[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[House]
[Pages H10598-H10633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING THE RULES OF THE HOUSE TO REPEAL EXCEPTION TO REQUIREMENT THAT
PUBLIC COMMITTEE PROCEEDINGS BE OPEN TO ALL MEDIA
Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 301 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 301
Resolved, That (a) clause 3(f) of rule XI of the Rules of
the House of Representatives is amended by repealing
subdivision (2) and by redesignating subdivisions (3) through
(13) as subdivisions (2) through (12), respectively.
(b) Clause 2(g)(1) of rule XI of the Rules of the House of
Representatives is amended by striking ``, except as provided
by clause 3(f)(2)''.
(d) The first sentence of clause 3(e) of rule XI of the
Rules of the House of Representatives is amended by striking
``, except as provided in paragraph (f)(2)''.
The SPEAKER pro tempore. The gentleman from Florida [Mr. Goss] is
recognized for 1 hour.
Mr. GOSS. Mr. Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from Massachusetts [Mr. Moakley],
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purposes
of debate only.
Mr. Speaker, on this very important subject, to me this subject, Mr.
Speaker, is a question of truth and do we believe that the American
people have the right to discern the truth.
House Resolution 301 is a straightforward rule. It is a
straightforward rule change to repeal the exception to the requirement
that public committee proceedings be open to all media, all types of
media. This resolution continues the process we began in 1995 of
opening up our committee proceedings to enhance public scrutiny and
greater accountability. The resolution repeals clause 3(f)(2) of House
rule XI, known inside this building as the camera rule.
As Members recall, when we began the 104th Congress under new
management for the first time in 40 years, we instituted an openness
policy that said that committee meetings and hearings that are open to
the public shall also be open to the media. This sunshine rule
reaffirms the right of the public to have all types of media cover most
of our proceedings, making it clear that such coverage is no longer
treated as a privilege to be granted and taken away at the discretion
of a committee or subcommittee.
The only deviation from this policy has been the exception found in
clause 3(f)(2) giving subpoenaed witnesses the absolute right to
decide, for whatever reason, to pull the plug on certain types of media
coverage of their testimony at an otherwise public hearing.
Mr. Speaker, this exception to the sunshine rule is a holdover from
another era. We heard testimony in the
[[Page H10599]]
Committee on Rules from the distinguished dean of this House, the
gentleman from Michigan, [Mr. John Dingell], who is one of the most
respected and probably one of the most feared committee chairmen ever
to serve in this body. Mr. Dingell cautioned us not to repeal this
exception for subpoenaed witnesses, and he raised the specter of the
McCarthy hearings that took place nearly half a century ago.
None of us is proud of that period in the history of this
institution. Certainly, we have learned a lot. Clearly, there were
excesses as powerful Members of Congress overstepped the bounds of
fairness. When the House first began the process of evolving into the
modern television age in 1970, Members, remembering the McCarthy era,
wisely took a go-slow approach to phasing in audio and visual media
coverage of congressional proceedings.
But, Mr. Speaker, that was more than a quarter of a century ago. Time
does fly. As my children and my grandchildren are constantly reminding
me, times have changed. Like it or not, we are living in an era of high
technology and instant global communication. Television, radio, and
even cyberspace are commonplace in our lives and have become part of
the daily media diet of countless Americans. Congress just has to get
on with the program, even if we are sometimes a bit slow about
embracing the modern technological revolution.
My colleagues are aware that C-SPAN is a huge success among the
American people precisely because our constituents have come to expect
and rely upon seeing for themselves what it is we do, without the
filter of someone else's pen or an editor deciding how to package
certain information for public consumption; just straight stuff, no
spin doctors; viewers draw their own conclusions.
Mr. Speaker, I come from the Sunshine State, aptly named for more
than just the one most obvious reason, about our wonderful climate,
especially at this time of year. We also have in Florida sunshine rules
for all levels of government. I have found time and again that sunshine
is the best antidote to excess and abuse, and it is indeed the path to
truth.
I know there is concern about protecting reluctant witnesses from
unfair questioning or uncivil badgering before a committee of this
House. But rather than turning off the cameras, shutting down the
radio, and prohibiting still photography, I submit to my colleagues
that the better option is to let all the sunshine in, remembering that
the print media are still there. If a witness is unfairly treated by
any Member of this House, it will be clear to the people who witness
that occurrence on television or on the radio.
Furthermore, I expect that our committee chairmen will take control
of proceedings under their charge if things get out of hand. It comes
down to the fact that I have faith in the American people and I have
faith in the Members who run our committees.
It is my view that the American people are smarter than some of our
colleagues seem to think. They can discern for themselves if they are
seeing and hearing a witch-hunt or a show trial or some type of
proceeding or some kind of personal grandstanding.
My friend, the distinguished gentleman from Massachusetts [Mr.
Moakley], vice chairman of the Committee on Rules and former chairman,
for whom I have the utmost respect, has lamented the fact that this
rules change does some sort of violence to the concept of the people's
House.
Indeed, this is the people's House, but I would argue just the
opposite, that if this truly is the people's House and we want to share
it with the people, why would we want to arbitrarily restrict the
people's ability to see what goes on in our committee rooms?
{time} 1900
Mr. Speaker, it is my view that the best way to rein in a bully on a
committee dais is to expose him or her to public scrutiny. Audio and
visual coverage of the committee event is as much a check on a runaway
Member who wishes to bully a witness as it is a check on a witness who
may have something to hide from full public scrutiny.
I would like for one moment to assure my colleagues that this rules
change does nothing, let me repeat, does nothing to the crucial and
truly meaningful witness protections that exist in our House rules
under rule XI, clause 2. Clause 2(g) provides clear guidance to the
committees and subcommittees of the House about when it is appropriate
to conduct their business in closed session with no media or outsiders
present. These guidelines account for instances where material
discussed pertains to national security information, for example,
perhaps sensitive law enforcement information, information that would
tend to defame, degrade, or incriminate any person, or information that
would violate any law or will of this House. That is quite a broad
spectrum. In such cases, a committee may, with a full quorum present,
vote by majority to close the proceedings to all except Members and
appropriate staff.
In addition, clause 2(k)(5) of rule XI provides that whenever it is
asserted that testimony at a hearing may tend to defame, degrade, or
incriminate any person, such testimony will be taken in closed session
if the committee determines by majority vote of those present, a
requisite number being present, that the testimony may tend to defame,
degrade, or incriminate any person.
That sounds like a lot of parliamentary lawyerese-type talk, but the
bottom line is that there are mechanisms to close meetings to all media
coverage if there is justification without arbitrarily discriminating
against certain types of media.
I should also point out that nothing we do in our House rules in any
way limits a witness' constitutional right, specifically the option to
take the fifth amendment and refuse to answer questions.
Mr. Speaker, I would like to point out that the other body does not
have a similar rule to the one we are considering repealing today.
There is no absolute ability for a subpoenaed witness at a proceeding
in the other body to arbitrarily decide to shut off broadcast coverage
of his or her testimony. Life has actually gone on quite well over
there in the other body, I believe, without such a rule, and I think
that should be of some comfort to those Members who believe the sky
might fall in if we make the change proposed here today and let the
full sunshine in.
Mr. Speaker, I would also like to point out to Members that this
effort was one that was undertaken by Democrat Members as well as
Republican Members. The legislative history of committee proceedings in
the House has examples of several distinguished Democrat then committee
chairmen expressing their interest in seeing this exception to media
coverage eliminated.
In sum, this rule is a change that will further the cause of sunshine
and accountability in the people's House. I hope my colleagues will
support it.
Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume,
and I thank my very dear friend the gentleman from Florida [Mr. Goss]
for yielding me the time.
Mr. Speaker, in case any of my colleagues are unclear about what is
about to happen, the House is now debating a resolution that takes away
the fundamental right guaranteed to witnesses by the House rules. These
rules were put in place to protect American citizens and others who are
asked to stand before Congress and to tell the truth, and they should
be protected at all costs.
Furthermore, Mr. Speaker, there is no reason on Earth to rush this
resolution, but, for some reason, the Republican leadership is doing it
anyway. The majority leader did not announce this resolution on the
Friday when he announced the schedule for the week. This resolution was
not listed on the floor schedule that was distributed on Monday
morning. The Committee on Rules held a hearing after dark on Tuesday,
which raised serious and technical questions and never came close to
resolving moral or political concerns. Mr. Speaker, the Committee on
Rules still marked up the resolution; and here we are today.
Mr. Speaker, there is no reason whatsoever the House should be acting
so carelessly and so dangerously. But, as they say, ``There is no
business like show business.'' And our friend, the gentleman from
Indiana [Mr. Burton], plans hearings for Thursday and will
[[Page H10600]]
continue between sessions. And someone wants to be sure that the
witnesses who testify before this committee are stripped of any
protection under the rules.
