[105th Congress Public Law 118]
[From the U.S. Government Printing Office]
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[DOCID: f:publ118.105]
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FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 2386]]
Public Law 105-118
105th Congress
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 1998, and for
other purposes. <<NOTE: Nov. 26, 1997 - [H.R. 2159]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998.>> assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1998, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $683,000,000 to remain available until September 30,
2001: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2013 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1998 and 1999:
Provided further, That up to $50,000,000 of funds appropriated by this
paragraph shall remain available until expended and may be used for
tied-aid grant purposes: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, or related programs for tied-aid
credits
[[Page 111 STAT. 2387]]
or grants may be used for any other purpose except through the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945,
in connection with the purchase or lease of any product by any East
European country, any Baltic State, or any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $20,000 for official reception and
representation expenses for members of the Board of Directors,
$48,614,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys owed
the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative expenses
for the purposes of this <<NOTE: Termination date. 12 USC 635a note.>>
heading: Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection (a)
thereof shall remain in effect until October 1, 1998.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $32,000,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $60,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years
[[Page 111 STAT. 2388]]
1998 and 1999: Provided further, That such sums shall remain available
through fiscal year 2006 for the disbursement of direct and guaranteed
loans obligated in fiscal year 1998, and through fiscal year 2007 for
the disbursement of direct and guaranteed loans obligated in fiscal year
1999: Provided further, That in addition, such sums as may be necessary
for administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to carry out
the credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $41,500,000, to remain available
until September 30, 1999: Provided, That the Trade and Development
Agency may receive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other project
planning services, to be deposited as an offsetting collection to this
account and to be available for obligation until September 30, 1999, for
necessary expenses under this paragraph: Provided further, That such
reimbursements shall not cover, or be allocated against, direct or
indirect administrative costs of the agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1998, unless otherwise
specified herein, as follows:
agency for international development
child survival and disease programs fund
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
basic education, assistance to combat tropical and other diseases, and
related activities, in addition to funds otherwise available for such
purposes, $650,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and
nutrition programs, and related education programs, which address the
needs of mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs for the
prevention, treatment, and control of, and research on, tuberculosis,
HIV/AIDS, polio, malaria and other diseases; (7) up to $98,000,000 for
basic education programs for children; and (8) a contribution on a grant
basis to the United Nations Children's Fund (UNICEF) pursuant to section
301 of the Foreign Assistance Act of 1961.
[[Page 111 STAT. 2389]]
agency for international development
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of sections 103
through 106 and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the
Foreign Assistance Act of 1969, $1,210,000,000, to remain available
until September 30, 1999: Provided, That of the amount appropriated
under this heading, up to $22,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
agency: Provided further, That of the amount appropriated under this
heading, up to $14,000,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of
the United States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided
further, That none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions; and
that in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or information
about access to, a broad range of family planning methods and services:
Provided further, That in awarding grants for natural family planning
under section 104 of the Foreign Assistance Act of 1961 no applicant
shall be discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or any
other Act authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of funds
previously appropriated under this heading, not to exceed $2,500,000
shall be transferred to ``International Organizations and Programs'' for
a contribution to the International Fund for Agricultural Development
(IFAD), and that any such transfer of funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this heading that
are made available for assistance programs for displaced and orphaned
children and victims of war, not to exceed $25,000, in addition to funds
otherwise available for such purposes, may be used to monitor and
provide oversight of such programs: Provided further, That
[[Page 111 STAT. 2390]]
none of the funds made available under this heading may be used for any
activity which is in contravention to the Convention on International
Trade in Endangered Species of Flora and Fauna (CITES).
