of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. <<NOTE: 36 USC 151106 note.>> 147. Notwithstanding any
provision of any Federally-granted charter or any other provision of
law, beginning with fiscal year 1999 and for each fiscal year hereafter,
the real property of the National Education Association located in the
District of Columbia shall be subject to taxation by the District of
Columbia in the same manner as any similar organization.
Sec. 148. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 1999 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 149. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as ``Authority'').
Appropriations made by this Act for such programs or functions are
conditioned only on the approval by the Authority of the required
reorganization plans.
Sec. 150. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia Public Schools employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 151. None of the funds contained in this Act may be used by the
District of Columbia Corporation Counsel or any other officer or entity
of the District government to provide assistance for any petition drive
or civil action which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
[[Page 112 STAT. 2681-146]]
Sec. 152. The District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this section referred to
as ``Authority'') shall report to the Appropriations Committees of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives, by February 15, 1999, on the
status of all partnerships or agreements entered into from January 1,
1994 through September 30, 1998, between the District of Columbia
government and any nonprofit organization that
provides medical care, substance abuse treatment, low income housing,
food and shelter services, abstinance programs, or educational services
to children, adults and families residing in the District. For those
partnerships or agreements that have been terminated, the Authority
shall report to Congress on the plans by the District government for
reinitiating the partnerships or agreements with the respective
nonprofit organization.
Sec. 153. The Residency Requirement Reinstatement Amendment Act of
1998 (D.C. Act 12-340) is hereby repealed.
Sec. 154. None of the funds contained in this Act may be used after
April 1, 1999, to transfer or confine inmates classified above the
medium security level, as defined by the Federal Bureau of Prisons
classification instrument, to the Northeast Ohio Correctional Center
located in Youngstown, Ohio.
Sec. 155. Reserve.--The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
sec. 202 is amended to include the following:
``(i) Reserve.--Beginning with fiscal year 2000, the plan or budget
submitted pursuant to this Act shall contain $150,000,000 for a reserve
to be established by the Chief Financial Officer for the District of
Columbia and the District of Columbia Financial Responsibility and
Management Assistance Authority: Provided, That the reserve shall only
be expended according to criteria established by the Chief Financial
Officer and approved by the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 156. Library Fundraising Authority.--D.C. Code Section 37-105
is amended by striking the word ``and'' after section (11) and striking
the period after section (12) and adding the following phrase:
``, (13) Notwithstanding any other provision of law, the Board of
Trustees of the District of Columbia Public Library is authorized to
hire a fundraiser and to raise funds from private sources and expend
those funds for the benefit of the District of Columbia Public Library,
with the prior review and approval of the Chief Financial Officer for
the District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 157. District of Columbia Adoption Improvement Act of 1998. (a)
Short Title.--This section may be cited as the ``District of Columbia
Adoption Improvement Act of 1998''.
(b) Database.--The District of Columbia Child and Family Services
Agency (referred to as ``CFSA'') shall maintain an accurate database
listing and tracking any child found by the Family Division of the
District of Columbia Superior Court to be abused or neglected and who is
in the custody of the District of Columbia, including any child with the
goal of adoption or legally free for adoption.
[[Page 112 STAT. 2681-147]]
(c) Contracting With Private Service Providers.--
(1) Private contracts.--Not later than September 30, 1999,
CFSA shall enter into contracts with private service providers
to perform some of the adoption recruitment and placement
functions of CFSA, which may include recruitment, homestudy, and
placement services.
(2) Competitive bidding.--Any contract entered into pursuant
to paragraph (1) shall be subject to a competitive bidding
process when required by CFSA contracting policies and
procedures.
(3) Performance-based compensation.--
(A) In general.--Any contract entered into pursuant
to paragraph (1) shall compensate the winning bidder
pursuant to paragraph (2) upon completion of contract
deliverables.
(B) Contract deliverables.--In identifying contract
deliverables, CFSA shall consider--
(i) in the case of recruitment, receipt of a
list of potential adoptive families;
(ii) in the case of homestudies, receipt of a
completed homestudy in a form specified in advance
by CFSA; or
(iii) in the case of placements, the child is
placed in an adoptive home approved by CFSA or the
adoption is finalized.
(4) Types of contracts.--Nothing in this section shall be
construed to prevent CFSA from entering into contracts that
provide for multiple deliverables or conditions for partial
payment.
(5) Removal of barriers to adoption.--CFSA shall meet with
contractors to address issues identified during the term of a
contract entered into pursuant to this section, including issues
related to barriers to timely adoptions.
Sec. 158. Clarification of Responsibility for Adult Offender
Supervision in the District of Columbia. (a) Section 11233(b)(2) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33) is amended by--
(1) striking ``; and'' in subparagraph (F) and inserting
``;'';
(2) striking ``Columbia.'' in subparagraph (G) and inserting
``Columbia; and''; and
(3) inserting after subparagraph (G) the following:
``(H) carry out all functions which have heretofore
been carried out by the Social Services Division of the
Superior Court relating to supervision of adults subject
to protection orders or provision of services for or
related to such persons.''.
(b) Section 11-1722 of the District of Columbia Code is amended--
(1) in subsection (a)--
(A) by inserting ``juvenile'' after ``all'' in the
first sentence; and
(B) by amending the second sentence to read as
follows: ``The Director shall have no jurisdiction over
any adult under supervision.'';
(2) in subsection (b), inserting ``including the agency
established by section 11233(a) of the National Capital
Revitalization
[[Page 112 STAT. 2681-148]]
and Self-Government Improvement Act of 1997,'' after
``Columbia,''; and
(3) in subsection (c), by inserting ``juvenile'' after
``of''.