Mr. Speaker, the rule my colleagues want to repeal was adopted in
response to the shameful abuses of this House in the McCarthy era. Some
say it originated with a suicide note. A young cancer researcher named
William K. Sherwood was subpoenaed to appear on camera before the
committee. Two days before his scheduled appearance, he wrote a note
expressing his fierce resentment at being televised and then jumped
from the hotel window to his death. Largely in reaction to this event,
Mr. Speaker, camera and live broadcasts were banned from the committee
hearings from 1957 until 1970, when the Congress enacted the
Legislative Reorganization Act.
The 1970 act, which grew out of an extensive and lengthy hearing
process by a special subcommittee, contained the identical language,
word for word, that is in current rules, the same language that my
colleagues seek to repeal.
Senator Javits, while serving in the House, was one of the first
Members to champion the use of TV cameras in Congress; however, even he
knew how it might impact on the rights of witnesses. And in February
1952 he said, ``The indiscriminate use of television and radio could
very easily in many cases work out to invade the individual's rights.''
Mr. Speaker, how right he was.
Representative Hugh Scott, chairman of a rules subcommittee in the
Republican-controlled 1983 Congress, said in March 1955 that a code of
fair committee procedures must ``protect a witness from distraction,
harassment, or nervousness caused by radio, TV, and motion picture
coverage of hearings.'' The closest we have to that warning is clause
3(f) of rule XI. And if Members on that side of the aisle have their
way, that soon will be gone.
Witnesses do not have the opportunity to rebut statements made to
them by Members of the panel. They cannot object to a question that is
misleading or incriminating. They can be held in contempt if they
refuse to answer any question, regardless of how inappropriate that
question may be. They can bring a lawyer with them, Mr. Speaker, but
that lawyer is virtually powerless to halt an unfair line of
questioning. And to further subject these witnesses to unwanted
television and radio coverage is a flagrant abuse of power by the
members of the committee.
Mr. Speaker, committees do make mistakes. Recently the gentleman from
Indiana [Mr. Burton] subpoenaed the records of the wrong Chi Wong. And
they did it again. They subpoenaed the records of the wrong Li Ping
Chen. They subpoenaed the records of a Li Ping Chen Hudson, who had
nothing to do with fundraising. And these subpoenas were for documents,
Mr. Speaker, but these innocent citizens might just as easily have been
called to be grilled before a rolling TV camera.
The protection provided in clause 3(f)(2) of rule XI is all that a
witness can use to protect him or herself from such exploitation. Now
even that small refuge is to be taken away, leaving witnesses at the
mercy of an often hostile panel.
Mr. Chairman, when I was chairman of the Committee on Rules, I, too,
heard from the frustrated chairmen who wanted to repeal this rule
because an individual invoked their rights. They said the rule inhibits
freedom of the press. I told them that the first amendment rights of
the press and public's right to know are in no way diminished by the
rule in its present form.
The print and broadcast press are not excluded from a hearing, and
nothing in the rule prevents any reporter from fully covering the
hearing. But American citizens do have a right to privacy, which
includes a right to avoid the limelight of a camera, and when Congress
compels an individual to testify, he or she should have the absolute
right to demand that the cameras be turned off.
Mr. Speaker, I deeply regret that we are moving in this direction
today. I can only implore you and the majority not to strip away this
vital protection from those witnesses who are mandated to testify by
order of congressional subpoena.
Just the other day in this Chamber, we passed a measure to reform the
Internal Revenue Service by a vote of 425 to 4. The legislation was so
widely approved because of stories of the IRS as an overzealous tax
collector treating American citizens with suspicion, making the average
citizen prove his innocence, intimidating Americans.
Let us not allow the reputation of this institution to be besmirched
by the image of rude, arrogant, browbeating Members attacking poor,
innocent Americans called to appear before the committee against their
will. Please, Mr. Speaker, do not strip away this very, very small
protection. Mark my word, Mr. Speaker, we will come to regret this day
if we pass this rule.
Finally, I must remind my colleagues, if they repeal this rule, only
Members of Congress will be shielded from the cameras when their
reputations are at stake in a congressional investigation. That is not
right.
Mr. Speaker, as my friend, the gentleman from Florida [Mr. Goss],
said, this is the people's House. This is the people's House. Let us
protect the people's rights. So I urge my colleagues to defeat this
rule.
Ordinary Americans should have the same protections that Members of
Congress have.
Mr. Speaker, I reserve the balance of my time.
Mr. GOSS. Mr. Speaker, might I inquire what the time counts are?
The SPEAKER pro tempore (Mr. Snowbarger). The gentleman from Florida
[Mr. Goss] has 22 minutes remaining. The gentleman from Massachusetts
[Mr. Moakley] has 21 minutes remaining.
Mr. GOSS. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Georgia [Mr. Barr].
Mr. BARR of Georgia. Mr. Speaker, I pause to let the smoke screen
clear for just a moment so we can see what is really at stake here, Mr.
Speaker, and I suppose, just as importantly, what this proposed rule
change is not about.
This rule change, despite the smoke screen thrown up by its
opponents, is not about somebody who may have committed suicide two
generations ago, as tragic as I am sure that is. This is not, Mr.
Speaker, about an effort to shield Members of Congress. It is not a
question about taking anybody's rights away.
As we let the smoke screen clear, Mr. Speaker, what we see is a very
simple rule change that is at the heart of both common sense and the
way that Congress operates and was envisaged to operate by our Founding
Fathers. For one only has to look in Jefferson's Manual, Mr. Speaker,
in the rules of this House, going back over 200 years, to see a common
underpinning of openness in the proceedings of this great body. And it
is only from time to time when there is perceived an overriding need to
place limitation on that openness that that great principle envisaged
by our Founding Fathers of openness and public access to all that we do
should be entertained.
The rule before us today is very simple. It simply states that no
subpoenaed witness can hold the Congress hostage and can prevent the
American people from knowing what it is pursuant to the people's
business that they are testifying about. That is all it does. It does
not take away the majority right of a majority of any committee of this
Congress for good and sufficient reasons, including if they believe
that the rights of a witness require privacy, that the broadcasting,
the photographing, the recording must be turned off.
Congress and individuals before this Congress continue to retain that
possibility, that right. This rule simply says that a witness who comes
forward under subpoena cannot for their own reasons hide behind the
cloak of secrecy and not let the American people know why it is they
are before the Congress and what they are testifying about. It takes
away that hammer that they can hold over the openness that we otherwise
enshrine in those proceedings.
{time} 1915
It is very interesting, Mr. Speaker, that the gentleman from
California [Mr. Lantos], a very learned and senior Member of the other
side, took to the floor in September and October 1989 when he happened
to be in the majority and argued, apparently very eloquently, that the
very rule which we
[[Page H10601]]
are simply moving tonight to amend and open up does not serve the
interests of the American people, nor, and I quote the gentleman from
California, is the rule required as a protection to any witness, close
quote. He says that he, quote, fully disagrees with this rule because,
and I further quote Mr. Lantos, I believe the American people are
entitled to open government.
Mr. Speaker, the gentleman from California [Mr. Lantos] was right
then and he is right now. It is openness that is at the heart of our
business here in this Congress. We provide fully to protect the
interests of each and every witness, subject only to the vagaries of
members of the committee. I urge very strongly that this arcane,
outdated, unnecessary, and arbitrary rule which closes off certain
avenues of reporting of what is going on and not others be adopted in
favor of openness and the public's right to know.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
The last speaker is correct. The gentleman from California [Mr.
Lantos] did argue for this. I was chairman of the Committee on Rules
when he came before me to ask that this rule be changed. I did not
think it should be changed then when I was chairman, and I do not think
it should be changed now when I am not chairman. I do not think it is a
political matter. It really does deprive the witnesses going before
that committee of probably the only right they have.
Mr. Speaker, I yield 7 minutes to the gentleman from Pennsylvania
[Mr. Kanjorski].
Mr. KANJORSKI. Mr. Speaker, because of the nature of this rule that
is before the House, I would request of my friends that control the
time on the Republican side that they allow at this time my questioning
the presence of a quorum and that we have a quorum call of the House,
so that all the Members of the House can take part and listen to the
debate we are having.
Mr. SOLOMON. If the gentleman will yield, both cloakrooms have
notified the Members, and I am sure they are watching if they are not
here. They have been duly notified. I would be glad to notify ours
again if the gentleman would like to do the same.
Mr. KANJORSKI. At 7:17 when I am about to speak, let the record show
that there are less than 20 Members of Congress on either side of the
aisle present in the Chamber.
Mr. Speaker, I am on the Democratic side, but I do not stand today as
a Democrat. I stand today first and foremost as an American and
secondly as a Member of one of the finest institutions I have ever had
the opportunity to be a part of, the House of Representatives of the
United States.
I come here with a heavy heart, because I have a tradition in this
House that goes back to 1953. I am probably the only Member of this
House that participated in the McCarthy hearings in the Senate and many
of the un-American activity hearings of the House of Representatives in
that period of time. I am here because many of my friends are on both
sides of the aisle, and I think about this issue as an institutional
issue. We are about to close the opportunity to protect or allow for
the protection of privacy and individual rights of private citizens,
one of the few interferences that I can imagine and one of the few
protections that private citizens have had for the last 50 years before
this House.