private and voluntary organizations
None <<NOTE: 22 USC 2151u note.>> of the funds appropriated or
otherwise made available by this Act for development assistance may be
made available to any United States private and voluntary organization,
except any cooperative development organization, which obtains less than
20 percent of its total annual funding for international activities from
sources other than the United States Government: Provided, That the
requirements of the provisions of section 123(g) of the Foreign
Assistance Act of 1961 and the provisions on private and voluntary
organizations in title II of the Foreign Assistance and Related Programs
Appropriations Act, 1985 (as enacted in Public Law 98-473) shall be
superseded by the provisions of this section, except that the authority
contained in the last sentence of section 123(g) may be exercised by the
Administrator with regard to the requirements of this paragraph.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is at least equivalent to the level provided in fiscal
year 1995. Such private and voluntary organizations shall include those
which operate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful providers of
development assistance.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
burma
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $5,000,000
shall be made available to support activities in Burma, along the Burma-
Thailand border, and for activities of Burmese student groups and other
organizations located outside Burma: Provided, That funds made available
for Burma related activities under this heading may be made available
notwithstanding any other provision of law: Provided further, That
provision of such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
cambodia
None of the funds appropriated in this Act may be made available for
the Government of Cambodia: Provided, That the restrictions under this
heading shall not apply to humanitarian, demining or election-related
programs or activities: Provided further, That
[[Page 111 STAT. 2391]]
such funds shall be subject to the regular notification procedures of
the Committees on <<NOTE: President. Reports.>> Appropriations:
Provided further, That 30 days after enactment of this Act, the
President shall report to the Committees on Appropriations on the
results of the FBI investigation into the bombing attack in Phnom Penh
on March 30, 1997.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $190,000,000, to remain
available until expended.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts, through debt buybacks and swaps, owed to the United
States as a result of concessional loans made to eligible Latin American
and Caribbean countries, pursuant to part IV of the Foreign Assistance
Act of 1961; of modifying concessional loans extended to least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended; and of modifying any
obligation, or portion of such obligation for Latin American countries
to pay for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f ) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as amended, section
4(b) of the Food for Peace Act of 1966, as amended (Public Law 89-808),
or section 202 of the Agricultural Trade Act of 1978, as amended (Public
Law 95-501); $27,000,000, to remain available until expended: Provided,
That not to exceed $1,500,000 of such funds may be used for
implementation of improvements in the foreign credit reporting system of
the United States Government.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That guarantees
of loans made under this heading in support of microenterprise
activities may guarantee up to 70 percent of the principal amount of any
such loans notwithstanding section 108 of the Foreign Assistance Act of
1961. In addition, for administrative expenses to carry out programs
under this heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds made available
under this heading shall remain available until September 30, 1999.
[[Page 111 STAT. 2392]]
urban and environmental credit program account
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, including the cost of guaranteed
loans designed to promote the urban and environmental policies and
objectives of part I of such Act, $3,000,000, to remain available until
September 30, 1999: Provided, That these funds are available to
subsidize loan principal, 100 percent of which shall be guaranteed,
pursuant to the authority of such sections. In addition, for
administrative expenses to carry out guaranteed loan programs,
$6,000,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That commitments to guarantee loans under
this heading may be entered into notwithstanding the second and third
sentences of section 222(a) and, with regard to programs for Central and
Eastern Europe and programs for the benefit of South Africans
disadvantaged by apartheid, section 223( j) of the Foreign Assistance
Act of 1961.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,208,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$473,000,000: Provided, That none of the funds appropriated by this Act
for programs administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports or studies) in excess of
$25,000 without the approval of the Administrator of the Agency or the
Administrator's designee.
operating expenses of the agency for international development office of
inspector general
For necessary expenses to carry out the provisions of section 667,
$29,047,000, to remain available until September 30, 1999, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,400,000,000, to remain available until September 30, 1999:
Provided, That of the funds appropriated under this heading, not less
than $1,200,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within 30 days of enactment of this Act or by October 31, 1997,
whichever is later: Provided further, That not less than $815,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum
[[Page 111 STAT. 2393]]
cash transfer assistance may be provided, with the understanding that
Egypt will undertake significant economic reforms which are additional
to those which were undertaken in previous fiscal years: Provided
further, That <<NOTE: President.>> in exercising the authority to
provide cash transfer assistance for Israel, the President shall ensure
that the level of such assistance does not cause an adverse impact on
the total level of nonmilitary exports from the United States to such
country: Provided further, That of the funds appropriated under this
heading, not less than $150,000,000 shall be made available for Jordan:
Provided further, That of the funds made available under this heading in
previous Acts making appropriations for foreign operations, export
financing, and related programs, notwithstanding any provision in any
such heading in such previous Acts, up to $116,000,000 may be allocated
or made available for programs and activities under this heading
including the Middle East Peace and Stability Fund: Provided further,
