[Appendix, Budget of the United States Government, Fiscal Year 1999]
[Page 973-984]
[DOCID:1999_app_iap-12]
From the Budget of the U.S., FY 1999 Online via GPO Access
[wais.access.gpo.gov]
TITLE V--GENERAL PROVISIONS
Obligations During Last Month of Availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
Prohibition of Bilateral Funding for International Financial
Institutions
Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act
of 1961, as amended, none of the funds contained in title II of this Act
may be used to carry out the provisions of section 209(d) of the Foreign
Assistance Act of 1961.
Limitation on Residence Expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
Limitation on Expenses
Sec. 504. Of the funds appropriated or made 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.
Limitation on Representational Allowances
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.
Prohibition on Financing Nuclear Goods
Sec. 506. None of the funds appropriated or made available (other
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or technology.
Prohibition Against Direct Funding for Certain Countries
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran,
Sudan, or Syria, unless the President determines that to do so is in the
national interest of the United States: Provided, That for purposes of
this section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
Military Coups
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to any country whose duly elected head of government is
deposed by military coup or decree, unless the President determines that
to do so is in the national interest of the United States: 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.
Transfers Between Accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the 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].
Deobligation/Reobligation Authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective appropriations
under such headings or until September 30, [1998] 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
[[Page 974]]
under this Act: Provided, That the authority of this subsection may not
be used in fiscal year [1998] 1999.
Availability of Funds
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 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.
Limitation on Assistance to Countries in Default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under this
Act, unless the President determines that furnishing assistance to such
country is in the national interest of the United States: 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, the Democratic Republic of Congo, and
Liberia, and for any narcotics-related assistance for Colombia, Bolivia,
and Peru authorized by the Foreign Assistance Act of 1961 or the Arms
Export Control Act.
[Commerce and Trade]
[Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance 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--
(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.]
[Surplus Commodities]
[Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the 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.]
Notification Requirements
Sec. [515] 513. (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'', ``Development Credit Authority'',
``International organizations and programs'', ``Trade and Development
Agency'', ``International narcotics control'', ``Narcotics
Interdiction'', ``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 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, or
that waiving such requirement is in the national interest of the United
States: 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.
limitation on Availability of Funds for International Organizations and
Programs
Sec. [516] 514. Notwithstanding any other provision of law or of
this Act, none of the funds provided for ``International Organizations
and Programs'' shall be available for the United States proportionate
share, in accordance with section 307(c) of the Foreign Assistance Act
of 1961, for any programs identified in section 307, or for Libya, Iran,
or, at the discretion of the President, Communist countries listed in
section 620(f) of the Foreign Assistance Act of 1961, as amended:
Provided, That, subject to the regular notification procedures of the
Committees on 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
[[Page 975]]
because of the implementation of this section or any similar provision
of law, shall remain available for obligation through September 30,
[1999] 2000.
[Economic Support Fund Assistance for Israel]
[Sec. 517. The Congress finds that progress on the peace process in
the Middle East is vitally important to United States security interests
in the region. The Congress recognizes that, in fulfilling its
obligations under the Treaty of Peace Between the Arab Republic of Egypt
and the State of Israel, done at Washington on March 26, 1979, Israel
incurred severe economic burdens. Furthermore, the Congress recognizes
that an economically and militarily secure Israel serves the security
interests of the United States, for a secure Israel is an Israel which
has the incentive and confidence to continue pursuing the peace process.
Therefore, the Congress declares that, subject to the availability of
appropriations, it is the policy and the intention of the United States
that the funds provided in annual appropriations for the Economic
Support Fund which are allocated to Israel shall not be less than the
annual debt repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves United
States interests in the region.]
Prohibition on Funding for Abortions and Involuntary Sterilization
Sec. [518] 515. 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.
[Reporting Requirement]
[Sec. 519. Section 25 of the Arms Export Control Act is amended--
(1) in subsection (a), by striking ``Congress'' and inserting in
lieu thereof ``appropriate congressional committees'';
(2) in subsection (b), by striking ``the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs of the
House of Representatives'' and inserting in lieu thereof ``any of
the congressional committees described in subsection (e)''; and
(3) by adding the following subsection:
``(e) As used in 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.''.]
[Special Notification Requirements]
[Sec. 520. None of the funds appropriated in this Act shall be
obligated or expended for Colombia, Haiti, Liberia, Pakistan, Panama,
Peru, Serbia, Sudan, or the Democratic Republic of Congo except as
provided through the regular notification procedures of the Committees
on Appropriations.]
Definition of Program, Project, and Activity
Sec. [521] 516. 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.
Child Survival, Aids, and Other Activities
Sec. [522] 517. Up to $10,000,000 of the funds made available by
this Act for assistance for family planning, health, child survival,
basic education, and AIDS, may be used to reimburse United States
Government agencies, agencies of State governments, institutions of
higher 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 treatment
and control of acquired immune deficiency syndrome in developing
countries: Provided, That funds appropriated by this Act that are made
available for child survival activities or activities relating to
research on, and the treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further,
That funds appropriated by this Act that are made available for family
planning activities may be made available notwithstanding section 512 of
this Act and section 620(q) of the Foreign Assistance Act of 1961.
Prohibition Against Indirect Funding to Certain Countries
Sec. [523] 518. 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.
