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the new independent states of the former Soviet Union
and international organizations when it is in the national
security interest of the United States to do so: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropria-
tions: Provided further, That funds appropriated under
this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State de-
termines (and so reports to the Congress) that Israel is
not being denied its right to participate in the activities
of that Agency: Provided further, That the Secretary of
State shall submit to the appropriate congressional com-
mittees an annual report (to be submitted with the annual
presentation for appropriations) providing a full and de-
tailed accounting of the fiscal year request for the United
States contribution to KEDO, the expected operating
budget of KEDO, 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.
DEPARTMENT OF THE TREASURY
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying direct loans
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and loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reduc-
ing, or canceling amounts, through debt buybacks and
swaps, owed to the United States as a result of
concessional loans made to eligible Latin American and
Caribbean countries, pursuant to part IV of the Foreign
Assistance Act of 1961; of modifying concessional credit
agreements with least developed countries, as authorized
under section 411 of the Agricultural Trade Development
and Assistance Act of 1954, as amended, and concessional
loans, guarantees and credit agreements with any country
in sub-Saharan Africa, as authorized under section 572
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100–
461); and of modifying any obligation, or portion of such
obligation for Latin American countries to pay for pur-
chases of United States agricultural commodities guaran-
teed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section
5(f ) of the Commodity Credit Corporation Charter Act of
June 29, 1948, as amended, section 4(b) of the Food for
Peace Act of 1966, as amended (Public Law 89–808), or
section 202 of the Agricultural Trade Act of 1978, as
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amended (Public Law 95–501), $36,000,000, to remain
available until expended: Provided, That not to exceed
$2,900,000 of such funds may be used for implementation
of improvements in the foreign credit reporting system of
the United States Government: Provided further, That the
authority provided by section 572 of Public Law 100–461
may be exercised only with respect to countries that are
eligible to borrow from the International Development As-
sociation, but not from the International Bank for Recon-
struction and Development, commonly referred to as
‘‘IDA-only’’ countries.
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,
$50,000,000 of which up to $1,000,000 may remain avail-
able until expended: Provided, That the civilian personnel
for whom military education and training may be provided
under this heading may include civilians who are not mem-
bers of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further,
That funds appropriated under this heading for grant fi-
nanced military education and training for Indonesia and
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Guatemala may only be available for expanded inter-
national military education and training and funds made
available for Guatemala may only be provided through the
regular notification procedures of the Committees on Ap-
propriations: Provided further, That none of the funds ap-
propriated under this heading may be made available to
support grant financed military education and training at
the School of the Americas unless the Secretary of De-
fense certifies that the instruction and training provided
by the School of the Americas is fully consistent with
training and doctrine, particularly with respect to the ob-
servance of human rights, provided by the Department of
Defense to United States military students at Department
of Defense institutions whose primary purpose is to train
United States military personnel: Provided further, That
the Secretary of Defense shall submit to the Committees
on Appropriations, no later than January 15, 1999, a re-
port detailing the training activities of the School of the
Americas and a general assessment regarding the per-
formance of its graduates during 1997.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
Arms Export Control Act, $3,335,910,000: Provided,
That of the funds appropriated under this heading, not
to exceed $1,860,000,000 shall be available for grants only
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for Israel, and not to exceed $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 30 days of enactment of this Act or
by October 31, 1998, whichever is later: Provided further,
That to the extent that the Government of Israel requests
that funds be used for such purposes, grants made avail-
able for Israel by this paragraph shall, as agreed by Israel
and the United States, be available for advanced weapons
systems, of which not less than $490,000,000 shall be
available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That during fiscal year 1999 the Presi-
dent is authorized to, and shall, direct drawdowns of de-
fense articles from the stocks of the Department of De-
fense, defense services of the Department of Defense, and
military education and training of an aggregate value of
not less than $25,000,000 under the authority of this pro-
viso for Jordan for the purposes of part II of the Foreign
Assistance Act of 1961: Provided further, That section
506(c) of the Foreign Assistance Act of 1961 shall apply,
and section 632(d) of the Foreign Assistance Act of 1961
shall not apply, to any such drawdown: Provided further,
That none of the funds made available under this heading
shall be available for any non-NATO country participating
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in the Partnership for Peace Program except through the
regular notification procedures of the Committees on Ap-
propriations: Provided further, 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
heading shall be obligated upon apportionment in accord-
ance with paragraph (5)(C) of title 31, United States
Code, section 1501(a).