Sec. 159. Public Law 104-8 is amended by adding new section 109 as
follows:
``SEC. 109. CHIEF MANAGEMENT OFFICER.
``(a) The Authority may employ a Chief Management Officer of the
District of Columbia, who shall be appointed by the Chair with the
consent of the Authority. The Chief Management Officer shall assist the
Authority in the fulfillment of its responsibilities under the District
of Columbia Management Reform Act of 1997, subtitle B of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
title XI of Public Law 105-33, to improve the effectiveness and
efficiency of the District of Columbia Government. The Authority may
delegate to the Chief Management Officer responsibility for oversight
and supervision of departments and functions of the District of Columbia
Government, or successor departments and functions, consistent with the
District of Columbia Management Reform Act of 1997, subtitle B of the
National Capital Revitalization and Self-Government Improvement Act of
1997, title XI of Public Law 105-33. The Chief Management Officer shall
report directly to the
Authority, through the Chair of the Authority, and shall be directed in
his or her performance by a majority of the Authority. The Chief
Management Officer shall be paid at an annual rate determined by the
Authority sufficient in the judgment of the Authority to obtain the
services of an individual with the skills and experience required to
discharge the duties of the office.
``(b) Employment Contract.--Notwithstanding any other provision of
law, the employment agreement entered into as of January 15, 1998,
between the Chief Management Officer and the District of Columbia
Financial Responsibility and Management Assistance Authority shall be
valid in all respects.''.
Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to
read as follows--
``(A) Audit the financial statement and report described in
paragraph (3)(H) for a fiscal year, except that the financial statement
and report may not be audited by the same auditor (or an auditor
employed by or affiliated with the same auditor) for more than 5
consecutive fiscal years; and''.
Sec. 161. Deficit Reduction and Revitalization.--Notwithstanding any
other provision of law or this Act, funds allocated to management reform
by the District of Columbia Financial Responsibility and Management
Assistance Authority under this heading in Public Law 105-100 (111 Stat.
2159), as contained in the Authority's notification of June 24, 1998,
shall remain available for management reform until September 30, 1999:
Provided, That said funds shall not exceed $3,200,000.
Sec. 162. Prompt Payments. (a) Section 3901 of title 31, United
States Code is amended by adding at the end the following new subsection
(d):
``(d)(1) Notwithstanding subsection (a)(1) of this section, this
chapter, except section 3907 of this title, applies to the District of
Columbia Courts.
``(2) A claim for an interest penalty not paid under this chapter
may be filed in the same manner as claims are filed with respect
[[Page 112 STAT. 2681-149]]
to contracts to provide property or services for the District of
Columbia Courts.
``(3)(A) Except as provided in subparagraph (B), an interest penalty
under this chapter does not continue to accrue for more than one year or
after a claim for an interest penalty is filed in the manner described
in paragraph (2), whichever is earlier.
``(B) If a claim for an interest penalty is filed in the manner
described in paragraph (2) and interest is not available for such claims
under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts,
interest will accrue under this chapter as provided in paragraph (A) and
from the date the claim is filed until the date the claim is paid.
``(4) Paragraph (3) of this subsection does not prevent an interest
penalty from accruing on a claim if such interest is available for such
claim under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts. Such
interest may accrue on an unpaid contract payment and on the unpaid
penalty under this chapter.
``(5) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not made
because of a dispute between the head of an agency and a business
concern over the amount of payment or compliance with the contract. A
claim related to the dispute, and any interest payable for the period
during which the dispute is being resolved, is subject to the laws and
regulations governing claims under contracts to provide property or
services for the District of Columbia Courts.''.
Sec. 163. Section 147 of the Nation's Capital Bicentennial
Designation Act (Public Law 105-100; 111 Stat. 2180) is amended--
(1) in subsection (a)(3)(B) by striking ``President's Day''
and inserting ``Washington's Birthday'';
(2) in subsection (b)(1) by striking ``President's Day'' and
inserting ``Washington's Birthday''.
Sec. 164. Section 101(b) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
109 Stat. 97, is amended by adding at the end of paragraph (5) the
following new subparagraph:
``(D) Continuation of service until successor
appointed.--Upon the expiration of a term of office, a
member of the Authority may continue to serve until a
successor has been appointed.''
Sec. 165. Section 456(d)(2) of the District of Columbia Home Rule
Act (87 Stat. 774; Public Law 93-198, as amended) is amended by adding
at the end:
``(H) A statement of the balance of each account
held by the District of Columbia Financial
Responsibility and Management Assistance Authority as of
the end of the quarter, together with a description of
the activities within each such account during the
quarter based on information supplied by the
Authority.''.
Sec. 166. No funds made available pursuant to any provision of
this Act or any other act now or hereafter enacted shall be used to
capitalize the National Capital Revitalization Corporation or for the
purpose of implementing the National Capital Revitalization Act of 1998
(D.C. Act 12-355) until at least 30 days after the District of Columbia
Financial Responsibility and Management
[[Page 112 STAT. 2681-150]]
Assistance Authority submits to the appropriate committees of Congress
an economic development strategy.