Reciprocal Leasing
Sec. [524] 519. Section 61(a) of the Arms Export Control Act is
amended by striking out [``1997''] ``1998'' and inserting in lieu
thereof [``1998''] ``1999''.
[Notification on Excess Defense Equipment]
[Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of 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.]
Excess Defense Equipment for Central European Countries
Sec. 520. Section 105 of P.L. 104-164 (110 Stat 1427) is amended by
striking ``1996 and 1997'' and inserting, ``1999 and 2000''.
[Authorization Requirement]
[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.]
Prohibition on Bilateral Assistance to Terrorist Countries
Sec. [527. (a) Notwithstanding any other provision of law, funds]
521. (a) 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. The President shall publish
each waiver in the Federal Register and, at least 15 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.
[[Page 976]]
Commercial Leasing of Defense Articles
Sec. [528] 522. 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.
[Competitive Insurance]
[Sec. 529. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.]
[Stingers in the Persian Gulf Region]
[Sec. 530. 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.]
Debt-for-Development
Sec. [531] 523. 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.
[Separate Accounts]
[Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapter 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the 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 chapter 1 or 10 of part I or chapter 4 of part
II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the equivalent
of the local currencies disbursed pursuant to subsection (a)(2)(A) from
the 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 chapter 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 provisions of this subsection shall
supersede 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.
(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 chapter 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 15 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.]
Compensation for United States Executive Directors to International
Financial Institutions
Sec. [533] 524. (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.
Compliance With United Nations Sanctions Against Iraq
Sec. [534] 525. 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
[[Page 977]]
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
Competitive Pricing for Sales of Defense Articles
Sec. [535] 526. 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.
[Extension of Authority To Obligate Funds To Close the Special Defense
Acquisition Fund]
[Sec. 536. Title III of Public Law 103-306 is amended under the
heading ``Special Defense Acquisition Fund'' by striking ``1998'' and
inserting ``2000''.]
Authorities for the Peace Corps, the Inter-American Foundation and the
African Development Foundation
Sec. [537] 527. 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 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.
Impact on Jobs in the United States
Sec. [538] 528. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) 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;
(2) assistance for the purpose of establishing or developing in
a foreign country any export processing zone or designated area in
which the tax, tariff, labor, environment, and safety laws of that
country do not apply, in part or in whole, to activities carried out
within that zone or area, unless the President determines and
certifies that such assistance is not likely to cause a loss of jobs
within the United States; or
(3) assistance for any project or activity that contributes to
the violation of internationally recognized workers rights, as
defined in section 502(a)(4) of the Trade Act of 1974, of workers in
the recipient country, including any designated zone or area in that
country: Provided, That in recognition that the application of this
subsection should be commensurate with the level of development of
the recipient country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
Special Authorities
Sec. [539] 529. (a) Funds appropriated in title II of this Act that
are made available for Afghanistan, Lebanon, programs to support
democratization, and for victims of war, displaced children, displaced
Burmese, humanitarian assistance for Romania, and humanitarian
assistance for the peoples of Bosnia and Herzegovina, Croatia, and
Kosova, may be made available notwithstanding any other provision of
law.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and energy programs aimed at reducing
emissions of greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) The Agency for International Development may employ 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.
(e) During fiscal year 1999, the President may use up to $50,000,000
under the authority of section 451 of the Foreign Assistance Act of
1961, notwithstanding the funding ceiling contained in subsection (a) of
that section.
[Policy on Terminating the Arab League Boycott of Israel]
[Sec. 540. It is the sense of the Congress that--
(1) the Arab League countries should immediately and publicly
renounce the primary boycott of Israel and the secondary and
tertiary boycott of American firms that have commercial ties with
Israel;
(2) the decision by the Arab League in 1997 to reinstate the
boycott against Israel was deeply troubling and 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.]
Anti-Narcotics Activities
Sec. [541] 530. (a) Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'', assistance may be
provided to strengthen the administration of justice in countries in
Latin America and the Caribbean and in other regions consistent with the
provisions of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of 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.
[Funds made available pursuant to subsection (a) for Bolivia, Colombia,
and Peru may be made available notwithstanding section 534(c) and the
second sentence of section 534(e) of the Foreign Assistance Act of
1961.]
Eligibility for Assistance
Sec. [542] 531. (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 the Support for East European Democracy Act
of 1989: 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: Provided
further, That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental organizations, the
President shall notify the Committees on 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
[[Page 978]]
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year [1998] 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] the government of a country that violates
internationally recognized human rights.
Earmarks
Sec. [543] 532. (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 earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
Ceilings and Earmarks
Sec. [544] 533. 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.
Prohibition on Publicity or Propaganda
Sec. [545] 534. 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 $500,000 may be made available
to carry out the provisions of section 316 of Public Law 96-533].
Purchase of American-Made Equipment and Products
Sec. [546] 535. [(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 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.]
[Prohibition of Payments to United Nations Members]
[Sec. 547. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations.]
[Consulting Services]
[Sec. 548. 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.]
[Private Voluntary Organizations-Documentation]
[Sec. 549. 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.]
[Prohibition on Assistance to Foreign Governments That Export Lethal
Military Equipment to Countries Supporting International Terrorism]
[Sec. 550. (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. 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.]