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows:
cost of direct loans, $20,000,000: Provided, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed
$167,000,000.
None of the funds made available under this heading
shall be available to finance the procurement of defense
articles, defense services, or design and construction serv-
ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
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try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available
for Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities and may in-
clude activities implemented through nongovernmental
and international 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 as-
sistance 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 Ap-
propriations, 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 supplement the funds available under this
heading for the cost of direct loans: Provided further, That
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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 $29,910,000 of the funds appropriated
under this heading may be obligated for necessary ex-
penses, including the purchase of passenger motor vehicles
for replacement only for use outside of the United States,
for the general costs of administering military assistance
and sales: Provided further, That none of the funds under
this heading shall be available for Guatemala: Provided
further, That not more than $340,000,000 of funds real-
ized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 1999 pursuant
to section 43(b) of the Arms Export Control Act, except
that this limitation may be exceeded only through the reg-
ular notification procedures of the Committees on Appro-
priations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$62,250,000: Provided, That none of the funds appro-
priated under this heading shall be obligated or expended
except as provided through the regular notification proce-
dures of the Committees on Appropriations.
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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), $42,500,000, to remain available
until September 30, 2000, which shall be available for con-
tributions previously due.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $800,000,000,
to remain available until expended.
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, $21,152,000, to remain available until ex-
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pended, which shall be available for contributions pre-
viously due.
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
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 Mul-
tilateral Investment Fund by the Secretary of the Treas-
ury, for the United States contribution to the Fund to
be administered by the Inter-American Development
Bank, $50,000,000 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
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
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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),
$210,000,000, to remain available until expended, of
which $150,000,000 shall be available for contributions
previously due.
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, $128,000,000, to remain available
until expended, of which $88,300,000 shall be available
for contributions previously due.
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-
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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.
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, $157,250,000: Provided, That
none of the funds appropriated under this heading may
be made available for the United Nations Fund for
Science and Technology: Provided further, That none of
the funds appropriated under this heading may be made
available for the United Nations Population Fund
(UNFPA): Provided further, That none of the funds ap-
propriated under this heading may be made available for
the Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency
(IAEA).
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 percent of any appropriation item made
available by this Act shall be obligated during the last
month of availability.
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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.
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
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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
available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ‘‘International Military Education and Train-
ing ’’, not to exceed $50,000 shall be available for enter-
tainment allowances: Provided further, That of the funds
made available by this Act for the Inter-American Foun-
dation, not to exceed $2,000 shall be available for enter-
tainment and representation allowances: Provided further,
That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading
‘‘Trade and Development Agency’’, not to exceed $2,000
shall be available for representation and entertainment al-
lowances.
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
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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
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.
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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
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, 1999, 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 15
days in advance of the reobligation of such funds in ac-
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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 1999.