That in carrying out the previous proviso, the President should seek to
ensure to the extent feasible that not more than 1 percent of the amount
specified in section 586 of this Act should be derived from funds that
would otherwise be made available for any single country: Provided
further, That funds provided for the Middle East Peace and Stability
Fund by a country in the region under the authority of section 635(d) of
the Foreign Assistance Act of 1961, and funds made available for Jordan
following the date of enactment of this Act from previous Acts making
appropriations for foreign operations, export financing, and related
programs, shall count toward meeting the earmark contained in the fourth
proviso under this heading: Provided further, That up to $10,000,000 of
funds under this heading in previous foreign operations, export
financing, and related programs appropriations Acts that were
reprogrammed for Jordan during fiscal year 1997 shall also count toward
such earmark: Provided further, That, in order to facilitate the
implementation of the fourth proviso under this heading, the requirement
of section 515 of this Act or any similar provision of law shall not
apply to the making available of funds appropriated for a fiscal year
for programs, projects, or activities that were justified for another
fiscal year: Provided further, That for fiscal year 1998 such portions
of the notification required under section 653 of the Foreign Assistance
Act of 1961 that relate to the Middle East may be submitted to the
Congress as soon as practicable, but no later than March 1, 1998:
Provided further, That during fiscal year 1998, of the local currencies
generated from funds made available under this heading for Guatemala by
this Act and prior appropriations Acts, the United States and Guatemala
may jointly program the Guatemala quetzales equivalent of a total of up
to $10,000,000 for the purpose of retiring the debt owed by universities
in Guatemala to the Inter-American Development Bank.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds
[[Page 111 STAT. 2394]]
made available under this heading shall remain available until September
30, 1999.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $485,000,000, to remain available until
September 30, 1999, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related programs for
Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(d) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(e) With regard to funds appropriated or otherwise made available
under this heading for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds (including the
conversion of funds appropriated under this heading into currency used
by Bosnia and Herzegovina as local currency and local currency returned
or repaid under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned
or repaid to any lending facility or grantee; and
(2) the <<NOTE: Applicability.>> provisions of section 532
of this Act shall apply.
(f ) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs
in Bosnia and Herzegovina, if he determines and certifies to the
Committees on Appropriations that the Federation of Bosnia and
Herzegovina has not complied with article III of annex 1-A of the
General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
Iranian officials and Bosnian officials has not been terminated.
(g) Not to exceed $200,000,000 of the funds appropriated under this
heading may be made available for Bosnia and Herzegovina exclusive of
assistance for police training.
(h) Not to exceed $7,000,000 of the funds made available for Bosnia
and Herzegovina may be made available for the cost, as
[[Page 111 STAT. 2395]]
defined in section 502 of the Congressional Budget Act of 1974, of
modifying direct loans and loan guarantees for said country.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapter 11
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the new independent states of the former Soviet
Union and for related programs, $770,000,000, to remain available until
September <<NOTE: Applicability.>> 30, 1999: Provided, That the
provisions of such chapter shall apply to funds appropriated by this
paragraph.
(b) None of the funds appropriated under this heading shall be made
available to the Government of Russia--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and equitable
treatment of foreign private investment;
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures; and
(3) funds may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(c) None <<NOTE: 22 USC 5814 note.>> of the funds appropriated
under this heading shall be made available to any government of the new
independent states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other new independent state, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States: Provided further, That the restriction of
this subsection shall not apply to the use of such funds for the
provision of assistance for purposes of humanitarian and refugee relief.
(d) None of the funds appropriated under this heading for the new
independent states of the former Soviet Union shall be made available
for any state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization, demining, or
nonproliferation programs.
(e) Funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
(f ) Funds made available in this Act for assistance to the new
independent states of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(g) Funds appropriated under title II of this Act, including funds
appropriated under this heading, may be made available for assistance
for Mongolia: Provided, That funds made available for assistance for
Mongolia may be made available in accordance with the purposes and
utilizing the authorities provided in chapter 11 of part I of the
Foreign Assistance Act of 1961.
[[Page 111 STAT. 2396]]
(h) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated under this heading or in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(i) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the
disbursement of such funds by the Fund for program purposes. The Fund
may retain for such program proposes any interest earned on such
deposits without returning such interest to the Treasury of the United
States and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
( j)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent shall
be withheld from obligation until the President determines and certifies
in writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability.
(2) Notwithstanding paragraph (1) assistance may be provided for the
Government of Russia if the President determines and certifies to the
Committees on Appropriations that making such funds available: (A) is
vital to the national security interest of the United States; and (B)
that the Government of Russia is taking meaningful steps to limit major
supply contracts and to curtail the transfer of technology and
technological expertise related to activities referred to in paragraph
(1).