Sec. 167. The District of Columbia government shall maintain for
fiscal year 1999 the same funding levels as provided in fiscal year 1997
for homeless services in the District of Columbia: Provided, That in
addition to such amounts, $1,000,000 shall be paid to The Doe Fund for
its Ready, Willing & Able program in Washington, D.C.
Sec. 168. (a) No later than November 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, the Chief Financial Officer shall submit to the appropriate
committees of Congress, the Mayor, and the District of Columbia
Financial Responsibility and Management Assistance Authority a revised
appropriated funds operating budget for all agencies of the District of
Columbia government for such fiscal year that is in the total amount of
the approved appropriation and that realigns budgeted data for personal
services and other-than-personal-services, respectively, with
anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 169. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat.
813; Public Law 93-198; D.C. Code, sec. 1-233(c)(1), D.C. Act 12-421),
``Oyster Elementary School Construction and Revenue Bond Act of 1998'',
shall take effect upon the date of enactment of this Act.
Sec. 170. None of the funds contained in this Act may be used for
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug, or for any payment to any
individual or entity who carries out any such program.
Sec. 171. None of the funds contained in this Act may be used to
conduct any ballot initiative which seeks to legalize or otherwise
reduce penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
This Act may be cited as the ``District of Columbia Appropriations
Act, 1999''.
(d) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999, provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the
[[Page 112 STAT. 2681-151]]
Government Corporation 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 current fiscal year may be
used to make expenditures, contracts, 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 economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $765,000,000 to remain available until September 30,
2002: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2013 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1999, 2000,
2001, and 2002: Provided further, That none of the funds appropriated by
this Act or any prior Act appropriating 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 notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated by this paragraph are made available notwithstanding
section 2(b)(2) of the Export Import Bank Act of 1945, in connection
with the purchase or lease of any product by any East European country,
any Baltic State or any agency or national thereof.
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $22,500 for official reception and
representation expenses for members of the Board of Directors,
$50,000,000: 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, repossession or sale
of pledged collateral or other assets acquired by the Export-Import Bank
in satisfaction of moneys 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 application
for a loan, guarantee or insurance commitment has been made, shall be
considered nonadministrative expenses for the purposes of this heading:
Provided <<NOTE: 12 USC 635a note. overseas private investment
corporation noncredit account>> further, That, notwithstanding
subsection (b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October 1, 1999.
[[Page 112 STAT. 2681-152]]
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments 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
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $32,500,000 of which not more than $27,500,000 may be
made available until the Corporation reports to the Committees on
Appropriations on measures taken to (1) establish sector specific
investment funds; and (2) support regional investment initiatives in
Georgia, Armenia and Azerbaijan through the Caucasus Fund: Provided
further, That project-specific transaction 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.
For the cost of direct and guaranteed loans, $50,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying 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 1999 and 2000: Provided further,
That such sums shall remain available through fiscal year 2007 for the
disbursement of direct and guaranteed loans obligated in fiscal year
1999, and through fiscal year 2008 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2000: Provided further, That
in addition, such sums as may 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 insurance
programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Funds Appropriated to the President
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $44,000,000, to remain available
until September 30, 2000: Provided, That the Trade and Development
Agency may receive 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, 2000, for
necessary expenses under this paragraph: Provided further, That such
reimbursements shall not cover, or
[[Page 112 STAT. 2681-153]]
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,
1999, unless otherwise specified herein, as follows:
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
basic education, assistance to combat tropical and other diseases, and
related activities, in addition to funds otherwise available for such
purposes, $650,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and
nutrition programs, and related education programs, which address the
needs of mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs for the
prevention, treatment, and control of, and research on, tuberculosis,
HIV/AIDS, polio, malaria and other diseases; and (7) up to $98,000,000
for basic education programs for children: Provided further, That none
of the funds appropriated under this heading may be made available for
nonproject assistance for health and child survival programs, except
that funds may be made available for such assistance for ongoing health
programs.
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
Foreign Assistance Act of 1969, $1,225,000,000, to remain available
until September 30, 2000: Provided, That of the amount appropriated
under this heading, up to $20,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
Agency: Provided further, That of the amount appropriated under this
heading, up to $11,000,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of
the United 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
[[Page 112 STAT. 2681-154]]
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, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes), (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to (A) an individual in exchange
for becoming a family planning acceptor, or (B) program personnel for
achieving a numerical target or quota of total number of births, number
of family planning acceptors, or acceptors of a particular method of
family planning, (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services, (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the
use of the method, (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only
in the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after the
date on which the Administrator of the United States Agency for
International Development determines that there has been a violation of
the requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator shall
submit to the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate, a
report containing a description of such violation and the corrective
action taken by the Agency: 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 religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating funds
for foreign operations, 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 pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding 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 appropriated
under this heading,
[[Page 112 STAT. 2681-155]]
$2,500,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for Agricultural
Development (IFAD): Provided further, That none of the funds
appropriated under this heading may be made available for any activity
which is in contravention to the Convention on International Trade in
Endangered Species of Flora and Fauna (CITES): Provided further, That
none of the funds appropriated under this heading may be made available
for assistance for the central Government of the Republic of South
Africa, until the Secretary of State reports in writing to the
appropriate committees of the Congress on the steps being taken by the
United States Government to work with the Government of the Republic of
South Africa to negotiate the repeal, suspension, or termination of
section 15(c) of South Africa's Medicines and Related Substances Control
Amendment Act No. 90 of 1997: Provided further, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $25,000, in addition 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 heading, not
less than $1,500,000 should be made available for agriculture programs
in Laos: Provided further, That of the funds appropriated under this
heading not less than $500,000 should be made available for support of
the United States Telecommunications Training Institute: Provided
further, That, of the funds made available by this Act for the
``Microenterprise Initiative'' (including any local currencies made
available for the purposes of the Initiative), not less than 50 percent
of the funds used for microcredit should be made available for support
of programs providing loans of less than $300 to very poor people,
particularly women, or for institutional support of organizations
primarily engaged in making such loans.