We know that in 1952, a request for noncoverage by television and
radio was made and then-Speaker Sam Rayburn granted that permission.
That was carried through the tradition of Joseph Martin as Speaker of
this House in the 83d Congress; it was carried through into 1955 when
another request was made and Sam Rayburn granted that request, that
television and radio be turned off, and in every other respect a record
and public appearance was had by that witness.
In 1957, because of that same question, of carrying open television
and radio of a witness, there was actually one individual from
California, a cancer researcher, that instead of being televised, took
his life, because as he wrote in his note, he had a fierce resentment
of being televised and he felt that he preferred death over being
assassinated by publicity.
As a result of that act and the common rules of the House maintained
by the precedents of Sam Rayburn, we folded into the reorganization
rules of the House in 1970 a permanent right that an average American
citizen, called upon to testify by a committee of this Congress
involuntarily, through subpoena, would have the right to protect their
privacy by not being displayed on tens of millions or hundreds of
millions of television sets and heard on the airwaves the world over;
that if they felt that their individual liberties would be impacted
that way, they should have a right to assert a right not to be
televised and not to be heard on radio.
Today, the Congress is about to strip that right away, even though I
understand that in some instances it has been used and abused. I think
an official of the United States Government should never have the right
to assert this. I suggested to the chairman of the Committee on Rules
that an amendment be in order that the person would have the right to
assert the right of privacy and not be televised, but that two-thirds
of the members of any investigating committee could overrule that
right, and in any instance where a Cabinet officer, an official of this
government were called, I would have been one of those two-thirds that
would override that right.
But instead, by carte blanche, we are going to change the rule and
say an individual involuntarily called to testify before this Congress,
regardless of the significance or insignificance of their testimony, is
going to have their privacy invaded to the extent that their picture
and voice can travel the world over, when on the other hand, and I
cited some of my friends on the other side, absolute hunting licenses
for irresponsible Members of this body now and in the future, who can
make any statement of fact in the presentation of their question and
slander or libel that American citizen, who will have no recourse in
law because we as Members of Congress are cloaked with absolute
immunity in the actions on this House floor or in the committee. I
think that unfairness is unforgivable and it is dastardly.
I will make the point, we are coming very close in this House to
tyranny by the majority. Mr. Speaker, the Constitution of the United
States and the laws of this land have not been written for the
protection of the majority. They have their protection in a system of
government such as ours. The Constitution and laws of this land are put
into place to protect the minority. Sometimes that minority is just one
individual who does not want to surrender his family, himself, his
reputation to degradation from irresponsible statements or
irresponsible publicity.
Before any Member on the Republican side or the Democratic side casts
their vote, just remember that this is really an issue of individual
rights in this country. We have life, liberty and the pursuit of
happiness. We have already had one life taken because of this fear. The
liberty now is at risk of a private citizen who just for any number of
reasons, good or bad, may not want to subject his family or himself to
the insult or the embarrassment of going public with any story. He may
not want to be subjected or libeled in public by an irresponsible
Member of Congress, or slandered. And we are going to do away with that
right and give no recourse to our private citizens.
I think it is a sad day in the Congress of the United States when we,
with all the might and power of the subpoena and all the might and
power that is placed in us by our fellow citizens in the Constitution,
feel that we must arm ourselves against the lowest of low individual,
the single individual who may want to protect his right to privacy.
Mr. GOSS. Mr. Speaker, I yield such time as he may consume to the
gentleman from Colorado, Mr. Dan Schaefer.
(By unanimous consent, Mr. Dan Schaefer of Colorado was allowed to
speak out of order.)
Removal of Name of Member as Cosponsor of H.R. 1173
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I ask unanimous consent to
have my name removed as a cosponsor of the bill, H.R. 1173.
The SPEAKER pro tempore (Mr. Snowbarger). Is there objection to the
request of the gentleman from Colorado?
There was no objection.
[[Page H10602]]
Mr. GOSS. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Illinois [Mr. Hyde], the chairman of the Committee on
the Judiciary.
(Mr. HYDE asked and was given permission to revise and extend his
remarks.)
Mr. HYDE. I thank the gentleman for yielding me this time.
Mr. Speaker, a democracy depends on an informed electorate. If the
information about how the government is being run or what the truth is
about controversial issues is withheld from the public, from the people
who are the ultimate governors in this representative democracy, we
have a flawed democracy.
When we only permit the print media to cover hearings, to cover
important testimony, we are depending then on the news as filtered
through the bias, the space limitations, the concerns of the journalist
to get the information. We deprive the public of the immediacy, the
graphic, unvarnished, spin-free version of the truth by not letting
them see with their own eyes. The Lucky Luciano rule is what this is,
back in the old days when the big boys did not want their pictures on
television, so they took pictures of their hands, as I recall, in the
Kefauver committee.
But it just seems to me we have here a classic conflict of rights.
One right is the right to privacy and the other is the right of the
people to know. And in that conflict, they both cannot prevail. In my
judgment, the right of the people to know is absolutely indispensable.
Yes, you can be abused. Yes, you can be slandered. You can be
slandered in the print media, you can be slandered in conversations and
certainly in campaigns. It seems to be the vogue. But I would hope in a
committee made up of Democrats and Republicans, somebody would have the
courage to defend the witness if somebody is being abusive.
I have seen Members of Congress be abusive to people. I have also
seen them shut up and be told they are liars and give as good as they
get and get as good as they give. I know if the gentleman from
Massachusetts [Mr. Moakley] were present or the gentleman from
Pennsylvania [Mr. Kanjorski] were present in a hearing and a witness
was being abused, they would not stand for it, and the abuser would not
come out unscathed.
This is not an easy question. This is a tough question. We have a
conflict of rights, a conflict of interest. But it seems to me the
paramount right is for the public to know, and they should not have to
rely on the narrow availability, the judgment, the taste, the writing
ability of print journalists. Not everybody can see those papers, not
everybody reads the paper every day. But you put the good old C-SPAN on
and you know what is going on. That is an advantage for democracy.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
This bill does not deprive the press in the room. Cameramen can be in
the room, television men can be in the room. They just cannot use their
devices. But they can reduce to writing what they hear. They can get
pictures of the person going into the committee and coming out of the
committee. The public's right to know is not stifled one iota here.
Mr. Speaker, I yield 3 minutes to the gentleman from Michigan [Mr.
Stupak].
(Mr. STUPAK asked and was given permission to revise and extend his
remarks.)
Mr. STUPAK. I thank the gentleman for yielding me this time.
Mr. Speaker, I oppose this resolution because I believe it is
necessary to give witnesses the right to protect their reputation by
preventing TV cameras and print photographers from a hearing. I do so
because of a hearing that took place last week which really magnified
the irresponsibility and the improperness of the majority's conduct
that the gentleman from Illinois [Mr. Hyde] just spoke of in
structuring their oversight investigations.
The problem is not necessarily the rule but how are we going to apply
it in our job as Members of the U.S. Congress. Every day the majority
party wants new investigations. Every day we have more and more calls
for investigations. What do you have when you have political people
doing political investigations? You get more politics. We do not get to
the truth of the matter but rather we get more and more politics. That
is what investigation and oversight has been used for in this Congress
with the new majority party.
I am a former law enforcement officer. I was trained to assure that
the accused of a crime, that their behavior was based on facts that
could prove the guilt or innocence of an individual. Unfortunately, the
majority's standards are much lower than that of law enforcement,
because the majority, and especially the chairman of the Subcommittee
on Oversight and Investigations of the Committee on Commerce, held a
hearing, and there were leaks before we had the hearing and they
promised with the leaks, to get the media there, that there would be a
smoking gun that would have the fingerprints of the Vice President on
it.
{time} 1930
That was to get everybody to show up, and, lo and behold, we go up to
the hearing, and we have a memo from the majority counsel once again
saying we are having a hearing, that, quote, and I am going to quote
from the memo by the majority party, there is no smoking gun which
opens us up to partisan criticism for engaging in a witch hunt.
And that is exactly what they did. They said in the same memo that,
we are going to make people come and testify under oath because, quote,
it forces key players to deny allegations of misconduct under oath,
and, I will quote again, it generates an enormous press opportunity for
us, end of quote.
Mr. Speaker, 40 years ago, the same kind of tactics took place by a
Senator from Wisconsin. He made a mockery of the congressional
investigations and of Congress itself, just like we had last week after
21 hours of testimony, not one scintilla, not one scant of evidence of
any wrongdoing, but these people were drawn before the TV cameras for
21 hours to deny their innocence.
The rule prohibiting the filming of testimony without the witness'
consent was adopted in response to what happened 40 years ago. It
should continue today because the same abuses occur by the majority
party.
Mr. Speaker, we should not be holding hearings so that witnesses are
forced to deny their innocence and for a press opportunity. I urge my
colleagues to oppose this resolution and stand up for a fair
investigatory process.
Mr. GOSS. Mr. Speaker, I yield to the gentleman from Alabama [Mr.