(k) Of the funds appropriated under this heading, not less than
$225,000,000 shall be made available for Ukraine, which sum shall be
provided with the understanding that Ukraine will undertake significant
economic reforms which are additional to those which were undertaken in
the previous fiscal year: Provided, That 50 percent of the amount made
available in this subsection, exclusive of funds made available for
election related initiatives and nuclear reactor safety activities,
shall be withheld from obligation and expenditure until the Secretary of
State determines and certifies no later than April 30, 1998, that the
Government of Ukraine has made significant progress toward resolving
complaints made by United States investors to the United States embassy
prior to April 30, 1997: Provided further, That funds made available
under this subsection, and funds appropriated for Ukraine in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997 as contained in Public Law 104-208 shall be made available to
complete the preparation of safety analysis reports at each nuclear
reactor in Ukraine over the next three years.
[[Page 111 STAT. 2397]]
(l) Of the funds appropriated under this heading, not less than
$250,000,000 shall be made available for assistance for the Southern
Caucasus region: Provided, That of the funds provided under this
subsection 37 percent shall be made available for Georgia and 35 percent
shall be made available for Armenia: Provided further, That of the funds
made available for the Southern Caucasus region, 28 percent should be
used for reconstruction and remedial activities relating to the
consequences of conflicts within the region, especially those in the
vicinity of Abkhazia and Nagorno-Karabakh: Provided further,
That <<NOTE: Reports.>> if the Secretary of State after May 30, 1998,
determines and reports to the relevant committees of Congress that the
full amount of reconstruction and remedial funds that may be made
available under the previous proviso cannot be effectively utilized, up
to 62.5 percent of the amount provided under the previous proviso for
reconstruction and remediation may be used for other purposes under this
heading.
(m) Funds provided under the previous subsection shall be made
available for humanitarian assistance for refugees, displaced persons,
and needy civilians affected by the conflicts in the Southern Caucasus
region, including those in the vicinity of Abkhazia and Nagorno-
Karabakh, notwithstanding any other provision of this or any other Act.
(n) Funds made available under this Act or any other Act may not be
provided for assistance to the Government of Azerbaijan until the
President determines, and so reports to the Congress, that the
Government of Azerbaijan is taking demonstrable steps to cease all
blockades against Armenia and Nagorno-Karabakh: Provided, That the
restriction of this subsection and section 907 of the FREEDOM Support
Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421); and
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity.
(o) None of the funds appropriated under this heading or in prior
appropriations legislation may be made available to establish a joint
public-private entity or organization engaged in the management of
activities or projects supported by the Defense Enterprise Fund.
Independent Agency
peace corps
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $222,000,000, including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United <<NOTE: Abortion.>> States: Provided, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That funds appropriated under this heading
shall remain available until September 30, 1999.
[[Page 111 STAT. 2398]]
Department of State
international narcotics control
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $215,000,000: Provided, That during fiscal year
1998, the Department of State may also use the authority of section 608
of the Act, without regard to its restrictions, to receive non-lethal
excess property from an agency of the United States Government for the
purpose of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That <<NOTE: Reports.>>
not later than 60 days after the date of enactment of this Act, the
Secretary of State in consultation with the Director of the Office of
National Drug Control Policy shall submit a report to the Committees on
Appropriations containing: (1) a list of all countries in which the
United States carries out international counter-narcotics activities;
(2) the number, mission and agency affiliation of United States
personnel assigned to each such country; and (3) all costs and expenses
obligated for each program, project or activity by each United States
agency in each country: Provided further, That of the amount made
available under this heading not to exceed $5,000,000 shall be allocated
to operate the Western Hemisphere International Law Enforcement Academy:
Provided further, That 10 percent of the funds appropriated under this
heading shall not be available for obligation until the Secretary of
State submits a report to the Committees on Appropriations providing a
financial plan for the funds appropriated under this heading and under
the heading ``Narcotics Interdiction''.