Of the funds appropriated under the headings ``Development
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 measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $6,500,000 shall be
made available to support democracy activities in Burma, democracy and
humanitarian activities along the Burma-Thailand border, and for Burmese
student groups and other organizations located outside Burma: Provided,
That funds made available for Burma-related activities under this
heading may be made available notwithstanding any other provision of
law: Provided further, That the provision of such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
[[Page 112 STAT. 2681-156]]
None of the funds appropriated by this Act may be made available for
activities or programs for Cambodia until the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Cambodia has: (1) thoroughly and credibly resolved all
election-related disputes and complaints filed by all political parties
to the National Election Commission and the Constitutional Council; (2)
discontinued all political violence and intimidation of journalists and
members of opposition parties; and (3) been formed through credible,
democratic elections: Provided, That the restrictions under this heading
shall not apply to demining or activities administered by
nongovernmental organizations: Provided further, That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $75,000,000 shall
be made available for assistance for Indonesia: Provided, That of this
amount, not less than $15,000,000 should be made available for
activities administered by the Office of Transition Initiatives:
Provided further, That of the amount made available under this heading
up to $25,000,000 may be derived from funds that are available for
obligation pursuant to section 511 of this Act or any comparable
provision of law.
None of <<NOTE: 22 USC 2151u note.>> 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 organization, which obtains less than
20 percent of its total annual funding for international activities from
sources other than the United States Government: Provided, That the
Administrator of the Agency for International Development may, on a
case-by-case basis, waive the restriction contained in this paragraph,
after taking into account the effectiveness of the overseas development
activities of the organization, its level of volunteer support, its
financial viability and stability, and the degree of its dependence for
its financial support on the agency: Provided further, That section
123(g) of the Foreign <<NOTE: 22 USC 2151u and note.>> Assistance Act of
1961 and the paragraph entitled ``Private and Voluntary Organizations''
in title II of the Foreign Assistance and Related Programs
Appropriations Act, 1985 (as enacted in Public Law 98-473) are hereby
repealed.
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 contributions from
private sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful providers of
development assistance.
[[Page 112 STAT. 2681-157]]
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain
available until expended.
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such
costs shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That guarantees of loans made under this
heading in support of microenterprise activities may guarantee up to 70
percent of the principal amount of any such loans notwithstanding
section 108 of the Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this heading,
$500,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That funds made available under this
heading shall remain available until September 30, 2000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, including the cost of guaranteed
loans designed to promote the urban and environmental policies and
objectives of part I of such Act, $1,500,000, to remain available until
expended: Provided, That these funds are available to subsidize loan
principal, 100 per centum of which shall be guaranteed, pursuant to the
authority of such sections. In addition, for administrative expenses to
carry out guaranteed loan programs, $5,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section
222(a) <<NOTE: 22 USC 2183<plus-minus><plus-minus>. payment to the
foreign service retirement and disability fund>> of the Foreign
Assistance Act of 1961, and the third and fourth sentences of section
223(j) of such Act are repealed.
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,552,000.
For necessary expenses to carry out the provisions of section 667,
$479,950,000: Provided, That none of the funds appropriated by this Act
for programs administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports
[[Page 112 STAT. 2681-158]]
or studies) in excess of $25,000 without the approval of the
Administrator of the Agency or the Administrator's designee.
For necessary expenses to carry out the provisions of section 667,
$30,750,000, to remain available until September 30, 2000, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,367,000,000, to remain available until September 30, 2000:
Provided, That of the funds appropriated under this heading, not less
than $1,080,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1998,
whichever is later: Provided further, That not less than $775,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be provided
with the understanding that Egypt will undertake significant 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 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 appropriated under this
heading, not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That notwithstanding any other
provision of law, not to exceed $10,000,000 may be used to support
victims of the Holocaust.
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2000.
(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, $430,000,000, to remain
available until September 30, 2000, which shall be available,
notwithstanding any other provision of law, for economic assistance and
for related programs for Eastern Europe and the Baltic States.
[[Page 112 STAT. 2681-159]]
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(d) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies 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 International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure 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) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on training,
investigations, and related activities between Iranian officials and
Bosnian officials has not been terminated.
(f) Not to exceed $200,000,000 of the funds appropriated under this
heading may be made available for Bosnia and Herzegovina.
(g) 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
disbursement 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 Treasury of the United States and without
further appropriation 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.
(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 related programs, $801,000,000, to remain available until
September 30, 2000: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided further, That
such sums as may be necessary may be transferred to the Export-Import
Bank of the United States for the cost of any financing under the
Export-Import Bank Act of 1945 for activities for the New Independent
States.
[[Page 112 STAT. 2681-160]]
(b) Funds appropriated under title II of this Act, including funds
appropriated under this heading, should be made available for assistance
for Mongolia at a level which is at least equivalent to the level
provided in fiscal year 1998: Provided, That funds made available for
assistance for Mongolia may be made available in accordance with the
purposes and utilizing the authorities provided in chapter 11 of part I
of the Foreign Assistance Act of 1961.