Callahan], the distinguished subcommittee chairman of the Committee on
Appropriations.
conference report on h.r. 2159, foreign operations, export financing,
and related programs appropriations act, 1998
Mr. CALLAHAN submitted the following conference report and statement
on the bill (H.R. 2159) making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 1998, and for other purposes:
Conference Report (H. Rept. 105-401)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2159) ``making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 1998, and for other purposes,'' having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
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
[[Page H10603]]
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 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 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 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.
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 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 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 per centum 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
[[Page H10604]]
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 such funds shall be
subject to the regular notification procedures of the
Committees on 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.
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 thirty 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 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 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 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
[[Page H10605]]
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 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 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
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 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.
(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 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.
(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.
(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 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
[[Page H10606]]
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 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.
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 not
later than sixty 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 Committee 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
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 with the Agreed
Framework: Provided further, That such funds may be
obligated to KEDO only if, thirty 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 thirty
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 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 the Korean Peninsula Energy Development
Organization, 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 the Korean Peninsula
Energy Development Organization (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 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
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 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 Secretary of
[[Page H10607]]
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 thirty
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, 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 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.
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.
[[Page H10608]]
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 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 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.
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, Antiterrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: 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 fifteen 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.
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
[[Page H10609]]
made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
SURPLUS COMMODITIES
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. 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 fifteen days in advance: Provided,
That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on
Appropriations are notified fifteen 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.
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 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. Section 25 of the Arms Export Control Act is
amended--
(1) in subsection (a), by striking ``Congress'' and
inserting in lieu thereof ``appropriate congressional
committees'';
(2) in subsection (b), by striking ``the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs of the House of Representatives'' and inserting in
lieu thereof ``any of the congressional committees described
in subsection (e)''; and
(3) by adding the following subsection:
``(e) As used in this section, the term `appropriate
congressional committees' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate
and the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives.''.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, Haiti, Liberia,
Pakistan, Panama, Peru, Serbia, Sudan, or the Democratic
Republic of Congo except as provided through the regular
notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. 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 thirty 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
[[Page H10610]]
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 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 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. The
President shall publish each waiver in the Federal Register
and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 528. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
COMPETITIVE INSURANCE
Sec. 529. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity to
bid for insurance when such insurance is necessary or
appropriate.
STINGERS IN THE PERSIAN GULF REGION
Sec. 530. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell or
otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control Act
or chapter 2 of part II of the Foreign Assistance Act of
1961.
DEBT-FOR-DEVELOPMENT
Sec. 531. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds made
available under this Act or prior Acts or local currencies
which accrue to that organization as a result of economic
assistance provided under title II of this Act and any
interest earned on such investment shall be used for the
purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 532. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapters 1 or 10 of part I
or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The 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 chapters 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used,
with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a
description of the economic policy reforms that will be
promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
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 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
[[Page H10611]]
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. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of
part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
competitive pricing for sales of defense articles
Sec. 535. Direct costs associated with meeting a foreign
customer's additional or unique requirements will continue to
be allowable under contracts under section 22(d) of the Arms
Export Control Act. Loadings applicable to such direct costs
shall be permitted at the same rates applicable to
procurement of like items purchased by the Department of
Defense for its own use.
EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO CLOSE THE SPECIAL DEFENSE
ACQUISITION FUND
Sec. 536. Title III of Public Law 103-306 is amended under
the heading ``Special Defense Acquisition Fund'' by striking
``1998'' and inserting ``2000''.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN FOUNDATION AND THE
AFRICAN DEVELOPMENT FOUNDATION
Sec. 537. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act. The appropriate agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
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 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; and
(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and
disappointing; and
(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 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 and 10 and 11
of part I, and chapter 4 of part II, of the Foreign
Assistance Act of 1961: Provided, That the President shall
take into consideration, in any case in which a restriction
on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United
States: Provided further, That before using the authority of
this subsection to furnish assistance in support of programs
of nongovernmental organizations, the President shall notify
the Committees on 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
[[Page H10612]]
the earmark is made impossible by operation of any
provision of this or any other Act or, with respect to a
country with which the United States has an agreement
providing the United States with base rights or base
access in that country, if the President determines that
the recipient for which funds are earmarked has
significantly reduced its military or economic cooperation
with the United States since enactment of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1991; however, before exercising the
authority of this subsection with regard to a base rights
or base access country which has significantly reduced its
military or economic cooperation with the United States,
the President shall consult with, and shall provide a
written policy justification to the Committees on
Appropriations: Provided, That any such reprogramming
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
ceilings and earmarks
Sec. 544. 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.
consulting services
Sec. 548. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 549. None of the funds appropriated or made available
pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Agency for International
Development.
Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism
Sec. 550. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
40(d) of the Arms Export Control Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance estimated to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 551. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
enactment of this Act shall be withheld from obligation for
such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 552. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this 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
sixty days after the date of enactment of this Act, and
every one hundred eighty 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 not later than 90
days after the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State, shall
submit a report to the Committees on Appropriations
describing potential alternative technologies or tactics and
a plan for the development of such alternatives to protect
anti-tank mines from tampering in a manner consistent with
the ``Convention on the Prohibition, Use, Stockpiling,
Production and Transfer of Anti-personnel Mines and on Their
Destruction''.
restrictions concerning the palestinian authority
Sec. 555. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 556. 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--
[[Page H10613]]
(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; or
(2) credits extended or guarantees issued under the Arms
Export Control Act;
(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 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 and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
restructuring''.
international financial institutions
Sec. 560. (a) Authorizations.--The Secretary of the
Treasury may, to fulfill commitments of the United States:
(1) effect the United States participation in the first
general capital increase of the European Bank for
Reconstruction and Development, subscribe to and make payment
for 100,000 additional shares of the capital stock of the
Bank on behalf of the United States; and (2) contribute on
behalf of the United States to the eleventh replenishment of
the resources of the International Development Association,
to the sixth replenishment of the resources of the Asian
Development Fund, a special fund of the Asian Development
Bank. The following amounts are authorized to be appropriated
without fiscal year limitation for payment by the Secretary
of the Treasury: (1) $285,772,500 for paid-in capital, and
$984,327,500 for callable capital of the European Bank for
Reconstruction and Development; (2) $1,600,000,000 for the
International Development Association; (3) $400,000,000 for
the Asian Development Fund; and (4) $76,832,001 for paid-in
capital, and $4,511,156,729 for callable capital of the
Inter-American Development Bank in connection with the eighth
general increase in the resources of that Bank. Each such
subscription or contribution shall be subject to obtaining
the necessary appropriations.
(b) Consideration of Environmental Impact of International
Finance Corporation Loans.--Section 1307 of the International
Financial Institutions Act (Public Law 95-118) is amended as
follows:
(1) in subsection (a)(1)(A) strike ``borrowing country''
and insert in lieu thereof ``borrower'';
(2) in subsection (a)(2)(A) strike ``country''; and
(3) at the end of Section 1307, add a new subsection as
follows:
``(g) For purposes of this section, the term `multilateral
development bank' means any of the institutions named in
Section 1303(b) of this Act, and the International Finance
Corporation.''.
(c) The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for
Reconstruction and Development and the International
Development Association to use the voice and vote of the
United States to strongly encourage their respective
institutions to--
(1) provide timely public information on procurement
opportunities available to United States suppliers, with a
special emphasis on small business; and
(2) systematically consult with local communities on the
potential impact of loans as part of the normal lending
process, and expand the participation of affected peoples and
nongovernmental organizations in decisions on the selection,
design and implementation of policies and projects.
sanctions against countries harboring war criminals
Sec. 561. (a) Bilateral Assistance.--The President is
authorized to withhold funds appropriated by this Act under
the Foreign Assistance Act of 1961 or the Arms Export Control
Act for any country described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury
should instruct the United States executive directors of the
international financial institutions to work in opposition
to, and vote against, any extension by such institutions of
financing or financial or technical assistance to any country
described in subsection (c).
(c) Sanctioned Countries.--A country described in this
subsection is a country the government of which knowingly
grants sanctuary to persons in its territory for the purpose
of evading prosecution, where such persons--
(1) have been indicted by the International Criminal
Tribunal for Rwanda, 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;
[[Page H10614]]
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.
limitation on assistance for haiti
Sec. 562. (a) Limitation.--None of the funds appropriated
or otherwise made available by this Act may be provided to
the Government of Haiti unless the President reports to
Congress that the Government of Haiti--
(1) is conducting thorough investigations of extrajudicial
and political killings;
(2) is cooperating with United States authorities in the
investigations of political and extrajudicial killings;
(3) has substantially completed privatization of (or placed
under long-term private management or concession) at least
three major public enterprises; and
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial
guard, and any other public security entity of Haiti those
individuals who are credibly alleged to have engaged in or
conspired to conceal gross violations of internationally
recognized human rights.
(b) Exceptions.--The limitation in subsection (a) does not
apply to the provision of humanitarian, electoral, counter-
narcotics, or law enforcement assistance.