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 or ob-
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ligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall re-
main available until expended: Provided further, That the
report required by section 653(a) of the Foreign Assist-
ance Act of 1961 shall designate for each country, to the
extent known at the time of submission of such report,
those funds allocated for cash disbursement for balance
of payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to any country
which is in default during a period in excess of one cal-
endar year in payment to the United States of principal
or interest on any loan made to such country by the
United States pursuant to a program for which funds are
appropriated under this Act: Provided, That this section
and section 620(q) of the Foreign Assistance Act of 1961
shall not apply to funds made available in this Act or dur-
ing the current fiscal year for Nicaragua, Brazil, the
Democratic Republic of Congo, 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
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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
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing com-
modity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
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would compete with a similar commodity grown or pro-
duced in the United States: Provided, That this subsection
shall not prohibit—
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
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
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assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. (a) For the purposes of providing the exec-
utive 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-
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 ’’, ‘‘Peace Corps’’, ‘‘Migration and refugee assist-
ance’’, shall be available for obligation for activities, pro-
grams, 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 Appropria-
tions Committees of both Houses of Congress are pre-
viously notified 15 days in advance: Provided, That the
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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 percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15
days in advance of such commitment: Provided further,
That this section shall not apply to any reprogramming
for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than
10 percent of the amount previously justified to the Con-
gress for obligation for such activity, program, or project
for the current fiscal year: Provided further, That the re-
quirements of this section or any similar provision of this
Act or any other Act, including 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 require-
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ment was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any noti-
fication provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2)
of the Foreign Assistance Act of 1961 shall be subject to
the regular notification procedures of the Committees on
Appropriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. 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 Assist-
ance Act of 1961, as amended: Provided, That, subject
to the regular notification procedures of the Committees
on Appropriations, funds appropriated under this Act or
any previously enacted Act making appropriations for for-
eign operations, export financing, and related programs,
which are returned or not made available for organizations
and programs because of the implementation of this sec-
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tion or any similar provision of law, shall remain available
for obligation through September 30, 2000.
NEW INDEPENDENT STATES OF THE FORMER SOVIET
UNION
SEC. 517. (a) ECONOMIC REFORMS.—None of the
funds appropriated under the heading ‘‘Assistance for the
New Independent States of the Former Soviet Union’’
shall be made available for assistance for the Government
of Russia—
(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
foreign private investment;
(2) if that Government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, investments, or venture.
Assistance may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(b) None of the funds appropriated under the heading
‘‘Assistance for the New Independent States of the
Former Soviet Union’’ shall be made available to any gov-
ernment of the new independent states of the former So-
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viet Union if that government directs any action in viola-
tion of the territorial integrity 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 available without regard to the restric-
tion 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 sub-
section shall not apply to the use of such funds for the
provision of assistance for purposes of humanitarian and
refugee relief.
(c) None of the funds appropriated under the heading
‘‘Assistance 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 shall not apply to demilitarization,
demining, or nonproliferation programs.
(d) Funds appropriated under the heading ‘‘Assist-
ance for the New Independent States of the Former Soviet
Union’’ shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
(e) 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
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to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(f) In issuing new task orders, entering into con-
tracts, or making grants, with funds appropriated under
the heading ‘‘Assistance for the New Independent States
of the Former Soviet Union’’ in this Act or in prior appro-
priations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance
to the New Independent States and the implementing
agency shall encourage the participation of and give sig-
nificant weight to contractors and grantees who propose
investing a significant amount of their own resources (in-
cluding volunteer services and in-kind contributions) in
such projects and activities.
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
of family planning or to coerce or provide any financial
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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.
FOREIGN ORGANIZATIONS THAT PERFORM OR PROMOTE
ABORTION
OVERSEAS; FORCED
ABORTION
IN
THE
PEOPLE’S REPUBLIC OF CHINA
SEC. 518A. (a) section 104 of the Foreign Assistance
Act of 1961 is amended by adding at the end the following
new subsection:
‘‘(h) RESTRICTIONS ON ASSISTANCE TO FOREIGN
ORGANIZATIONS THAT PERFORM OR ACTIVELY PROMOTE
ABORTIONS.—
‘‘(1) PERFORMANCE OF ABORTIONS.—
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‘‘(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
to assistance provided directly to the govern-
ment of a country.
‘‘(2) LOBBYING ACTIVITIES.—
‘‘(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
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for which the funds are made available, violate
the laws of any foreign country concerning the
circumstances under which abortion is per-
mitted, regulated, or prohibited, or engage in
any activity or effort to alter the laws or gov-
ernmental policies of any foreign country con-
cerning the circumstances under which abortion
is permitted, regulated, or prohibited.