(c)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent shall
be withheld from obligation until the President determines and certifies
in writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability.
(2) Notwithstanding paragraph (1) assistance may be provided for the
Government of Russia if the President determines and certifies to the
Committees on Appropriations that making such funds available: (A) is
vital to the national security interest of the United States; and (B)
that the Government of Russia is taking meaningful steps to limit major
supply contracts and to curtail the transfer of technology and
technological expertise related to activities referred to in paragraph
(1).
(d) Not more than 30 percent of the funds appropriated under this
heading may be made available for assistance for any country in the
region.
(e) Of the funds appropriated under this heading, not less than
$228,000,000 shall be made available for assistance for the Southern
Caucasus region: Provided, That of the funds made available for the
Southern Caucasus region, 17.5 percent should be used for reconstruction
and other activities relating to the peaceful resolution of conflicts
within the region, especially those in the vicinity of Abkhazia and
Nagorno-Karabakh: Provided further, That if the Secretary of State after
May 30, 1999, determines and reports to the relevant committees of
Congress that the full amount of funds that may be made available under
the first proviso cannot be effectively utilized, the amount provided
may be used for other purposes under this heading: Provided further,
That of the funds provided under this subsection, 37 percent shall be
made available for assistance for Georgia and 35 percent shall be made
available for assistance for Armenia: Provided further, That of funds
made available for Armenia, not less than 12 percent shall be made
available for an endowment for the American University in Armenia.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
[[Page 112 STAT. 2681-161]]
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(g) Of the funds appropriated under this heading, not less than
$195,000,000 shall be made available for assistance for Ukraine:
Provided, That not less than $25,000,000 of such funds should be made
available for nuclear reactor safety programs, of which not less than
$1,000,000 shall be made available for personnel security initiatives at
all nuclear reactor installations: Provided further, That 50 percent of
the amount made available in this subsection, exclusive of funds made
available for nuclear safety and law enforcement reforms, shall be
withheld from obligation and expenditure until the Secretary of State
reports to the Committees on Appropriations that Ukraine has undertaken
significant economic reforms additional to those achieved in fiscal year
1998, and include: (1) reform and effective enforcement of commercial
and tax codes; and (2) continued progress on resolution of complaints by
United States investors: Provided further, That the report in the
previous proviso shall be provided 120 days after the date of enactment
of this Act: Provided further, That for the purposes of the agreement
with Ukraine submitted to the Congress under section 123 of the Atomic
Energy Act of 1954, as amended, the requirement to submit the agreement
and related documents to the Congress and the appropriate congressional
committees for the periods described in that Act shall be deemed
satisfied upon the enactment of this Act.
(h) The Coordinator for Assistance to the New Independent States of
the Former Soviet Union shall inform the Committees on Appropriations
prior to the obligation of funds made available under this heading for a
United States national lab to administer nuclear safety activities if
the management costs exceed 9 percent of the costs associated with the
program or activity.
Independent Agency
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $240,000,000, including 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:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2000.
Department of State
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $261,000,000: Provided, That none of the funds
under this heading may be made available to establish or operate an
International Law Enforcement Academy for the Western Hemisphere outside
the United States: Provided further, That
[[Page 112 STAT. 2681-162]]
in addition to any funds previously made available for an International
Law Enforcement Academy for the Western Hemisphere, not less than
$5,000,000 should be made available to establish and operate the
International Law Enforcement Academy for the Western Hemisphere at the
deBremond Training Center in Roswell, New Mexico: Provided further, That
during fiscal year 1999, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations.
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,
$640,000,000: Provided, That not more than $13,000,000 shall be
available for administrative expenses: Provided further, That not less
than $70,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in Israel.
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)), $30,000,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding 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 appropriated for this purpose.
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $198,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961
for anti-terrorism assistance, 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, the clearance of unexploded ordnance, and related
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
[[Page 112 STAT. 2681-163]]
International Atomic Energy Agency (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO), and for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That the Secretary of State
shall inform the Committees on Appropriations at least twenty days prior
to the obligation of funds for the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, 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 multilateral
activities relating to nonproliferation and disarmament: 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
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 Appropriations:
Provided further, That of the funds appropriated under this heading not
less than $35,000,000 should be made available for demining, clearance
of unexploded ordnance, and related activities: Provided further, That
of the funds made available for demining and related activities, not to
exceed $500,000, in addition to funds otherwise available for such
purposes, may be used for expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading may be made available 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 participate in the activities of that Agency.
Department of the Treasury
For the cost, as defined in section 502 of the Congressional 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 Function 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 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 purchases of
United States agricultural commodities guaranteed 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 amended (Public Law 95-501),
$33,000,000, to remain available
[[Page 112 STAT. 2681-164]]
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 Association, but not from the
International Bank for Reconstruction and Development, commonly referred
to as ``IDA-only'' countries: Provided further, That the authorities and
appropriation under this heading shall also satisfy the requirement of
section 808(a)(3) of part V of the Foreign Assistance Act, as amended,
for the purpose of debt buybacks and swaps which incur no costs (as
defined under section 502(5) of the Federal Credit Reform Act of 1990)
in fiscal year 1999.
For necessary expenses to carry out Department of the Treasury
international affairs technical assistance activities, $1,500,000, to
remain available until expended, which shall be available, pursuant to
section 589 of this Act, for economic technical assistance and for
related programs.