[Withholding of Assistance for Parking Fines Owed by Foreign Countries]
[Sec. 551. (a) In General.--Of the funds made available for a
foreign country under part I of the Foreign Assistance Act of 1961, an
amount equivalent to 110 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.]
[Limitation on Assistance for the PLO for the West Bank and Gaza]
[Sec. 552. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine 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 appropriated by this
[[Page 979]]
Act may not be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.]
War Crimes Tribunals Drawdown
Sec. [553] 536. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961, as amended, of up to $25,000,000 of commodities and services for
the United Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That 60 days after the date of
enactment of this Act, and every 180 days thereafter, the Secretary of
State shall submit a report to the Committees on Appropriations
describing the steps the United States Government is taking to collect
information regarding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish that
information to the United Nations War Crimes Tribunal for the former
Yugoslavia.
Landmines
Sec. [554] 537. Notwithstanding any other provision of law, demining
equipment available to the Agency for International Development and the
Department of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may be disposed of on
a grant basis in foreign countries, subject to such terms and conditions
as the President may prescribe[: Provided, That not later than 90 days
after the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit a report to the
Committees on Appropriations describing potential alternative
technologies or tactics and a plan for the development of such
alternatives to protect anti-tank mines from tampering in a manner
consistent with the ``Convention on the Prohibition, Use, Stockpiling,
Production and Transfer of Anti-personnel Mines and on Their
Destruction''].
[Restrictions Concerning the Palestinian Authority]
[Sec. 555. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should
continue to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian Authority),
have social contacts, and have incidental discussions.]
Prohibition of Payment of Certain Expenses
Sec. [556] 538. None of the funds appropriated or otherwise made
available by this Act under the heading ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities may be obligated or expended to pay
for--
(1) alcoholic beverages;
(2) food (other than food provided at a military installation)
not provided in conjunction with Informational Program trips where
students do not stay at a military installation; or
(3) entertainment expenses for activities that are substantially
of a recreational character, including entrance fees at sporting
events and amusement parks.
[Equitable Allocation of Funds]
[Sec. 557. Not more than 18 percent of the funds appropriated by
this Act to carry out the provisions of sections 103 through 106 and
chapter 4 of part II of the Foreign Assistance Act of 1961, that are
made available for Latin America and the Caribbean region may be made
available, through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country in such
region.]
Special Debt Relief for the Poorest
Sec. [558] 539. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the United
States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export
Control Act; or
(3) any obligation or portion of such obligation for a Latin
American country, 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).
(b) Limitations.--
(1) The authority provided by subsection (a) may be exercised
only to implement multilateral official debt relief and referendum
agreements, commonly referred to as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be exercised
only in such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) The authority provided by subsection (a) may be exercised
only with respect to countries with heavy debt burdens that are
eligible to borrow from the International Development Association,
but not from the International Bank for Reconstruction and
Development, commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961.
Authority To Engage in Debt Buybacks or Sales
Sec. [559] 540. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may, in
accordance with this section, sell to any eligible purchaser any
concessional loan or portion thereof made before January 1, 1995,
pursuant to the Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of that Act or on
receipt of payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal to
not less than 40 percent of the price paid for such debt by such
eligible country, or the difference between the price paid for
such debt and the face value of such debt, to support activities
that link conservation and sustainable use of natural resources
with local community development, and child survival and other
child develop-
[[Page 980]]
ment, in a manner consistent with sections 707 through 710 of
the Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of any
prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other provision
of law, the President shall, in accordance with this section,
establish the terms and conditions under which loans may be sold,
reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section 702(8)
of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 of purchasers that the
President has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or cancellation of a loan
pursuant to this section. Such agency shall make an adjustment in
its accounts to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of the
modification, as defined in section 502 of the Congressional Budget
Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt restructuring''.
[International Financial Institutions]
[Sec. 560. (a) Authorizations.--The Secretary of the Treasury may,
to fulfill commitments of the United States: (1) effect the United
States participation in the first general capital increase of the
European Bank for Reconstruction and Development, subscribe to and make
payment for 100,000 additional shares of the capital stock of the Bank
on behalf of the United States; and (2) contribute on behalf of the
United States to the eleventh replenishment of the resources of the
International Development Association, to the sixth replenishment of the
resources of the Asian Development Fund, a special fund of the Asian
Development Bank. The following amounts are authorized to be
appropriated without fiscal year limitation for payment by the Secretary
of the Treasury: (1) $285,772,500 for paid-in capital, and $984,327,500
for callable capital of the European Bank for Reconstruction and
Development; (2) $1,600,000,000 for the International Development
Association; (3) $400,000,000 for the Asian Development Fund; and (4)
$76,832,001 for paid-in capital, and $4,511,156,729 for callable capital
of the Inter-American Development Bank in connection with the eighth
general increase in the resources of that Bank. Each such subscription
or contribution shall be subject to obtaining the necessary
appropriations.]
[(b) Consideration of Environmental Impact of International Finance
Corporation Loans.--Section 1307 of the International Financial
Institutions Act (Public Law 95-118) is amended as follows:
(1) in subsection (a)(1)(A) strike ``borrowing country'' and
insert in lieu thereof ``borrower'';
(2) in subsection (a)(2)(A) strike ``country''; and
(3) at the end of section 1307, add a new subsection as follows:
``(g) For purposes of this section, the term `multilateral
development bank' means any of the institutions named in section
1303(b) of this Act, and the International Finance Corporation.''.]