(c) Waiver.--The President may waive the requirements of
this section on a semiannual basis if the President
determines and certifies to the appropriate committees of
Congress that such waiver is in the national interest of the
United States.
(d) Parastatals Defined.--As used in this section, the term
``parastatal'' means a government-owned enterprise.
requirement for disclosure of foreign aid in report of secretary of
state
Sec. 563. (a) Foreign Aid Reporting Requirement.--In
addition to the voting practices of a foreign country, the
report required to be submitted to Congress under section
406(a) of the Foreign Relations Authorization Act, fiscal
years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
by-side comparison of individual countries' overall support
for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal
year 1997.
(b) United States Assistance.--For purposes of this
section, the term ``United States assistance'' has the
meaning given the term in section 481(e)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
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 fifty
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.
(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 one hundred twenty 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 so
funds to the unit may be resumed.
limitations on transfer of military equipment to east timor
Sec. 571. In any agreement for the sale, transfer, or
licensing of any lethal equipment or helicopter for Indonesia
entered into by the United States pursuant to the authority
of this Act or any other Act, the agreement shall state that
the United States expects that the items will not be used in
East Timor: Provided, That nothing in this section shall be
construed to limit Indonesia's inherent right to legitimate
national self-defense as recognized under the United Nations
Charter and international law.
Transparency of Budgets
Sec. 572. Section 576(a)(1) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1997, as contained in Public Law 104-208, is amended to read
as follows:
``(1) does not have in place a functioning system for
reporting to civilian authorities audits of receipts and
expenditures that fund activities of the armed forces and
security forces;''.
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 U.S. 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
[[Page H10615]]
primarily benefits the nonsanctioned country, entity, or
canton and if the portion of the project located in the
sanctioned country, entity, or canton is necessary only to
complete the project;
(D) small-scale assistance projects or activities requested
by U.S. armed forces that promote good relations between such
forces and the officials and citizens of the areas in the
U.S. SFOR sector of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial institutions to
a country or entity to support common monetary and fiscal
policies at the national level as contemplated by the Dayton
Agreement; or
(G) direct lending to a non-sanctioned entity, or lending
passed on by the national government to a non-sanctioned
entity.
(2) Further limitations.--Notwithstanding paragraph (1)--
(A) no assistance may be made available by this Act, or any
prior Act making appropriations for foreign operations,
export financing and related programs, in any country,
entity, or canton described in subsection (d), for a program,
project, or activity in which a publicly indicted war
criminal is known to have any financial or material interest;
and
(B) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by
this Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in a community within any
country, entity or canton described in subsection (d) if
competent authorities within that community are not complying
with the provisions of Article IX and Annex 4, Article II,
paragraph 8 of the Dayton Agreement relating to war crimes
and the Tribunal.
(d) Sanctioned Country, Entity, or Canton.--A sanctioned
country, entity, or canton described in this section is one
whose competent authorities have failed, as determined by the
Secretary of State, to take necessary and significant steps
to apprehend and transfer to the Tribunal all persons who
have been publicly indicted by the Tribunal.
(e) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect
to specified bilateral programs or international financial
institution projects or programs in a sanctioned country,
entity, or canton upon providing a written determination to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on International Relations of the House of
Representatives that such assistance directly supports the
implementation of the Dayton Agreement and its Annexes,
which include the obligation to apprehend and transfer
indicted war criminals to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (e)(1), the Secretary
of State shall submit a report to the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee
on International Relations of the House of Representatives
regarding the status of efforts to secure the voluntary
surrender or apprehension and transfer of persons indicted by
the Tribunal, in accordance with the Dayton Agreement, and
outlining obstacles to achieving this goal.
(3) Assistance programs and projects affected.--Any waiver
made pursuant to this subsection shall be effective only with
respect to a specified bilateral program or multilateral
assistance project or program identified in the determination
of the Secretary of State to Congress.
(f) Termination of Sanctions.--The sanctions imposed
pursuant to subsections (a) and (b) with respect to a country
or entity shall cease to apply only if the Secretary of State
determines and certifies to Congress that the authorities of
that country, entity, or canton have apprehended and
transferred to the Tribunal all persons who have been
publicly indicted by the Tribunal.
(g) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-
Herzegovina, Croatia, and Serbia-Montenegro (Federal Republic
of Yugoslavia).
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina and the Republika Srpska.
(3) Canton.--The term ``canton'' means the administrative
units in Bosnia and Herzegovina.
(4) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(5) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia.
(h) Role of Human Rights Organizations and Government
Agencies.--In carrying out this subsection, the Secretary of
State, the Administrator of the Agency for International
Development, and the executive directors of the international
financial institutions shall consult with representatives
of human rights organizations and all government agencies
with relevant information to help prevent publicly
indicted war criminals from benefitting from any financial
or technical assistance or grants provided to any country
or entity described in subsection (d).
EXTENSION OF CERTAIN ADJUDICATION PROVISIONS
Sec. 574. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-
167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1997'' and
inserting ``1997, and 1998''; and
(B) in subsection (e), by striking ``October 1, 1997'' each
place it appears and inserting ``October 1, 1998''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 1997'' and inserting
``September 30, 1998''.
ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR
FOREIGN COUNTRIES
Sec. 575. (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. (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 international agreements on human rights and
religious freedoms to which the Russian Federation is a
party.
(b) This section shall become effective one hundred fifty
days after the enactment of this Act.
u.s. 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--
[[Page H10616]]
(1) to promote sovereignty and independence with democratic
government;
(2) to assist actively in the resolution of regional
conflicts;
(3) to promote friendly relations and economic cooperation;
(4) to help promote market-oriented principles and
practices;
(5) to assist in the development of infrastructure
necessary for communications, transportation, and energy and
trade on an East-West axis in order to build strong
international relations and commerce between those countries
and the stable, democratic, and market-oriented countries of
the Euro-Atlantic Community; and
(6) to support United States business interests and
investments in the region.
(c) Definition.--In this section, the term ``countries of
the South Caucasus and Central Asia'' means Armenia,
Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan,
Turkmenistan, and Uzbekistan.
PAKISTAN
Sec. 579. (a) OPIC.--Section 239(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2199(f)) is amended by
inserting ``, or Pakistan'' after ``China''.
(b) Trade and Development.--It is the sense of Congress
that the Director of the Trade and Development Agency should
use funds made available to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421) to promote United States exports to Pakistan.
Requirements for the Reporting to Congress of the Costs to the Federal
Government Associated with the Proposed Agreement to Reduce Greenhouse
Gas Emissions
Sec. 580. The President shall provide to the Congress a
detailed account of all Federal agency obligations and
expenditures for climate change programs and activities,
domestic and international, for fiscal year 1997, planned
obligations for such activities in fiscal year 1998, and any
plan for programs thereafter in the context of negotiations
to amend the Framework Convention on Climate Change (FCCC) to
be provided to the appropriate congressional committees no
later than November 15, 1997.
AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING
Sec. 581. (a) In General.--Section 235(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)) is amended--
(1) by striking paragraphs (1) and (2)(A) and inserting the
following:
``(1) Insurance and financing.--(A) The maximum contingent
liability outstanding at any one time pursuant to insurance
issued under section 234(a), and the amount of financing
issued under sections 234 (b) and (c), shall not exceed in
the aggregate $29,000,000,000.'';
(2) by redesignating paragraph (3) as paragraph (2); and
(3) by amending paragraph (2) (as so redesignated) by
striking ``September 30, 1997'' and inserting ``September 30,
1999''.
(b) Conforming Amendment.--Paragraph (2) of section 235(a)
of that Act (22 U.S.C. 2195(a)), as redesignated by
subsection (a), is further amended by striking ``(a) and
(b)'' and inserting ``(a), (b), and (c)''.
withholding assistance to countries violating united nations sanctions
against libya
Sec. 582. (a) Withholding of Assistance.--Except as
provided in subsection (b), whenever the President determines
and certifies to Congress that the government of any country
is violating any sanction against Libya imposed pursuant to
United Nations Security Council Resolution 731, 748, or 883,
then not less than 5 percent of the funds allocated for the
country under section 653(a) of the Foreign Assistance Act of
1961 out of appropriations in this Act shall be withheld from
obligation and expenditure for that country.
(b) Exception.--The requirement to withhold funds under
subsection (a) shall not apply to funds appropriated in this
Act for allocation under section 653(a) of the Foreign
Assistance Act of 1961 for development assistance or for
humanitarian assistance.
(c) Waiver.--Funds may be provided for a country without
regard to subsection (a) if the President determines that to
do so is in the national security interest of the United
States.
War Crimes Prosecution
Sec. 583. Section 2401 of title 18, United States Code
(Public Law 104-192; the War Crimes Act of 1996) is amended
as follows--
(1) in subsection (a), by striking ``grave breach of the
Geneva Conventions'' and inserting ``war crime'';
(2) in subsection (b), by striking ``breach'' each place it
appears and inserting ``war crime''; and
(3) so that subsection (c) reads as follows:
``(c) Definition.--As used in this section the term `war
crime' means any conduct--
``(1) defined as a grave breach in any of the international
conventions signed at Geneva 12 August 1949, or any protocol
to such convention to which the United States is a party;
``(2) prohibited by Articles 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.