narcotics interdiction
For necessary expenses to carry out the provisions of section 481 of
the Foreign Assistance Act of 1961, $15,000,000, to remain available
until expended, in addition to amounts otherwise available for such
purposes, which shall be available for assistance, including
procurement, for support of air drug interdiction and eradication and
other related purposes: Provided, That funds appropriated under this
heading shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$650,000,000: Provided, That not more than $12,000,000 shall be
available for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from
[[Page 111 STAT. 2399]]
the former Soviet Union and Eastern Europe and other refugees resettling
in Israel.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 and
administered by the Office of Refugee Resettlement of the Department of
Health and Human Services, in addition to amounts otherwise available
for such purposes, $5,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $50,000,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962 which would limit
the amount of funds which could be appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $133,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961
for anti-terrorism assistance, section 504 of the FREEDOM Support Act
for the Nonproliferation and Disarmament Fund, section 23 of the Arms
Export Control Act or the Foreign Assistance Act of 1961 for demining,
the clearance of unexploded ordnance, and related activities,
notwithstanding any other provision of law, including activities
implemented through nongovernmental and international organizations,
section 301 of the Foreign Assistance Act of 1961 for a voluntary
contribution to the International Atomic Energy Agency (IAEA) and a
voluntary contribution to the Korean Peninsula Energy Development
Organization (KEDO): Provided, That of this amount not to exceed
$15,000,000, to remain available until expended, may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the new
independent states of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That such funds shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading may be made
available for the International Atomic Energy Agency only if the
Secretary of State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in the activities of
that Agency: Provided further, That not to exceed $30,000,000 may be
made available to the Korean Peninsula Energy Development Organization
(KEDO) only for the administrative expenses and heavy fuel oil costs
associated
[[Page 111 STAT. 2400]]
with the Agreed Framework: Provided
further, <<NOTE: President. Certification. Reports.>> That such funds
may be obligated to KEDO only if, 30 days prior to such obligation of
funds, the President certifies and so reports to Congress that: (1)(A)
the parties to the Agreed Framework are taking steps to assure that
progress is made on the implementation of the January 1, 1992, Joint
Declaration on the Denuclearization of the Korean Peninsula and the
implementation of the North-South dialogue, and (B) North Korea is
complying with the other provisions of the Agreed Framework between
North Korea and the United States and with the Confidential Minute; (2)
North Korea is cooperating fully in the canning and safe storage of all
spent fuel from its graphite-moderated nuclear reactors and that such
canning and safe storage is scheduled to be completed by April 1, 1998;
and (3) North Korea has not significantly diverted assistance provided
by the United States for purposes for which it was not intended:
Provided further, That the President may waive the certification
requirements of the preceding proviso if the President determines that
it is vital to the national security interests of the United States:
Provided further, That no funds may be obligated for KEDO until 30
calendar days after submission to Congress of the waiver permitted under
the preceding proviso: Provided further, That the obligation of any
funds for KEDO shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
the <<NOTE: Reports.>> Secretary of State shall submit to the
appropriate congressional committees an annual report (to be submitted
with the annual presentation for appropriations) providing a full and
detailed accounting of the fiscal year request for the United States
contribution to KEDO, the expected operating budget of KEDO, to include
unpaid debt, proposed annual costs associated with heavy fuel oil
purchases, and the amount of funds pledged by other donor nations and
organizations to support KEDO activities on a per country basis, and
other related activities: Provided further, That of the funds made
available under this heading, up to $10,000,000 may be made available to
KEDO, in addition to funds otherwise made available under this heading
for KEDO, if the Secretary of State certifies and reports to the
Committees on Appropriations that, except for the funds made available
under this proviso, funds sufficient to cover all outstanding debts owed
by KEDO for heavy fuel oil have been provided to KEDO by donors other
than the United States.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $50,000,000: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members of
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for grant financed military education and training for Indonesia
and Guatemala may only be available for expanded international military
education and training and funds made available for Guatemala may only
be
[[Page 111 STAT. 2401]]
provided through the regular notification procedures of the Committees
on Appropriations: Provided further, That none of the funds appropriated
under this heading may be made available to support grant financed
military education and training at the School of the Americas unless:
(1) the <<NOTE: Certification.>> Secretary of Defense certifies that
the instruction and training provided by the School of the Americas is
fully consistent with training and doctrine, particularly with respect
to the observance of human rights, provided by the Department of Defense
to United States military students at Department of Defense institutions
whose primary purpose is to train United States military personnel; (2)
the <<NOTE: Certification.>> Secretary of Defense certifies that the
Secretary of State, in consultation with the Secretary of Defense, has
developed and issued specific guidelines governing the selection and
screening of candidates for instruction at the School of the Americas;
and (3) the <<NOTE: Reports.>> Secretary of Defense submits to the
Committees on Appropriations a report detailing the training activities
of the School of the Americas and a general assessment regarding the