‘‘(B) Subparagraph (A) shall not apply to
activities in opposition to coercive abortion or
involuntary 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
either directly or through a subcontractor or sub-
grantee.
‘‘(4) DEFINITION.—As used in this section, the
term ‘activity or effort to alter the laws or govern-
mental policies of any foreign country concerning the
circumstances under which abortion is permitted,
regulated, or prohibited’ includes not only overt lob-
bying for such changes, but also such other activities
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as sponsoring, rather than merely attending, con-
ferences and workshops on the alleged defects in the
abortion laws, as well the drafting and distribution
of materials or public statements calling attention to
such alleged defects.’’.
(b) section 301 of the Foreign Assistance Act of 1961
is amended by adding at the end the following new sub-
section:
‘‘(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’
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includes physical duress or abuse, destruction or
confiscation of property, loss of means of livelihood,
or severe psychological pressure.’’.
(c) The President may waive the provisions of section
104(h)(1) of the Foreign Assistance Act of 1961, as
amended, pertaining to population assistance to foreign
organizations that perform abortions in foreign countries,
for any fiscal year: Provided, That if the President exer-
cises the waiver provided by this subsection for any fiscal
year, not to exceed $356,000,000 may be made available
for population planning activities or other population as-
sistance for such fiscal year: Provided further, That the
limitation in the previous proviso includes all funds for
programs and activities designed to control fertility or to
reduce or delay childbirths or pregnancies, irrespective of
the heading under which such funds are made available.
EXCESS DEFENSE ARTICLES FOR CENTRAL EUROPEAN
COUNTRIES
SEC. 519. section 105 of Public Law 104–164 (110
Stat. 1427) is amended by striking ‘‘1996 and 1997’’ and
inserting ‘‘1999 and 2000’’.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Colombia, Honduras,
Haiti, Liberia, Pakistan, Panama, Peru, Serbia, Sudan,
or the Democratic Republic of Congo except as provided
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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)
allocated by the executive branch in accordance with a re-
port, to be provided to the Committees on Appropriations
within 30 days of enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES
SEC. 522. Up to $10,000,000 of the funds made
available by this Act for assistance for family planning,
health, child survival, basic education, and AIDS, may be
used to reimburse United States Government agencies,
agencies of State governments, institutions of higher
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learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted
by, as the case may be, the Agency for International De-
velopment for the purpose of carrying out family planning
activities, child survival, and basic education 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 and
disease programs activities may be made available not-
withstanding any provision of law that restricts assistance
to foreign countries: Provided further, That funds appro-
priated under title II of this Act may be made available
pursuant to section 301 of the Foreign Assistance Act of
1961 if a primary purpose of the assistance is for child
survival and related programs: Provided further, That
funds appropriated by this Act that are made available
for family planning activities may be made available not-
withstanding section 512 of this Act and section 620(q)
of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
to finance indirectly any assistance or reparations to
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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 ‘‘1998’’ and inserting in
lieu thereof ‘‘1999’’.
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
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 notwithstanding section 10 of
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Public Law 91–672 and section 15 of the State Depart-
ment Basic Authorities Act of 1956.
DEMOCRACY IN CHINA
SEC. 527. Notwithstanding any other provision of law
that restricts assistance to foreign countries, funds appro-
priated by this Act for ‘‘Economic Support Fund’’ may
be made available to provide general support for non-
governmental organizations located outside the People’s
Republic of China that have as their primary purpose fos-
tering democracy in that country, and for activities of non-
governmental organizations located outside the People’s
Republic of China to foster democracy in that country:
Provided, That none of the funds made available for activi-
ties to foster democracy in the People’s Republic of China
may be made available for assistance to the government
of that country.
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
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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. 529. 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.