[(c) The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction and
Development and the International Development Association to use the
voice and vote of the United States to strongly encourage their
respective institutions to--
(1) provide timely public information on procurement
opportunities available to United States suppliers, with a special
emphasis on small business; and
(2) systematically consult with local communities on the
potential impact of loans as part of the normal lending process, and
expand the participation of affected peoples and nongovernmental
organizations in decisions on the selection, design and
implementation of policies and projects.]
Sanctions Against Countries Harboring War Criminals
Sec. [561] 541. (a) Bilateral Assistance.--The President is
authorized to withhold funds appropriated by this Act under the Foreign
Assistance Act of 1961 or the Arms Export Control Act for any country
described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury should
instruct the United States executive directors of the international
financial institutions to work in opposition to, and vote against, any
extension by such institutions of financing or financial or technical
assistance to any country described in subsection (c).
(c) Sanctioned Countries.--A country described in this subsection is
a country the government of which knowingly grants sanctuary to persons
in its territory for the purpose of evading prosecution, where such
persons--
(1) have been indicted by the International Criminal Tribunal
for Rwanda, the International Criminal Tribunal for the former
Yugoslavia, or any other international tribunal with similar
standing under international law; or
(2) have been indicted for war crimes or crimes against humanity
committed during the period beginning March 23, 1933 and ending on
May 8, 1945 under the direction of, or in association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
(C) any government which was established with the assistance
or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.
[Limitation on Assistance for Haiti]
[Sec. 562. (a) Limitation.--None of the funds appropriated or
otherwise made available by this Act may be provided to the Government
of Haiti unless the President reports to Congress that the Government of
Haiti--
(1) is conducting thorough investigations of extrajudicial and
political killings;
(2) is cooperating with United States authorities in the
investigations of political and extrajudicial killings;
(3) has substantially completed privatization of (or placed
under long-term private management or concession) at least three
major public enterprises; and
(4) has taken action to remove from the Haitian National Police,
national palace and residential guard, ministerial guard, and any
other public security entity of Haiti those individuals who are
credibly alleged to have engaged in or conspired to conceal gross
violations of internationally recognized human rights.]
[(b) Exceptions.--The limitation in subsection (a) does not apply to
the provision of humanitarian, electoral, counter-narcotics, or law
enforcement assistance.]
[(c) Waiver.--The President may waive the requirements of this
section on a semiannual basis if the President determines and certifies
to the appropriate committees of Congress that such waiver is in the
national interest of the United States.]
[(d) Parastatals Defined.--As used in this section, the term
``parastatal'' means a government-owned enterprise.]
[Requirement for Disclosure of Foreign Aid in Report of Secretary of
State]
[Sec. 563. (a) Foreign Aid Reporting Requirement.--In addition to
the voting practices of a foreign country, the report required to be
submitted to Congress under section 406(a) of the Foreign Relations
Authorization Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall
include a side-by-side comparison of individual countries' overall
support for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal year 1997.]
[(b) United States Assistance.--For purposes of this section, the term
``United States assistance'' has the meaning given the term in section
481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).]
[[Page 981]]
[Restrictions on Voluntary Contributions to United Nations Agencies]
[Sec. 564. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated or otherwise made available by
this Act may be made available to pay any voluntary contribution of the
United States to the United Nations (including the United Nations
Development Program) if the United Nations implements or imposes any
taxation on any United States persons.]
[(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated or otherwise made available under this Act may be
made available to pay any voluntary contribution of the United States to
the United Nations (including the United Nations Development Program)
unless the President certifies to the Congress 15 days in advance of
such payment that the United Nations is not engaged in any effort to
implement or impose any taxation on United States persons in order to
raise revenue for the United Nations or any of its specialized
agencies.]
[(c) Definitions.--As used in this section the term ``United States
person'' refers to--
(1) a natural person who is a citizen or national of the United
States; or
(2) a corporation, partnership, or other legal entity organized
under the United States or any State, territory, possession, or
district of the United States.]
[Assistance to Turkey]
[Sec. 565. (a) Not more than $40,000,000 of the funds appropriated
in this Act under the heading ``Economic Support Fund'' may be made
available for Turkey.]
[(b) Of the funds made available under the heading ``Economic
Support Fund'' for Turkey, not less than 50 percent of these funds shall
be made available for the purpose of supporting private nongovernmental
organizations engaged in strengthening democratic institutions in
Turkey, providing economic assistance for individuals and communities
affected by civil unrest, and supporting and promoting peaceful
solutions and economic development which will contribute to the
settlement of regional problems in Turkey.]
Limitation on Assistance to the Palestinian Authority or the Palestinian
Liberation Organization
Sec. [566] 542. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority or
the Palestinian Liberation Organization.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) 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.
[Limitation on Assistance to the Government of Croatia]
[Sec. 567. None of the funds appropriated or otherwise made
available by title II of this Act may be made available to the
Government of Croatia to relocate the remains of Croatian Ustashe
soldiers, at the site of the World War II concentration camp at
Jasenovac, Croatia.]