(b) Civilian Participation.--The Secretary of State, in
consultation with the Secretary of Defense, should identify
sufficient numbers of qualified, non-military personnel from
countries in Latin America so that approximately 25 percent
of the total number of individuals from Latin American
countries attending United States supported IMET programs and
the Center for Hemispheric Defense Studies at the National
Defense University are civilians.
(c) Report.--Not later than twelve months after the date of
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall report in
writing to the appropriate committees of the Congress on the
progress made to improve military training of Latin American
participants in the areas of human rights and civilian
control of the military. The Secretary shall include in the
report plans for implementing additional expanded IMET
programs for Latin America during the next three fiscal
years.
AID TO THE GOVERNMENT OF the Democratic Republic of CONGO
Sec. 585. None of the funds appropriated or otherwise made
available by this Act may be provided to the central
Government of the Democratic Republic of Congo until such
time as the President reports in writing to the Congress
that the central Government of the Democratic Republic of
Congo is cooperating fully with investigators from the
United Nations in accounting for human rights violations
committed in the Democratic Republic of Congo or adjacent
countries.
ASSISTANCE FOR THE MIDDLE EAST
Sec. 586. Of the funds appropriated by this Act under the
headings ``Economic Support Fund'', ``Foreign Military
Financing'', ``International Military Education and
Training'', ``Peacekeeping Operations'', for refugees
resettling in Israel under the heading ``Migration and
Refugee Assistance'', and for assistance for Israel to carry
out provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 under the heading ``Nonproliferation,
Anti-Terrorism, Demining, and Related Programs'', not more
than a total of $5,402,850,000 may be made available for
Israel, Egypt, Jordan, Lebanon, the West Bank and Gaza, the
Israel-Lebanon Monitoring Group, the Multinational Force and
Observers, the Middle East Regional Democracy Fund, Middle
East Regional Cooperation, and Middle East Multilateral
Working Groups: Provided, That any funds that were
appropriated under such headings in prior fiscal years and
that were at the time of enactment of this Act obligated or
allocated for other recipients may not during fiscal year
1998 be made available for activities that, if funded under
this Act, would be required to count against this ceiling:
Provided further, That funds may be made available
notwithstanding the requirements of this section if the
President determines and certifies to the Committees on
Appropriations that it is important to the national security
interest of the United States to do so and any such
additional funds shall only be provided through the regular
notification procedures of the Committees on Appropriations.
agriculture
Sec. 587. The first proviso of subsection (k) under the
heading ``Assistance for the New Independent States of the
Former Soviet Union'' in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
contained in Public Law 104-208, is amended by striking ``not
less than'' and inserting in lieu thereof ``up to''.
ENTERPRISE FUND RESTRICTIONS
Sec. 588. Section 201(l) of the Support for East European
Democracy Act (22 U.S.C. 5421(l)) is amended to read as
follows:
``(l) Limitation on Payments to Enterprise Fund
Personnel.--
``(1) No part of the funds of an Enterprise Fund shall
inure to the benefit of any board member, officer, or
employee of such Enterprise Fund, except as salary or
reasonable compensation for services subject to paragraph
(2).
``(2) An Enterprise Fund shall not pay compensation for
services to--
``(A) any board member of the Enterprise Fund, except for
services as a board member; or
``(B) any firm, association, or entity in which a board
member of the Enterprise Fund serves as partner, director,
officer, or employee.
``(3) Nothing in paragraph (2) shall preclude payment for
services performed before the date of enactment of this
subsection nor for arrangements approved by the grantor and
notified in writing to the Committees on Appropriations.''.
Cambodia
Sec. 589. The Secretary of the Treasury should instruct the
United States Executive Directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Government of Cambodia,
except loans to support basic human needs.
export financing transfer authorities
Sec. 590. 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
[[Page H10617]]
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise
of such authority shall be subject to the regular
notification procedures of the Committees on
Appropriations.
development credit authority
Sec. 591. For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans and loan
guarantees in support of the development objectives of the
Foreign Assistance Act of 1961 (FAA), up to $7,500,000, which
amount may be derived by transfer from funds appropriated by
this Act to carry out part I of the Foreign Assistance Act of
1961 and funds appropriated by this Act under the heading
``Assistance for Eastern Europe and the Baltic States'', to
remain available until expended: Provided, That up to
$500,000 of the funds appropriated by this Act under the
heading ``Operating Expenses of the Agency for International
Development'' may be made available for administrative
expenses to carry out such programs: Provided further, That
the provisions of section 107A(d) (relating to general
provisions applicable to development credit authority) of the
Foreign Assistance Act of 1961, as added by section 306 of
H.R. 1486 as reported by the House Committee on International
Relations on May 9, 1997, shall be applicable to direct loans
and loan guarantees provided under this paragraph: Provided
further, That direct loans or loan guarantees under this
paragraph may not be provided until the Director of the
Office of Management and Budget has certified to the
Committees on Appropriations that the Agency for
International Development has established a credit management
system capable of effectively managing the credit programs
funded under this heading, including that such system: (1)
can provide accurate and timely provision of loan and loan
guarantee data; (2) contains information control systems for
loan and loan guarantee data; (3) is adequately staffed; and
(4) contains appropriate review and monitoring procedures.
authorization for population planning
Sec. 592. (a) Not to exceed $385,000,000 of the funds
appropriated in title II of this Act may be available for
population planning activities or other population
assistance.
(b) Such funds may be apportioned only on a monthly basis,
and such monthly apportionments may not exceed 8.34 percent
of the total available for such activities.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998''.
And the Senate agree to the same.
Sonny Callahan,
John Edward Porter,
Ron Packard,
Joe Knollenberg,
Mike Forbes,
Jack Kingston,
R.P. Frelinghuysen,
Bob Livingston,
Nancy Pelosi,
Sidney R. Yates,
Nita M. Lowey,
Esteban E. Torres,
David Obey,
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
R.F. Bennett,
Ben Nighthorse Campbell,
Ted Stevens,
Thad Cochran,
Patrick J. Leahy,
Daniel K. Inouye,
Frank R. Lautenberg,
Tom Harkin,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2159) making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30,
1998, submit the following joint statement to the House and
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying
conference report:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States Subsidy Appropriation
The conference agreement appropriates $683,000,000 for the
subsidy appropriation of the Export-Import Bank instead of
$632,000,000 as proposed by the House and $700,000,000 as
proposed by the Senate. The appropriations are available for
four years, and the level provided anticipates significant
participation by the Eximbank in the Partnership for Freedom.
The conferees note that the Administration requested
authority to transfer funds from ``Assistance for the New
Independent States of the Former Soviet Union'' to this
account, and that the Senate had provided transfer authority
of up to $22,000,000 for that purpose. The conference
agreement, instead, provides significant funding above the
request for Eximbank, without reserving any specific amount
for the New Independent States. The conferees expect that
Eximbank will coordinate its activity in the region with the
Special Advisor to the President and the Secretary of State
on Assistance to the New Independent States.
Authority is provided as proposed by the Senate for up to
$50,000,000 to be used for tied aid grants, and funds
designated in this or prior Acts for tied aid grants may be
used for other purposes, subject to notification.
A one year extension of the Export-Import Bank's basic
authority is included in title V.
Export-Import Bank of the United States Administrative Expenses
The conference agreement appropriates $48,614,000 for
administrative expenses of the Export-Import Bank as proposed
by the House instead of $46,614,000 as proposed by the
Senate.
Overseas Private Investment Corporation Program Account
The conference agreement appropriates $60,000,000 for
program expenses of the Overseas Private Investment
Corporation (OPIC) as proposed by the Senate. The House bill
contained no provision on this matter.
The conference agreement also extends the authorization for
OPIC for two years, in section 581, and allows the agency to
combine its existing statutory ceilings on financing and
insurance within an overall credit ceiling of $29,000,000,000
as proposed by the Senate.
The managers are concerned about the viability of projects
supported by OPIC in Gaza, and direct OPIC to move
expeditiously and report to the Committees no later than
December 15, 1997 on its efforts to resolve claims and
defaulted investments that the Executive branch encouraged to
locate in Gaza.
Trade and Development Agency
The conference agreement appropriates $41,500,000 for the
Trade and Development Agency instead of $43,000,000 as
proposed by the Senate and $40,000,000 as proposed by the
House.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Agency for International Development
Child Survival and Disease Programs Fund
The conference agreement appropriates $650,000,000 as
proposed by the House. The Senate bill contained no provision
on this matter. The managers agree with the House report
language regarding the use of the funds appropriated under
this heading, including $100,000,000 for a grant to UNICEF
and $25,000,000 for polio eradication. The grant for UNICEF
does not preclude AID from providing additional funding for
specific UNICEF projects as may be applicable.