For the United States Community Adjustment and Investment Program
authorized by section 543 of the North American Free Trade Agreement
Implementation Act, $10,000,000 to remain available until September 30,
2000: Provided, That the Secretary may transfer such funds to the North
American Development Bank and/or to one or more Federal agencies for the
purpose of enabling the Bank or such Federal agencies to assist in
carrying out the program by providing technical assistance, grants,
loans, loan guarantees, and other financial subsidies endorsed by the
inter-agency finance committee established by section 7 of Executive
Order 12916: Provided further, That no portion of such funds may be
transferred to the Bank unless the Secretary shall have first entered
into an agreement with the Bank that provides that any such funds may
not be used for the Bank's administrative expenses: Provided further,
That any funds transferred to the Bank under this head will be in
addition to the 10 percent of the paid-in capital paid to the Bank by
the United States referred to in section 543 of the Act: Provided
further, That any funds transferred to any Federal agency under this
head will be in addition to amounts otherwise provided to such agency:
Provided further, That any funds transferred to an agency under this
head shall be subject to the same terms and conditions as the account to
which transferred.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
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 available until expended: Provided, That the
civilian personnel for whom military education and
[[Page 112 STAT. 2681-165]]
training may be provided under this heading may include civilians who
are not members 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 financed military education and training
for Indonesia and Guatemala may only be available for expanded
international military education and training and funds made available
for Guatemala may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated 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 Defense 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
observance 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.
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,330,000,000: Provided, That of the funds appropriated under this
heading, not less than $1,860,000,000 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, 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 available 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 of the funds appropriated by this
paragraph, not less than $45,000,000 should be available for assistance
for Jordan: Provided further, That during fiscal year 1999 the President
is authorized to, and shall, direct drawdowns of defense articles from
the stocks of the Department of Defense, 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
proviso 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 in the Partnership
for Peace Program except through the regular notification procedures of
the Committees on Appropriations: Provided further, That of the funds
appropriated by this paragraph, not less than $7,000,000 shall be made
available for assistance for Tunisia: Provided further, That during
fiscal year 1999, the President is authorized to, and shall, direct the
drawdowns of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and
[[Page 112 STAT. 2681-166]]
military education and training of an aggregate value of not less than
$5,000,000 under the authority of this proviso for Tunisia for the
purposes of part II of the Foreign Assistance Act of 1961 and any amount
so directed shall count toward meeting the earmark in the previous
proviso: 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
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 accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
For the cost, as defined in section 502 of the Congressional 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 services 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 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 assistance 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
include activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds under this
heading shall be available for assistance for Guatemala: 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
supplement 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
$29,910,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military
[[Page 112 STAT. 2681-167]]
assistance and sales: Provided further, That not more than $340,000,000
of funds realized 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 regular notification procedures of the Committees on
Appropriations.
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $76,500,000: 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.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $192,500,000 to
remain available until expended for contributions previously due:
Provided, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
For payment to the International Development Association (IDA) by
the Secretary of the Treasury, $800,000,000, to remain available until
expended: Provided, That none of these funds may be obligated or
expended until the Secretary of the Treasury certifies that a procedure
has been established for the Comptroller General of the United States to
be provided full access to: (1) the financial and related records of the
International Bank for Reconstruction and Development and IDA for the
purposes of conducting audits of current loans and financial assistance
provided by these institutions; and (2) management personnel manuals,
procedures, and policy guidelines: Provided further, That following the
review conducted in the previous proviso, the Comptroller General shall
report to the Committees on Appropriations on the results of the audit
and recommendations to improve institutional financial and personnel
procedures, especially regarding the protection of individuals alleging
mismanagement, fraud, or abuses: Provided further, That at least ten
days prior to the obligation of funds appropriated under this heading
the Secretary of Treasury shall report to the
Committees on Appropriations of his intent to obligate such funds.
[[Page 112 STAT. 2681-168]]
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.
For payment to the Inter-American Bank by the Secretary of the
Treasury, for the United States share of the increase in resources for
the Fund for Special Operations, $21,152,000, to remain available until
expended for contributions previously due.
The United States Governor of the Inter-American 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 $1,503,718,910.
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund, $50,000,000 to remain available until expended
for contributions previously due.
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.
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.
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 Development Bank Act, as amended (Public Law 89-
369), $210,000,000, to remain available until expended, of which
$187,000,000 shall be available for contributions previously due.
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.
[[Page 112 STAT. 2681-169]]
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 portion of the increase in capital stock, to remain
available until expended.
The United States Governor of the European Bank for Reconstruction
and Development 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 $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, $187,000,000:
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 may be made available for the United Nations Population
Fund (UNFPA): Provided further, That not less than $5,000,000 should be
made available to the World Food Program: Provided further, That none of
the funds made available under this heading, may be provided to the
Climate Stabilization Fund until fifteen days after the Department of
State provides a report to the Committees on Foreign Relations and
Appropriations in the Senate and the Committees on International
Relations and Appropriations in the House of Representatives detailing
the number of Fund employees and associated salaries and the fiscal year
1998 and 1999 Fund activities, programs or projects and associated
costs: 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 International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
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.
Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act
of 1961, 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.
[[Page 112 STAT. 2681-170]]
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 maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
Sec. 504. Of the funds appropriated or made available 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.
Sec. 505. Of the funds appropriated or made available 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
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 ``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 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 allowances.
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 technology.
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
[[Page 112 STAT. 2681-171]]
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
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 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 subsequent to the termination of
assistance a democratically elected government has taken office.