[Burma Labor Report]
[Sec. 568. Not later than 120 days after enactment of this Act, the
Secretary of Labor in consultation with the Secretary of State shall
provide to the Committees on Appropriations a report addressing labor
practices in Burma.]
Haiti
Sec. [569] 543. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the civilian-led Haitian National Police
and Coast Guard: Provided, That the authority provided by this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
[Limitation on Assistance to Security Forces]
[Sec. 570. None of the funds made available by this Act may be
provided to any unit of the security forces of a foreign country if the
Secretary of State has credible evidence that such unit has committed
gross violations of human rights, unless the Secretary determines and
reports to the Committees on Appropriations that the government of such
country is taking effective measures to bring the responsible members of
the security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by this Act
from any unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights: Provided
further, That in the event that funds are withheld from any unit
pursuant to this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and shall, to the
maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security
forces to justice.]
[Limitations on Transfer of Military Equipment to East Timor]
[Sec. 571. In any agreement for the sale, transfer, or licensing of
any lethal equipment or helicopter for Indonesia entered into by the
United States pursuant to the authority of this Act or any other Act,
the agreement shall state that the United States expects that the items
will not be used in East Timor: Provided, That nothing in this section
shall be construed to limit Indonesia's inherent right to legitimate
national self-defense as recognized under the United Nations Charter and
international law.]
[Transparency of Budgets]
[Sec. 572. (a) Section 576(a)(1) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as contained
in Public Law 104-208, is amended to read as follows:
``(1) does not have in place a functioning system for reporting
to civilian authorities audits of receipts and expenditures that
fund activities of the armed forces and security forces;''. (b)
Section 576(a)(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997, as contained in Public
Law 104-208, is amended to read as follows:
``(2) has not provided to the institution information about the
audit process requested by the institution.''.]
[Restrictions on Assistance to Countries Providing Sanctuary to Indicted
War Criminals]
[Sec. 573. (a) Bilateral Assistance.--None of the funds made
available by this or any prior Act making appropriations for foreign
operations, export financing and related programs, may be provided for
any country, entity or canton described in subsection (d).]
[(b) Multilateral Assistance.--
(1) Prohibition.--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 any country or entity described
in subsection (d).
(2) Notification.--Not less than 15 days before any vote in an
international financial institution regarding the extension of
financial or technical assistance or grants to any country or entity
described in subsection (d), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to the
Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee
on Banking and Financial Services of the House of Representatives a
written justification for the proposed assistance, including an
explanation of the United States position regarding any such vote,
as well as a description of the location of the proposed assistance
by municipality, its purpose, and its intended beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and the
European Bank for Reconstruction and Development.]
[(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a) and
(b) shall not apply to the provision of--
(A) humanitarian assistance;
[[Page 982]]
(B) democratization assistance;
(C) assistance for cross border physical infrastructure
projects involving activities in both a sanctioned country,
entity, or canton and a nonsanctioned contiguous country,
entity, or canton, if the project is primarily located in and
primarily benefits the nonsanctioned country, entity, or canton
and if the portion of the project located in the sanctioned
country, entity, or canton is necessary only to complete the
project;
(D) small-scale assistance projects or activities requested
by United States Armed Forces that promote good relations
between such forces and the officials and citizens of the areas
in the United States SFOR sector of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial institutions to a
country or entity to support common monetary and fiscal policies
at the national level as contemplated by the Dayton Agreement;
or
(G) direct lending to a non-sanctioned entity, or lending
passed on by the national government to a non-sanctioned entity.
(2) Further limitations.--Notwithstanding paragraph (1)--
(A) no assistance may be made available by this Act, or any
prior Act making appropriations for foreign operations, export
financing and related programs, in any country, entity, or
canton described in subsection (d), for a program, project, or
activity in which a publicly indicted war criminal is known to
have any financial or material interest; and
(B) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by this
Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in a community within any country,
entity or canton described in subsection (d) if competent
authorities within that community are not complying with the
provisions of Article IX and Annex 4, Article II, paragraph 8 of
the Dayton Agreement relating to war crimes and the Tribunal.]
[(d) Sanctioned Country, Entity, or Canton.--A sanctioned country,
entity, or canton described in this section is one whose competent
authorities have failed, as determined by the Secretary of State, to
take necessary and significant steps to apprehend and transfer to the
Tribunal all persons who have been publicly indicted by the Tribunal.]
[(e) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect to
specified bilateral programs or international financial institution
projects or programs in a sanctioned country, entity, or canton upon
providing a written determination to the Committee on Appropriations
and the Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on International
Relations of the House of Representatives that such assistance
directly supports the implementation of the Dayton Agreement and its
Annexes, which include the obligation to apprehend and transfer
indicted war criminals to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (e)(1), the Secretary of State
shall submit a report to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of the
House of Representatives regarding the status of efforts to secure
the voluntary surrender or apprehension and transfer of persons
indicted by the Tribunal, in accordance with the Dayton Agreement,
and outlining obstacles to achieving this goal.
(3) Assistance programs and projects affected.--Any waiver made
pursuant to this subsection shall be effective only with respect to
a specified bilateral program or multilateral assistance project or
program identified in the determination of the Secretary of State to
Congress.]