The managers also concur with House and Senate report
language on infectious diseases. An increase of $50,000,000
is to be made available from funds under this heading to
strengthen global surveillance and control of infectious
diseases as proposed by the House instead of an increase of
$30,000,000 as proposed by the Senate in bill language under
``Development Assistance''.
The total amount available for infectious diseases in
fiscal year 1998 should be $207,000,000, consisting of
$121,000,000 for HIV/AIDS, $50,000,000 for this new
initiative, and the balance from funds to combat infectious
diseases derived from sources other than funding for Child
Survival activities.
In implementing programs, projects, and activities to
combat infectious diseases, the conferees agree with the
Senate report language and expect AID to consult closely with
the Appropriations Committees, the National Institute of
Allergy and Infectious Diseases of the National Institutes of
Health (NIH), the Centers for Disease Control and Prevention
(CDC), and other relevant agencies involved in international
health issues, including the World Health Organization (WHO).
The funding increase should be used for programs, projects,
and activities for the prevention and control of such
infectious diseases as tuberculosis, malaria, yellow fever,
acute respiratory infections, and diseases that are resistant
to antimicrobial drugs.
The conferees strongly encourage support for the Global
Tuberculosis Initiative, which is to be coordinated by the
World Health Organization (WHO) with support and input from
the U.S. Centers for Disease Control and the Agency for
International Development. Funds should be used in support of
the initiative to provide assistance in Eastern Europe and
Russia and other WHO identified ``hot zones''--Mexico,
Vietnam, the Philippines and Central America--for
implementation of the Directly Observed Treatment Strategy
(DOTS); as bridge funds to purchase fixed-dose combination
anti-TB drugs; to strengthen monitoring and surveillance of
tuberculosis and drug-resistant tuberculosis; to provide
technical support to limit drug-resistant tuberculosis hot
zones; and to enhance information dissemination,
education, and research programs. In addition, the
conferees support the plan for a regional tuberculosis
control initiative proposed by the Gorgas Memorial
Institute and recommend that $2,000,000 be made available
for this activity in Latin America and Southeast Asia.
Finally, the conferees urge AID to consult closely with
any nongovernmental organizations (NGO's) with
demonstrated expertise and long-standing experience in
international tuberculosis control as funds in the area of
TB control are obligated.
The conferees intend that a total of $121,000,000 shall be
made available for both bilateral and multilateral HIV/AIDS
prevention and control programs. The conferees recommend that
funding through nongovernmental and private voluntary
organizations operating at the community level be maximized,
and that U.S. funding for UNAIDS be
[[Page H10618]]
maintained. The conferees expect that the United States will
continue to build upon its leadership role in combating this
pandemic.
The conferees recommend that $98,000,000 be provided for
basic education programs. The conferees support the use of
basic education funds to address the educational needs of
children who are in or have been subjected to situations of
hazardous and exploitative labor.
The conferees support the Senate report language regarding
the International Foundation for Education and Self-Help
(IFESH).
Development Assistance
(including transfer of funds)
The conference agreement appropriates $1,210,000,000 for
``Development Assistance'' instead of $1,167,000,000 as
proposed by the House and $1,358,093,020 as proposed by the
Senate.
The conference agreement includes language from the Senate
amendment which inserts authority to obligate funds pursuant
to title V of the International Security and Development
Cooperation Act of 1980 (African Development Foundation), and
section 401 of the Foreign Assistance Act of 1969 (Inter-
American Foundation) under this heading. The conference
agreement provides authority apportioning directly up to
$22,000,000 for the Inter-American Foundation and up to
$14,000,000 for the African Development Foundation. The
Senate provided allocations for these two foundations at
levels of $20,000,000 and $11,500,000, respectively. The
House bill had provided separate appropriations accounts for
the foundations, together with authority to provide grants to
the foundations under ``Development Assistance''.
The conferees support the House report language regarding
the funding levels for Latin America and the Caribbean and
for sub-Saharan Africa. The conferees also note that sub-
Saharan Africa is undergoing major transitions that require
creative and non-traditional approaches to dealing with
fundamental development issues.
Institution-building and capacity-building are the most
pressing problems that need to be addressed by AID programs
in Africa. Therefore the conferees are concerned that large
non-project assistance programs (NPA), such as the one
currently being funded for Malawi (which has received nearly
$700,000,000 in AID resources since 1962), could perpetuate
aid dependencies. The conferees request that AID undertake a
thorough review of such assistance programs to determine
whether or not current AID strategies are consistent with
building self-reliance, and to report to the Committees on
Appropriations on the results of such review by March 1,
1998. In addition, the conferees request that AID include a
summary of proposed NPA by country in the fiscal year 1999
budget request, including an indication for the reason such
assistance is being proposed in lieu of assistance to build
institutions and country-capacity and whether past NPA has
resulted in higher economic growth and a decrease in
development dependence.
The conferees concur with the House report language
encouraging AID to utilize funds made available for
nongovernmental organizations in southern and eastern Sudan
outside government control to include capacity building
activities in addition to traditional disaster relief
programs.
The conferees agree with language in the House report that
expresses concern over the decline in recent years of
budgetary resources that have been made available for
international agriculture development assistance. The decline
of this important segment of U.S. assistance, together with
the corresponding decline in the number of international
agriculture experts at AID and the State Department, should
be reversed. The conferees also strongly support funding for
collaborative research support programs (CRSP's).
The conference agreement also includes language allowing
not to exceed $2,500,000 to be transferred to ``International
Organizations and Programs'' for a contribution to the
International Fund for Agricultural Development (IFAD). The
Senate amendment contained similar language. The House bill
contained no provision on this matter. The conferees note
that IFAD has many years of experience in working with
smallholder farmers, and in microenterprise development, to
alleviate poverty and hunger among the rural poor. Many of
AID's goals and program initiatives are similar to those of
IFAD. The conferees encourage AID to examine how it could
work more closely with IFAD.
The conferees direct that not less than $500,000 shall be
made available for support of the United States
Telecommunications Training Institute, in accordance with
information received from the Agency for International
Development. This organization provides valuable
communications and broadcast training to professionals around
the world. The Senate amendment included bill language
mandating that such funds be made available for this purpose.
The House bill did not address this matter.
The conference agreement does not contain Senate language
requiring that not less than $15,000,000 shall be available
only for the American Schools and Hospitals Abroad (ASHA)
program. However, the managers direct the Agency for
International Development to fully uphold its commitment to
the Appropriations Committees to obligate at least
$15,000,000 for the American Schools and Hospitals Abroad
program in fiscal year 1998.
The conference agreement recommends $14,000,000 for AID's
Office of Women in Development, and the managers encourage
AID to undertake the institutional changes needed to expand
support for women in development and to provide appropriate
support for the Girls' and Womens' Education Initiative.
The conferees note the contribution of the Leahy War
Victims Fund in assisting war victims in over a dozen
countries since its inception in 1989. Recently, world
attention has focused increasingly on the problem of
landmines, and the need for additional funds for the care and
rehabilitation, including social and economic reintegration,
of landmine victims. Accordingly, the conferees recommend
that up to $7,500,000 be made available for such activities.
The conference agreement also includes Senate language to
allow not to exceed $25,000 for oversight of assistance
programs for displaced and orphaned children and victims of
war.
The conference agreement also deletes Senate language
requiring that not less than 65 percent of the funds made
available for family planning assistance shall be made
available directly to the agency's central Office of
Population. However, the managers strongly support AID's
central population office, which plays a vital role in AID's
efforts to stabilize global population growth rates.
The managers agree with the Senate report language on
microenterprise regarding poverty lending programs, including
the allocation of $135,000,000 for such purposes.
The managers strongly support the fertilizer-related
research and development being conducted by the International
Fertilizer Development Center (IFDC) and direct the
Administrator of AID to make at least $3,000,000 available
for the core grant to IFDC.
The conference agreement prohibits funds from being made
available for any activity in contravention to the Convention
on International Trade in Endangered Species of Flora and
Fauna (CITES).
The conferees recognize the importance of commercial law
reform in the Caribbean as an essential part of future
business development and increased trade between the United
States and the region, and strongly support the business
facilitation activities undertaken by the Caribbean Law
Institute.
The conferees endorse the House report language on proposed
cooperation between AID and the National Aeronautics and
Space Administration, including the establishment of a
collaboration with NASA's Global Hydrology and Climate
Center.
The conferees recognize that the volunteers of the
International Executive Service Corps (IESC) promote the
long-term interests of the United States by creating new
businesses, increasing employment, and raising living
standards. Therefore the conferees strongly urge AID to
provide IESC with grant funds at a level comparable with
fiscal year 1997 to ensure the continued availability of
their services worldwide, and an additional amount to enable
the organization to renew activities in Latin America and the
Caribbean.
The conferees support the scholarship programs known as the
Cooperative Association States for Scholarships (CASS) and
expect AID to continue funding for this program at the same
level provided in fiscal year 1997.
The conferees also support the continuation of AID's
programs in Yemen, which are helping that country make the
transition to democracy.