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 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: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
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
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 purpose, and for countries within the same region
as originally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified 15 days in advance of the
reobligation of such funds in accordance with regular notification
procedures of the Committees 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.
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided 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
[[Page 112 STAT. 2681-172]]
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 provision 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
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 purposes.
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 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 during the current fiscal year for Nicaragua, Brazil, 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.
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 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 Export-Import
Bank if in the judgment of its Board of Directors 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
commodity, 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 introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
[[Page 112 STAT. 2681-173]]
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
Sec. 514. <<NOTE: 22 USC 262h.>> (a) The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance 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 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.
(b) The Secretary of the Treasury should instruct the United States
executive directors of international financial institutions listed in
subsection (a) of this section to use the voice and vote of the United
States to support the purchase of American produced agricultural
commodities with funds appropriated or made available pursuant to this
Act.
Sec. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International narcotics
control and law enforcement'', ``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
Development'', ``Operating expenses of the Agency for International
Development Office of Inspector General'', ``Nonproliferation, anti-
terrorism, demining and related programs'', ``Foreign Military Financing
Program'', ``International military education and training '', ``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 Appropriations Committees for obligation
under any of these specific headings unless the Appropriations
Committees of both Houses of Congress are previously notified 15 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
[[Page 112 STAT. 2681-174]]
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 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,
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 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 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.
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, 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 section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2000:
Provided,That <<NOTE: 22 USC 2227. new independent states of the former
soviet union>> section 307(a) of the Foreign Assistance Act of 1961, is
amended by inserting before the period at the end thereof ``, or at the
discretion of the President, Communist countries listed in section
620(f) of this Act''.
Sec. 517. (a) 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 a Government of the New
Independent States of the former Soviet Union--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial contracts,
and equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated
under the heading ``Assistance for the New Independent States of the
Former Soviet Union''
[[Page 112 STAT. 2681-175]]
shall be made available for assistance for a Government of the New
Independent States of
the former Soviet Union if that government directs any action in
violation 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 restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States.
(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 does not apply to demilitarization,
demining or nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' shall be subject to the
regular notification procedures 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 to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that are
or have been made available for an Enterprise Fund in the New
Independent States of the Former Soviet Union 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
appropriation 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.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the heading ``Assistance for the New Independent States of the
Former Soviet Union'' 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 significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(h)(1) Withholding of Assistance.--None of the funds appropriated by
this Act may be made available for assistance for the Government of the
Russian Federation, after 180 days from the date of enactment of this
Act, until agreement has been reached that assistance provided with
funds appropriated by this Act will not be subject to customs duties or
that legislation has been enacted and is in force that exempts such
assistance from being subject to customs duties.
(2) Waiver.--Notwithstanding paragraph (1), assistance may be
provided for the Government of the Russian Federation if the President
determines that significant progress has been made on reaching an
agreement, or enacting and enforcing legislation, that meets the
objectives of this section to provide exemption from customs duties for
assistance furnished under this Act.
[[Page 112 STAT. 2681-176]]
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
abortions 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 Assistance 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 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 sterilizations: Provided, That none of the
funds made available under this Act may be used to lobby for or against
abortion.
Sec. 519. Section 105 of Public Law 104-164 (110 Stat. 1427) is
amended by striking ``1996 and 1997'' and inserting ``1999 and 2000''.
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Honduras, Haiti, Liberia, Pakistan,
Serbia, Sudan, or the Democratic Republic of Congo except as provided
through the regular notification procedures of the Committees on
Appropriations.
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations 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 program level funding within each such
account; for the development assistance accounts of the Agency for
International 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 report, 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.
[[Page 112 STAT. 2681-177]]
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, AIDS and other infectious diseases, may be used to reimburse
United States Government agencies, agencies of State governments,
institutions of higher 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 Development for the purpose of
carrying out family planning activities, child survival, and basic
education activities, and activities relating to research on, and the
prevention, treatment and control of acquired immune deficiency syndrome
or other diseases in developing countries: Provided, That funds
appropriated by this Act that are made available for child survival
activities or disease programs including activities relating to research
on, and the prevention, treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further,
That funds appropriated 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
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
Sec. 523. None of the funds appropriated or otherwise 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 People's Republic of China,
unless the President of the United States certifies that the withholding
of these funds is contrary to the national interest of the United
States.
Sec. 524. Section 61(a) of the Arms Export Control Act is
amended <<NOTE: 22 USC 2796. NOTIFICATION ON EXCESS DEFENSE
EQUIPMENT>> by striking out ``1998'' and inserting in lieu thereof ``the
current fiscal year''.
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 Defense 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: Provided, 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 acquisition cost of such defense
articles.
[[Page 112 STAT. 2681-178]]
Sec. 526. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
Sec. 527. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated by this Act for
``Economic Support Fund'' may be made available to provide general
support for nongovernmental organizations located outside the People's
Republic of China that have as their primary purpose fostering democracy
in that country, and for activities of nongovernmental organizations
located outside the People's Republic of China to foster democracy in
that country: Provided, That none of the funds made available for
activities to foster democracy in the People's Republic of China may be
made available for assistance to the government of that country.
Sec. 528. (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 enactment of this Act, shall not be made available to any
country 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 subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: Federal Register,
publication. COMMERCIAL LEASING OF DEFENSE ARTICLES>> The President
shall publish each waiver in the Federal Register and, at least fifteen
days before the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures of the
Committees on Appropriations.