[(f) Termination of Sanctions.--The sanctions imposed pursuant to
subsections (a) and (b) with respect to a country or entity shall cease
to apply only if the Secretary of State determines and certifies to
Congress that the authorities of that country, entity, or canton have
apprehended and transferred to the Tribunal all persons who have been
publicly indicted by the Tribunal.]
[(g) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-Herzegovina,
Croatia, and Serbia-Montenegro (Federal Republic of Yugoslavia).
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina and the Republika Srpska.
(3) Canton.--The term ``canton'' means the administrative units
in Bosnia and Herzegovina.
(4) Dayton agreement.--The term ``Dayton Agreement'' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November 10
through 16, 1995.
(5) Tribunal.--The term ``Tribunal'' means the International
Criminal Tribunal for the Former Yugoslavia.]
[(h) Role of Human Rights Organizations and Government Agencies.--In
carrying out this subsection, the Secretary of State, the Administrator
of the Agency for International Development, and the executive directors
of the international financial institutions shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent publicly indicted war
criminals from benefitting from any financial or technical assistance or
grants provided to any country or entity described in subsection (d).]
[Extension of Certain Adjudication Provisions]
[Sec. 574. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1997'' and
inserting ``1997, and 1998''; and
(B) in subsection (e), by striking ``October 1, 1997'' each
place it appears and inserting ``October 1, 1998''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
by striking ``September 30, 1997'' and inserting ``September 30,
1998''.]
Additional Requirements Relating to Stockpiling of Defense articles for
Foreign Countries
Sec. [575] 544. (a) Value of Additions to Stockpiles.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by inserting before the period at the end the
following: ``and [$60,000,000 for fiscal year 1998''] $340,000,000 for
fiscal year 1999''.
(b) Requirements Relating to the Republic of Korea and Thailand.--
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended
by adding at the end the following: ``Of the amount specified in
subparagraph (A) for fiscal year [1998, not more than $40,000,000] 1999,
not more than $320,000,000 may be made available for stockpiles in the
Republic of Korea and not more than $20,000,000 may be made available
for stockpiles in Thailand.''.
[Delivery of Drawdown by Commercial Transportation Services]
[Sec. 576. Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318) is amended--
(1) in subsection (b)(2), by striking the period and inserting
the following: ``, including providing the Congress with a report
detailing all defense articles, defense services, and military
education and training delivered to the recipient country or
international organization upon delivery of such articles or upon
completion of such services or education and training. Such report
shall also include whether any savings were realized by utilizing
commercial transport services rather than acquiring those services
from United States Government transport assets.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) For the purposes of any provision of law that
authorizes the drawdown of defense or other articles or
commodities, or defense or other services from an agency of the
United States Government, such drawdown may include the supply
of commercial transportation and related services that are
acquired by contract for the purposes of the drawdown in
question if the cost to acquire such commercial transportation
and related services is less than the cost to the United States
Government of providing such services from existing agency
assets.''.]
[To Prohibit Foreign Assistance to the Government of Russia Should It
Implement Laws Which Would Discriminate Against Minority Religious
Faiths in the Russian Federation]
[Sec. 577. (a) None of the funds appropriated under this Act may be
made available for the Government of the Russian Federation
[[Page 983]]
unless within 30 days of the date this section becomes effective the
President determines and certifies in writing to the Committees on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives
that the Government of the Russian Federation has implemented no
statute, executive order, regulation or similar government action that
would discriminate, or would have as its principal effect
discrimination, against religious groups or religious communities in the
Russian Federation in violation of accepted international agreements on
human rights and religious freedoms to which the Russian Federation is a
party.]
[(b) This section shall become effective 150 days after the
enactment of this Act.]
[United States Policy Regarding Support for Countries of the South
Caucasus and Central Asia]
[Sec. 578. (a) Findings.--Congress makes the following findings:
(1) The ancient Silk Road, once the economic lifeline of Central
Asia and the South Caucasus, traversed much of the territory now
within the countries of Armenia, Azerbaijan, Georgia, Kazakstan,
Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
(2) Economic interdependence spurred mutual cooperation among
the peoples along the Silk Road and restoration of the historic
relationships and economic ties between those peoples is an
important element of ensuring their sovereignty as well as the
success of democratic and market reforms.
(3) The development of strong political and economic ties
between countries of the South Caucasus and Central Asia and the
West will foster stability in the region.
(4) The development of open market economies and open democratic
systems in the countries of the South Caucasus and Central Asia will
provide positive incentives for international private investment,
increased trade, and other forms of commercial interactions with the
rest of the world.
(5) The Caspian Sea Basin, overlapping the territory of the
countries of the South Caucasus and Central Asia, contains proven
oil and gas reserves that may exceed $4,000,000,000,000 in value.
(6) The region of the South Caucasus and Central Asia will
produce oil and gas in sufficient quantities to reduce the
dependence of the United States on energy from the volatile Persian
Gulf region.
(7) United States foreign policy and international assistance
should be narrowly targeted to support the economic and political
independence of the countries of the South Caucasus and Central
Asia.]
[(b) General.--The policy of the United States in the countries of
the South Caucasus and Central Asia should be--
(1) to promote sovereignty and independence with democratic
government;
(2) to assist actively in the resolution of regional conflicts;
(3) to promote friendly relations and economic cooperation;
(4) to help promote market-oriented principles and practices;
(5) to assist in the development of infrastructure necessary for
communications, transportation, and energy and trade on an East-West
axis in order to build strong international relations and commerce
between those countries and the stable, democratic, and market-
oriented countries of the Euro-Atlantic Community; and
(6) to support United States business interests and investments
in the region.]