performance of its graduates during 1996.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,296,550,000: Provided, That of the funds appropriated under this
heading, not less than $1,800,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants only for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days of enactment
of this Act or by October 31, 1997, whichever is later: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$475,000,000 shall be available for the procurement in Israel of defense
articles and defense services, including research and development:
Provided further, That of the funds appropriated by this paragraph, not
less than $75,000,000 shall be available for assistance for Jordan:
Provided further, That during fiscal year 1998 the President is
authorized to, and shall, direct drawdowns of defense articles from the
stocks of the Department of Defense, defense services of the Department
of Defense, and military education and training of an aggregate value of
not less than $25,000,000 under the authority of this proviso for Jordan
for the purposes of part II of the Foreign Assistance Act of 1961, and
any amount so directed shall count toward meeting the earmark in the
previous proviso: Provided further, That section 506(c) of the Foreign
Assistance Act of 1961 shall apply, and section 632(d) of the Foreign
Assistance Act of 1961 shall not apply, to any such drawdown: Provided
further, That of the funds appropriated by this paragraph, a total of
$18,300,000 should be available for assistance for Estonia, Latvia, and
Lithuania: Provided further, That none of the funds made available under
this heading shall be available for any non-NATO country participating
in the Partnership for Peace Program except through the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export Control
Act: Provided further,
[[Page 111 STAT. 2402]]
That funds made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a): Provided further, That $50,000,000 of the
funds appropriated or otherwise made available under this heading should
be made available for the purpose of facilitating the integration of
Poland, Hungary, and the Czech Republic into the North Atlantic Treaty
Organization.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans authorized by section 23 of the Arms Export
Control Act as follows: cost of direct loans, $60,000,000: Provided,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed $657,000,000: Provided
further, That the rate of interest charged on such loans shall be not
less than the current average market yield on outstanding marketable
obligations of the United States of comparable maturities: Provided
further, That funds appropriated under this paragraph shall be made
available for Greece and Turkey only on a loan basis, and the principal
amount of direct loans for each country shall not exceed the following:
$105,000,000 only for Greece and $150,000,000 only for Turkey.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That none of the funds appropriated under
this heading shall be available for Sudan and Liberia: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That,
subject to the regular notification procedures of the Committees on
Appropriations, funds made available under this heading for the cost of
direct loans may also be used to supplement the funds available under
this heading for grants, and funds made available under this heading for
grants may also be used to supplement the funds available under this
heading for the cost of direct loans: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $23,250,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs of
administering military assistance and sales: Provided further, That none
of the funds
[[Page 111 STAT. 2403]]
under this heading shall be available for Guatemala: Provided further,
That not more than $350,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
incurred by the Department of Defense during fiscal year 1998 pursuant
to section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $77,500,000: Provided, That none of
the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international financial institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $47,500,000, to
remain available until September 30, 1999.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,034,503,100, to remain available until
expended, of which $234,503,100 shall be available to pay for the tenth
replenishment: Provided, That none of the funds may be obligated or made
available until the Secretary of the Treasury certifies to the
Committees on Appropriations that procurement restrictions applicable to
United States firms under the terms of the Interim Trust Fund have been
lifted from all funds which Interim Trust Fund donors proposed to set
aside for review of procurement restrictions at the conclusion of the
February 1997 IDA Deputies Meeting in Paris.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, $25,610,667, and for the
United States share of the increase in the resources of the Fund for
Special Operations, $20,835,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,503,718,910.
[[Page 111 STAT. 2404]]
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund to be administered by the Inter-American
Development Bank, $30,000,000 to remain available until expended, which
shall be available for contributions previously due.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,221,596, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increases in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended (Public Law 89-
369), $150,000,000, of which $50,000,000 shall be available for
contributions previously due, to remain available until expended.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$45,000,000, to remain available until expended and which shall be
available for contributions previously due.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,778,717, for the United States
share of the paid-in portion of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $123,237,803.
north american development bank
For payment to the North American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in portion of
the capital stock, $56,500,000, to remain available until expended of
which $250,000 shall be available for contributions
[[Page 111 STAT. 2405]]
previously due: Provided, That none of the funds appropriated under this
heading that are made available for the Community Adjustment and
Investment Program shall be used for purposes other than those set out
in the binational agreement establishing the Bank: Provided further,
That of the amount appropriated under this heading, not more than
$41,250,000 may be expended for the purchase of such capital shares in
fiscal year 1998.