STINGERS IN THE PERSIAN GULF REGION
SEC. 530. 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. 531. 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-
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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. 532. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment of a foreign country under chapter 1 and 10 of
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
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(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—
(A) to carry out chapter 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).
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(4) TERMINATION
OF ASSISTANCE PROGRAMS.—
Upon termination of assistance to a country under chapter
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-
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.
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(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chap-
ter 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-
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 15 days prior to obli-
gating 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).
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(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. 533. (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
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,
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the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 534. 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-
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. 535. 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-
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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.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 536. 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. 537. None of the funds appropriated by this Act
may be obligated or expended to provide—
(1) 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-
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ees 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 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
(3) 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
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.
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SPECIAL AUTHORITIES
SEC. 538. (a) Funds appropriated in titles I and II
of this Act that are made available for Afghanistan, Leb-
anon, Montenegro, and for victims of war, displaced chil-
dren, displaced Burmese, humanitarian assistance for Ro-
mania, 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 As-
sistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting bio-
diversity conservation activities: Provided, That such as-
sistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(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.
(d)(1) WAIVER.—The President may waive the provi-
sions of section 1003 of Public Law 100–204 if the Presi-
dent determines and certifies in writing to the Speaker
of the House of Representatives and the President pro
tempore of the Senate that it is important to the national
security interests of the United States.
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(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. 539. 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
Israel;
(2) the decision by the Arab League in 1997 to
reinstate the boycott against Israel was deeply trou-
bling and disappointing;
(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. 540. (a) Of the funds appropriated by this Act
for ‘‘Economic Support Fund’’, assistance may be pro-
vided to strengthen the administration of justice in coun-
tries 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
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to enhance protection of participants in judicial cases may
be conducted notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section
may be made available notwithstanding section 534(c) and
the second and third sentences of section 534(e) of the
Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 541. (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, 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 nongovernmental organizations is in the na-
tional interest of the United States: Provided further, That
before using the authority of this subsection to furnish as-
sistance in support of programs of nongovernmental orga-
nizations, the President shall notify the Committees on
Appropriations under the regular notification procedures
of those committees, including a description of the pro-
gram to be assisted, the assistance to be provided, and
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the reasons for furnishing such assistance: Provided fur-
ther, 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 1999, 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
(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.
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EARMARKS
SEC. 542. (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
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as origi-
nally provided.
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(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. 543. 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. 544. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date
of enactment of this Act by the Congress: Provided, That
not to exceed $950,000 may be made available to carry
out the provisions of section 316 of Public Law 96–533.
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PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 545. (a) To the maximum extent possible, as-
sistance provided under this Act should make full use of
American resources, including commodities, products, and
services.
(b) It is the Sense of the Congress that, to the great-
est extent practicable, all equipment and products pur-
chased with funds made available in this Act should be
American-made.
(c) In providing financial assistance to, or entering
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (b) by
the Congress.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 546. 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. 547. The expenditure of any appropriation
under this Act for any consulting service through procure-
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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.
PRIVATE VOLUNTARY ORGANIZATIONS–DOCUMENTATION
SEC. 548. 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. 549. (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
or any other comparable provision of law. The prohibition
under this section with respect to a foreign government
shall terminate 12 months after that government ceases
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to provide such military equipment. This section applies
with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is 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. 550. (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
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penalties are fully paid to the government of the District
of Columbia.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on 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. 551. 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.
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WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 552. 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
in the former Yugoslavia and to furnish that information
to the United Nations War Crimes Tribunal for the former
Yugoslavia.
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LANDMINES
SEC. 553. 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 clearance 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. 554. 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-
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
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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
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.
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RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 562. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the
funds appropriated by 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) if the United Nations implements or im-
poses any taxation on any United States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT
OF FUNDS.—None of the funds appropriated by this Act
may be made available to pay any voluntary contribution
of the United States to the United Nations (including the
United Nations Development Program) unless the Presi-
dent certifies to the Congress 15 days in advance of such
payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United
States persons in order to raise revenue for the United
Nations or any of its specialized 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