Sec. 529. <<NOTE: 22 USC 2763 note. COMPETITIVE
INSURANCE>> Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 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 including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling 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.
[[Page 112 STAT. 2681-179]]
Sec. 530. 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 opportunity to bid for insurance when such insurance is necessary
or appropriate.
Sec. 531. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs 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 Export
Control Act or chapter 2 of part II of the Foreign Assistance Act of
1961.
Sec. 532. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization 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 provided to that organization.
Sec. 533. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 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 generation 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 government 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, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor 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 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
[[Page 112 STAT. 2681-180]]
(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 separate 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 chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (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 tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 and sections 531(d) and
609 of the Foreign Assistance Act of 1961 are <<NOTE: 22 USC 2346,
2359.>> repealed.
(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 assistance, 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 notwithstanding 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 Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, 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 promoted 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 Committees on Appropriations.
[[Page 112 STAT. 2681-181]]
Sec. 534. (a) No funds appropriated by this Act may be made as
payment to any international financial institution 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 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 International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
Sec. <<NOTE: 50 USC 1701 note.>> 535. 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.
Sec. 536. <<NOTE: 22 USC 2762 note. authorities for the peace corps,
the inter-american foundation, the african development foundation and
the international fund for agricultural development>> 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 permitted at the same rates applicable to procurement of
like items purchased by the Department of Defense for its own use.
Sec. 537. (a) 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 Corps Act, the
Inter-American Foundation Act, or the African
[[Page 112 STAT. 2681-182]]
Development Foundation Act. The appropriate agency shall promptly
report to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for which
assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for ``International Organizations and Programs''
in this or any other Act, including prior appropriations Acts, shall not
be construed to be applicable to the International Fund for Agricultural
Development.
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently 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;
(b) 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
President 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 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.
Sec. 539. <<NOTE: 50 USC 1701 note.>> (a) Restrictions.--None of the
funds in this or any other Act may be made available to modify or remove
any sanction, prohibition or requirement with respect to Serbia-
Montenegro unless the President first submits to the Congress a
certification described in subsection (c).
(b) International Financial Institutions.--The Secretary of the
Treasury shall 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 any financial or
technical assistance or grants of any kind to the government of Serbia-
Montenegro, unless the President first submits to the Congress a
certification described in subsection (c).
(c) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial improvement in the human rights
situation in Kosova;
[[Page 112 STAT. 2681-183]]
(2) international human rights observers are allowed to
return to Kosova;
(3) Serbian, Serbian-Montenegrin federal government
officials, and representatives of the ethnic Albanian community
in Kosova have agreed on and begun implementation of a
negotiated settlement on the future status of Kosova; and
(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
(d) Waiver Authority.--The President may waive the application, in
whole or in part, of subsections (a) and (b) if he certifies in writing
to the Congress that the waiver is necessary to meet emergency
humanitarian needs or to advance negotiations toward a peaceful
settlement of the conflict in Kosova that is acceptable to the parties.
(e) Exemption for Montenegro.--This section shall not apply to
Montenegro.
Sec. 540. (a) Funds appropriated in titles I and II of this Act that
are made available for Afghanistan, Lebanon, Montenegro, and for victims
of war, displaced children, displaced Burmese, humanitarian assistance
for Romania, and humanitarian assistance for the peoples of 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 biodiversity conservation activities
and, subject to the regular notification procedures of the Committees on
Appropriations, energy programs aimed at reducing greenhouse gas
emissions: 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 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 provisions of section
1003 of Public Law 100-204 if the President 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.
(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.
Sec. 541. 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;
[[Page 112 STAT. 2681-184]]
(2) the decision by the Arab League in 1997 to reinstate the
boycott against Israel was deeply troubling and disappointing;
(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 normalizing 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.
Sec. 542. (a) Of the funds appropriated 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 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.
Sec. 543. (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, and from funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'': 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 national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance
[[Page 112 STAT. 2681-185]]
in support of programs of nongovernmental organizations, the President
shall notify the Committees 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 abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 1999, 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: 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 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.
Sec. 544. (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 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 determines that the recipient
for which funds are earmarked has significantly 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 military or economic cooperation
with the United States, the President shall consult with, and shall
provide a written policy justification to the Committees on
Appropriations: Provided, 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 originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Administrator 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 circumstances makes it unlikely that such
earmarked funds can be obligated during the original period of
availability: Provided, That such
[[Page 112 STAT. 2681-186]]
earmarked funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
Sec. 545. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
Earmarks or minimum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
Sec. 546. 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 $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96-533.
Sec. 547. (a) To the maximum extent possible, assistance 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 greatest extent
practicable, all agriculture commodities, equipment and products
purchased 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 available 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.
Sec. 548. 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 member of the United Nations.
Sec. 549. The expenditure of any appropriation under this Act for
any consulting service through procurement 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 pursuant to existing law.
Sec. 550. None of the funds appropriated or made available pursuant
to this Act shall be available to a private 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.
[[Page 112 STAT. 2681-187]]
Sec. 551. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes 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 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 exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance estimated
to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers United
States national interests.
Sec. 552. (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 percent 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 Secretary of State certifies and reports in
writing to the appropriate 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 Appropriations of the Senate and the
Committee on International Relations and the Committee on Appropriations
of the House of Representatives.
Sec. 553. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation 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 suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds
Tuesday, April 2, 2013
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