limitation on callable capital subscriptions
The United States Governor of the North American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of the capital stock of the North
American Development Bank in an amount not to exceed $318,750,000.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $192,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That none of the funds appropriated under
this heading that are made available to the United Nations Population
Fund (UNFPA) shall be made available for activities in the People's
Republic of China: Provided further, That not more than $25,000,000 of
the funds appropriated under this heading may be made available to
UNFPA: Provided further, That <<NOTE: Reports.>> not more than one-half
of this amount may be provided to UNFPA before March 1, 1998, and that
no later than February 15, 1998, the Secretary of State shall submit a
report to the Committees on Appropriations indicating the amount UNFPA
is budgeting for the People's Republic of China in 1998: Provided
further, That any amount UNFPA plans to spend in the People's Republic
of China in 1998 shall be deducted from the amount of funds provided to
UNFPA after March 1, 1998, pursuant to the previous provisos: Provided
further, That with respect to any funds appropriated under this heading
that are made available to UNFPA, UNFPA shall be required to maintain
such funds in a separate account and not commingle them with any other
funds: Provided further, That none of the funds appropriated under this
heading may be made available to the Korean Peninsula Energy Development
Organization (KEDO) or the International Atomic Energy Agency (IAEA):
Provided further, That not less than $4,000,000 should be made available
to the World Food Program.
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.
[[Page 111 STAT. 2406]]
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.
[[Page 111 STAT. 2407]]
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran,
Sudan, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or its
agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to any country whose duly elected head of government is
deposed by military coup or decree:
Provided, That assistance may be resumed to such country if the
President determines and reports to the Committees on Appropriations
that subsequent to the termination of assistance a democratically
elected government has taken office.
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, whichever is later, and
for the same general purpose, and for countries within the same region
as originally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified 15 days in advance of the
reobligation of such funds in accordance with regular notification
procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section 23
of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may not be used in
fiscal year 1998.
[[Page 111 STAT. 2408]]
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: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available in this
Act or during the current fiscal year for Nicaragua and Liberia, and for
any narcotics-related assistance for Colombia, Bolivia, and Peru
authorized by the Foreign Assistance Act of 1961 or the Arms Export
Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
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 <<NOTE: Notification.>> 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.
[[Page 111 STAT. 2409]]
(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 <<NOTE: 22 USC 262h note.>> 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. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development Assistance'', ``International organizations and
programs'', ``Trade and Development Agency'', ``International narcotics
control'', ``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
[[Page 111 STAT. 2410]]
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:
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. 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 because of the implementation of this section or any similar
provision of law, shall remain available for obligation through
September 30, 1999.
economic support fund assistance for israel
Sec. 517. The Congress finds that progress on the peace process in
the Middle East is vitally important to United States security interests
in the region. The 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
[[Page 111 STAT. 2411]]
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. 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. <<NOTE: 22 USC 2765.>> 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.
[[Page 111 STAT. 2412]]
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
child survival, aids, and other activities
Sec. 522. Up to $10,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival, basic
education, and AIDS, may be used to reimburse United States Government
agencies, agencies of State governments, institutions of higher
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. 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. Section <<NOTE: 22 USC 2796.>> 61(a) of the Arms Export
Control Act is amended by striking out ``1997'' and inserting in lieu
thereof ``1998''.
notification on excess defense equipment
Sec. 525. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance
[[Page 111 STAT. 2413]]
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.
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
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international
terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: President. Federal
Register, publication. Notification.>> 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.
commercial leasing of defense articles
Sec. 528. <<NOTE: 22 USC 2763 note.>> 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
[[Page 111 STAT. 2414]]
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. 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. <<NOTE: 22 USC 2359 note.>> (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.
[[Page 111 STAT. 2415]]
(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 <<NOTE: President.>> 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. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the
[[Page 111 STAT. 2416]]
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. <<NOTE: 50 USC 1701 note.>> None of the funds
appropriated or otherwise made available pursuant to this Act to carry
out the Foreign Assistance Act of 1961 (including title IV of chapter 2
of part I, relating to the Overseas Private Investment Corporation) or
the Arms Export Control Act may be used to provide assistance to any
country that is not in compliance with the United Nations Security
Council sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
competitive pricing for sales of defense articles
Sec. 535. <<NOTE: 22 USC 2762 note.>> 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'' <<NOTE: 108 Stat.