[(c) Definition.--In this section, the term ``countries of the South
Caucasus and Central Asia'' means Armenia, Azerbaijan, Georgia,
Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan.]
Pakistan
[Sec. 579. (a) OPIC.--Section 239(f) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2199(f)) is amended by inserting ``, or Pakistan''
after ``China''.]
[(b) Trade and Development.--It is the sense of Congress that the
Director of the Trade and Development Agency should use funds made
available to carry out the provisions of section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421) to promote United States exports
to Pakistan.]
Sec. 545. Section 638(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2398(b)) is amended (1) by inserting ``or any activity to promote
the development of democratic institutions'' after ``activity''; and (2)
by inserting ``, Pakistan,'' after ``Brazil''.
[Requirements for the Reporting to Congress of the Costs to the Federal
Government Associated with the Proposed Agreement to Reduce Greenhouse
Gas Emissions]
[Sec. 580. The President shall provide to the Congress a detailed
account of all Federal agency obligations and expenditures for climate
change programs and activities, domestic and international, for fiscal
year 1997, planned obligations for such activities in fiscal year 1998,
and any plan for programs thereafter in the context of negotiations to
amend the Framework Convention on Climate Change (FCCC) to be provided
to the appropriate congressional committees no later than November 15,
1997.]
[Authority To Issue Insurance and Extend Financing]
[Sec. 581. (a) In General.--Section 235(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2195(a)) is amended--
(1) by striking paragraphs (1) and (2)(A) and inserting the
following:
``(1) Insurance and financing.--(A) The maximum contingent
liability outstanding at any one time pursuant to insurance
issued under section 234(a), and the amount of financing issued
under sections 234(b) and (c), shall not exceed in the aggregate
$29,000,000,000.'';
(2) by redesignating paragraph (3) as paragraph (2); and
(3) by amending paragraph (2) (as so redesignated) by striking
``September 30, 1997'' and inserting ``September 30, 1999''.]
[(b) Conforming Amendment.--Paragraph (2) of section 235(a) of that
Act (22 U.S.C. 2195(a)), as redesignated by subsection (a), is further
amended by striking ``(a) and (b)'' and inserting ``(a), (b), and
(c)''.]
Withholding Assistance to Countries Violating United Nations Sanctions
Against Libya
Sec. [582. (a)] 546. Withholding of Assistance.--Except as provided
in subsection (b), whenever the President determines and certifies to
Congress that the government of any country is violating any sanction
against Libya imposed pursuant to United Nations Security Council
Resolution 731, 748, or 883, then not less than 5 percent of the funds
allocated for the country under section 653(a) of the Foreign Assistance
Act of 1961 out of appropriations in this Act shall be withheld from
obligation and expenditure for that country.
(b) Exception.--The requirement to withhold funds under subsection
(a) shall not apply to funds appropriated in this Act for allocation
under section 653(a) of the Foreign Assistance Act of 1961 for
development assistance or for humanitarian assistance.
(c) Waiver.--Funds may be provided for a country without regard to
subsection (a) if the President determines that to do so is in the
national security interest of the United States.
[War Crimes Prosecution]
[Sec. 583. Section 2401 of title 18, United States Code (Public Law
104-192; the War Crimes Act of 1996) is amended as follows--
(1) in subsection (a), by striking ``grave breach of the Geneva
Conventions'' and inserting ``war crime'';
(2) in subsection (b), by striking ``breach'' each place it
appears and inserting ``war crime''; and
(3) so that subsection (c) reads as follows:
``(c) Definition.--As used in this section the term `war crime'
means any conduct--
``(1) defined as a grave breach in any of the international
conventions signed at Geneva 12 August 1949, or any protocol to such
convention to which the United States is a party;
``(2) prohibited by Article 23, 25, 27, or 28 of the Annex to
the Hague Convention IV, Respecting the Laws and Customs of War on
Land, signed 18 October 1907;
``(3) which constitutes a violation of common Article 3 of the
international conventions signed at Geneva, 12 August 1949, or any
protocol to such convention to which the United States is a party
and which deals with non-international armed conflict; or
``(4) of a person who, in relation to an armed conflict and
contrary to the provisions of the Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-Traps and Other Devices as
amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May
1996), when the United States is a party to such Protocol, willfully
kills or causes serious injury to civilians.''.]
[[Page 984]]
[International Military Education and Training Programs for Latin
America]
[Sec. 584. (a) Expanded IMET.--The Secretary of Defense, in
consultation with the Secretary of State, should make every effort to
ensure that approximately 30 percent of the funds appropriated in this
Act for ``International Military Education and Training'' for the cost
of Latin American participants in IMET programs will be disbursed for
the purpose of supporting enrollment of such participants in expanded
IMET courses.]
[(b) Civilian Participation.--The Secretary of State, in
consultation with the Secretary of Defense, should identify sufficient
numbers of qualified, non-military personnel from countries in Latin
America so that approximately 25 percent of the total number of
individuals from Latin American countries attending United States
supported IMET programs and the Center for Hemispheric Defense Studies
at the National Defense University are civilians.]