1622.>> by striking ``1998'' and inserting ``2000''.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 537. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace
[[Page 111 STAT. 2417]]
Corps Act, the Inter-American Foundation Act, or the African Development
Foundation Act. <<NOTE: Reports.>> 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. 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. (a) Funds appropriated in title II of this Act that are
made available for Afghanistan, Lebanon, and for victims of war,
displaced children, displaced Burmese, humanitarian 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
[[Page 111 STAT. 2418]]
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.
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. (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
[[Page 111 STAT. 2419]]
534(c) and the second sentence of section 534(e) of the Foreign
Assistance Act of 1961.
eligibility for assistance
Sec. 542. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
and 11 of part I, and chapter 4 of part II, of the <<NOTE: President.>>
Foreign Assistance Act of 1961: Provided, That the President shall take
into consideration, in any case in which a restriction on assistance
would be applicable but for this subsection, whether assistance in
support of programs of nongovernmental organizations is in the national
interest of the United States: Provided further,
That <<NOTE: President. Notification.>> 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 be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1998, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act and
made available pursuant to this subsection may be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
earmarks
Sec. 543. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by 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; <<NOTE: President.>> however, before exercising the authority of
this subsection with regard to a base rights or base access country
which has significantly reduced its
[[Page 111 STAT. 2420]]
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. 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. 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. (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.
[[Page 111 STAT. 2421]]
consulting services
Sec. 548. <<NOTE: Contracts. Public information.>> 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. <<NOTE: Termination date.>> The prohibition under this section
with respect to a foreign government shall terminate 12 months after
that government ceases to provide <<NOTE: Applicability.>> 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 <<NOTE: President. Reports.>> 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
[[Page 111 STAT. 2422]]
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 Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
war crimes tribunals drawdown
Sec. 553. 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 <<NOTE: Reports. 22 USC
2656 note.>> 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. 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 <<NOTE: Reports.>> 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''.
[[Page 111 STAT. 2423]]
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. 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. (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
[[Page 111 STAT. 2424]]
(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. (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
[[Page 111 STAT. 2425]]
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 development, 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 <<NOTE: President.>> 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. <<NOTE: 22 USC 284s note, 285c note, 290l-4 note.>> (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
[[Page 111 STAT. 2426]]
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) <<NOTE: 22 USC 262m-7.>> 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. (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
[[Page 111 STAT. 2427]]
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, 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. <<NOTE: 22 USC 2414a note.>> (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.
[[Page 111 STAT. 2428]]
(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)).
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
Sec. 566. (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.
(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.
[[Page 111 STAT. 2429]]
(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. 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.
[[Page 111 STAT. 2430]]
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, <<NOTE: 22 USC 262k-1.>> 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;
(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,
[[Page 111 STAT. 2431]]
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
[[Page 111 STAT. 2432]]
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''.
[[Page 111 STAT. 2433]]
additional requirements relating to stockpiling of defense articles for
foreign countries
Sec. 575. (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''.
(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 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. <<NOTE: President. Certification.>> (a) None of the funds
appropriated under this Act may be made available for the Government of
the Russian Federation 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
[[Page 111 STAT. 2434]]
international agreements on human rights and religious freedoms to which
the Russian Federation is a party.
(b) This <<NOTE: Effective date.>> 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,
[[Page 111 STAT. 2435]]
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.
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. <<NOTE: President.>> 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) 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.
[[Page 111 STAT. 2436]]
(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 <<NOTE: 18 USC 2441.>> 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.''.
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.
[[Page 111 STAT. 2437]]
(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. <<NOTE: Reports.>> 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.
[[Page 111 STAT. 2438]]
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, <<NOTE: 110 Stat. 3009-129.>> 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. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1998 for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no 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.
[[Page 111 STAT. 2439]]
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 <<NOTE: Applicability.>>
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.
This Act may be cited as the ``Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1998''.
Approved November 26, 1997.
LEGISLATIVE HISTORY--H.R. 2159 (S. 955):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-176 (Comm. on Appropriations) and 105-401 (Comm.
of Conference).
SENATE REPORTS: No. 105-35 accompanying S. 955 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 30, Sept. 3, 4, considered and passed House.
Sept. 5, considered and passed Senate, amended, in lieu of
S. 955.
Nov. 12, House agreed to conference report.
Nov. 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 26, Presidential statement.
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