[(c) Report.--Not later than twelve months after the date of
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall report in writing to the appropriate
committees of the Congress on the progress made to improve military
training of Latin American participants in the areas of human rights and
civilian control of the military. The Secretary shall include in the
report plans for implementing additional expanded IMET programs for
Latin America during the next three fiscal years.]
[Aid to the Government of the Democratic Republic of Congo]
[Sec. 585. None of the funds appropriated or otherwise made
available by this Act may be provided to the central Government of the
Democratic Republic of Congo until such time as the President reports in
writing to the Congress that the central Government of the Democratic
Republic of Congo is cooperating fully with investigators from the
United Nations in accounting for human rights violations committed in
the Democratic Republic of Congo or adjacent countries.]
[Assistance for the Middle East]
[Sec. 586. Of the funds appropriated by this Act under the headings
``Economic Support Fund'', ``Foreign Military Financing'',
``International Military Education and Training'', ``Peacekeeping
Operations'', for refugees resettling in Israel under the heading
``Migration and Refugee Assistance'', and for assistance for Israel to
carry out provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 under the heading ``Nonproliferation, Anti-Terrorism,
Demining, and Related Programs'', not more than a total of
$5,402,850,000 may be made available for Israel, Egypt, Jordan, Lebanon,
the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the
Multinational Force and Observers, the Middle East Regional Democracy
Fund, Middle East Regional Cooperation, and Middle East Multilateral
Working Groups: Provided, That any funds that were appropriated under
such headings in prior fiscal years and that were at the time of
enactment of this Act obligated or allocated for other recipients may
not during fiscal year 1998 be made available for activities that, if
funded under this Act, would be required to count against this ceiling:
Provided further, That funds may be made available notwithstanding the
requirements of this section if the President determines and certifies
to the Committees on Appropriations that it is important to the national
security interest of the United States to do so and any such additional
funds shall only be provided through the regular notification procedures
of the Committees on Appropriations.]
[Agriculture]
[Sec. 587. The first proviso of subsection (k) under the heading
``Assistance for the New Independent States of the Former Soviet Union''
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997, as contained in Public Law 104-208, is amended
by striking ``not less than'' and inserting in lieu thereof ``up to''.]
[Enterprise Fund Restrictions]
[Sec. 588. Section 201(l) of the Support for East European Democracy
Act (22 U.S.C. 5421(l)) is amended to read as follows:
``(l) Limitation on Payments to Enterprise Fund Personnel.--
``(1) No part of the funds of an Enterprise Fund shall inure to
the benefit of any board member, officer, or employee of such
Enterprise Fund, except as salary or reasonable compensation for
services subject to paragraph (2).
``(2) An Enterprise Fund shall not pay compensation for services
to--
``(A) any board member of the Enterprise Fund, except for
services as a board member; or
``(B) any firm, association, or entity in which a board
member of the Enterprise Fund serves as partner, director,
officer, or employee.
``(3) Nothing in paragraph (2) shall preclude payment for
services performed before the date of enactment of this subsection
nor for arrangements approved by the grantor and notified in writing
to the Committees on Appropriations.''.]
[Cambodia]
[Sec. 589. The Secretary of the Treasury should instruct the United
States executive directors of the international financial institutions
to use the voice and vote of the United States to oppose loans to the
Government of Cambodia, except loans to support basic human needs.]
Export Financing Transfer Authorities
Sec. [590] 547. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year [1998]
1999 for programs under title I of this Act may be transferred between
such appropriations for use for any of the purposes, programs and
activities for which the funds in such receiving account may be used,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
[Development Credit Authority]
[Sec. 591. For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans and loan guarantees in
support of the development objectives of the Foreign Assistance Act of
1961, up to $7,500,000, which amount may be derived by transfer from
funds appropriated by this Act to carry out part I of the Foreign
Assistance Act of 1961 and funds appropriated by this Act under the
heading ``Assistance for Eastern Europe and the Baltic States'', to
remain available until expended: Provided, That up to $500,000 of the
funds appropriated by this Act under the heading ``Operating Expenses of
the Agency for International Development'' may be made available for
administrative expenses to carry out such programs: Provided further,
That the provisions of section 107A(d) (relating to general provisions
applicable to development credit authority) of the Foreign Assistance
Act of 1961, as added by section 306 of H.R. 1486 as reported by the
House Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under this
paragraph: Provided further, That direct loans or loan guarantees under
this paragraph may not be provided until the Director of the Office of
Management and Budget has certified to the Committees on Appropriations
that the Agency for International Development has established a credit
management system capable of effectively managing the credit programs
funded under this heading, including that such system: (1) can provide
accurate and timely provision of loan and loan guarantee data; (2)
contains information control systems for loan and loan guarantee data;
(3) is adequately staffed; and (4) contains appropriate review and
monitoring procedures.]
[Authorization for Population Planning]
[Sec. 592. (a) Not to exceed $385,000,000 of the funds appropriated
in title II of this Act may be available for population planning
activities or other population assistance.]
[(b) Such funds may be apportioned only on a monthly basis, and such
monthly apportionments may not exceed 8.34 percent of the total
available for such activities.]
(Foreign Operations, Export Financing, and Related Programs
Appropriation Act, 1998.)