Population, Development Assistance
The conference agreement deletes Senate language proposing
a separate appropriations account of $435,000,000 for
development assistance population activities. The funding for
such activities is provided as part of the ``Development
Assistance'' account in the conference agreement.
Private and Voluntary Organizations
The conference agreement includes language from the Senate
amendment providing that funds appropriated under title II of
this Act should be made available to private and voluntary
organizations (PVO's) at a level which is at least equivalent
to the level provided in fiscal year 1995. The House bill
included similar language.
Cyprus
The conference agreement includes Senate language providing
that not less than $15,000,000 of the funds appropriated
under ``Development Assistance'' and ``Economic Support
Fund'' be made available for Cyprus, to be used only for
scholarships, administrative support, bicommunal projects,
and measures aimed at reunification of the island. The House
bill contained no provision on this matter.
Burma
The conference agreement includes a total of $5,000,000
from ``Development Assistance'' and ``Economic Support Fund''
to support democracy and humanitarian programs in Burma. Such
funds may be made available notwithstanding any other
provision of law and are subject to notification. The Senate
amendment specified the uses for the funds and the funding
source was limited to ``Development Assistance''. The House
bill contained no provision on this matter.
The conferees have provided assistance to support
activities designed to restore democracy in Burma and to
provide humanitarian programs for Burmese exiles and
refugees. The assistance has been provided to underscore U.S.
support for Aung San Suu Kyi and her supporters.
The conferees note strong concern about the severe
restrictions imposed on Aung San
[[Page H10619]]
Suu Kyi. Although not under formal arrest, she is unable to
move about freely and visitors must be approved by the State
Law and Order Restoration Council. As a result, family,
friends, associates, journalists and advocates for restoring
her to office have been denied access. In addition, she has
drawn public attention to the continuation of a campaign of
violence, intimidation and terror being waged against her
party members with the goal of destroying the democratic
opposition.
The conferees expect that not less than $3,000,000 of the
funds made available for Burma be provided to support
democracy activities and $2,000,000 be provided to support
humanitarian initiatives along Burma's borders. The conferees
oppose any expenditure of funds in Burma.
Guatemala Clarification Commission
The conference agreement does not include language from the
Senate amendment providing that not less than $1,000,000
shall be made available to support the Guatemala
Clarification Commission. The House bill did not address this
matter.
The conferees support the provision of sufficient funds to
enable the commission to complete its work, and urge the
Department of State to closely monitor the commission's
resource needs and to seek additional support from other
donors.
cambodia
The conference agreement includes language prohibiting
funds for the Government of Cambodia, except for support for
demining, humanitarian assistance, and elections. In
addition, the conference agreement includes a provision
similar to that in the Senate amendment requiring a report
from the President on the results of the investigation of the
Federal Bureau of Investigation into the bombing attack in
Phnom Penh of March 20, 1997.
The House bill had two provisions on this matter; one would
have prohibited funding directly to the Government of
Cambodia, and one would have prohibited funding to the
Government and funding through international financial
institutions for Cambodia. The Senate amendment included a
prohibition on funding for activities and programs in
Cambodia except under certain conditions, and also made
United States support for loans through international
financial institutions dependent on similar conditions.
Political violence in Cambodia reached a crisis point in
July when forces loyal to Second Prime Minister Hun Sen
seized control and ousted First Prime Minister Ranariddh from
both the coalition government and the country. Subsequent to
this takeover, Hun Sen forces engaged in a systematic
campaign of summary executions, torture and kidnappings, much
of which has been verified and documented in an August 21,
1997, United Nations Center for Human Rights report.
In response to these events, the Secretary of State
announced a temporary suspension and review of U.S.
assistance programs. The conferees believe that, in effect,
Hun Sen gained power by a coup which would normally require
the termination of U.S. assistance under section 508 of this
Act.
To assure no assistance is provided to Hun Sen or his
supporters, the conferees have prohibited most bilateral aid
for the Government of Cambodia. The Secretary of the Treasury
should instruct U.S. Executive Directors to international
financial institutions to use the voice and vote of the
United States in opposition to loans to Cambodia.
In restricting bilateral aid, the conferees have exempted
demining, elections and humanitarian programs which directly
benefit Cambodia's citizens. The conferees hope that Hun
Sen's opponents will be allowed to return to Cambodia and
safely participate in open, fair elections. The conferees
expect the Committees on Appropriations to be notified prior
to the initiation or renewal of any program in Cambodia.
International Disaster Assistance
The conference agreement appropriates $190,000,000 for
``International Disaster Assistance'' as proposed by the
House instead of $195,000,000 as proposed by the Senate.
The conferees support the House report language on
activities in Kosova and assistance for internally displaced
persons in Northern Iraq.
Debt Restructuring
The conference agreement appropriates $27,000,000 as
proposed by the House instead of $34,000,000 as proposed by
the Senate.
The agreement includes language to allow modification of
concessional loans made under section 411 of the Agricultural
Trade Development and Assistance Act of 1954, the Commodity
Credit Corporation Charter Act, the Food for Peace Act of
1966, or the Agricultural Trade Act of 1978, to Latin
American countries which have completed Paris Club debt
agreements. Debt relief for Jordan was completed in fiscal
year 1997, and therefore language affecting Jordan in the
House bill and Senate amendment has been deleted.
The conference agreement on legislative language follows
the House in not retaining the proposed requirement for
notifications for the obligations of funds from this account.
In lieu of the House report language request for quarterly
reports on obligations made from this account, the conferees
request the following actions for debt restructuring activity
in this account:
1. on the basis of final appropriations action, an annual
notification should be provided at the beginning of the
fiscal year listing expected poorest country debt reduction
and buyback/swap activities for the upcoming fiscal year;
2. the Committees on Appropriations should be informed
should action subsequently be anticipated for additional
countries, or involve deeper relief;
3. signed bilateral agreements to implement bilateral
agreements should be submitted to the Committees on
Appropriations prior to the entry into force of such
agreements; and
4. a final report should be provided at the end of the
fiscal year listing Paris Club ad referendum agreements,
signature and/or entry into force of bilateral debt reduction
agreements, obligation of funds for poorest country debt
reduction, and buyback/swap agreements concluded during the
fiscal year.
The conference agreement also provides up to $1,500,000 for
the Department of Treasury to improve the foreign credit
reporting system of the U.S. Government.
Urban and Environmental Credit Program Account
The conference agreement incorporates House language
allowing for funds under this heading to be used for the cost
of guaranteed loans designed to promote the urban and
environmental policies and objectives of part I of the
Foreign Assistance Act. The Senate amendment did not contain
such language.
Operating Expenses of the Agency for International Development
The conference agreement appropriates $473,000,000 as
proposed by the Senate instead of $468,750,000 as proposed by
the House.
The conferees are very concerned about the lack of progress
in the implementation of the New Management System (NMS) and
request that AID regularly report to the Committees on
Appropriations on the status of this program.
Economic Support Fund
The conference agreement appropriates $2,400,000,000
instead of $2,541,150,000 as proposed by the Senate and
$2,375,000,000 as proposed by the House.
the middle east
The conference agreement inserts language proposed by the
Senate which earmarks $1,200,000,000 for Israel, $815,000,000
for Egypt and $150,000,000 for Jordan. The conference
agreement also provides that aid to Egypt is provided with
the understanding that Egypt will undertake significant
economic reforms and that in providing aid to Egypt and
Israel the President shall ensure the level of aid does not
cause an adverse impact on the total level of non-military
exports from the United States to each country.
The conference agreement inserts language proposed by the
House which provides that of the funds made available in
previous Acts making appropriations for foreign operations,
export financing, and related programs, notwithstanding any
provision of any similar heading in such previous Acts, up to
$116,000,000 may be made available to support Economic
Support Fund programs and activities, including the Middle
East Peace and Stability Fund. The language also provides
that the President should seek to ensure to the extent
feasible that not more than 1 percent ($54,000,000) of the
amount specified in section 586 shall be derived from any
single country. The conference agreement further provides
that any funds provided to the Middle East Peace and
Stability Fund by a country in the region pursuant to the
general authorities of section 635(d) of the Foreign
Assistance Act of 1961, as well as funds made available for
Jordan from previous Act, shall count toward meeting the
earmark for Jordan. In addition, the conference agreement
stipulates that up to $10,000,000 in fiscal year 1997 funds
reprogrammed for Jordan shall also count toward the Jordan
earmark in fiscal year 1998. The conference agreement also
includes language modifying certain notification requirements
in order to facilitate the implementation of the authorities
provided under this heading and the requirements of section
586, ``Assistance for the Middle East.''
haiti
The conference agreement strikes language proposed by the
Senate earmarking not less than $500,000 for the Special
Investigative Unit (SIU) of the Haiti National Police and
providing that up to $250,000 may be made available to assist
orphanages in Haiti. The managers expect not less than
$500,000 be made available to the SIU and concur with the
Senate that a professional SIU, fully supported by its
Government, is essential to the rule of law in Haiti and that
programs to assist Haitian children in orphanages should be
continued under the current dire economic conditions in
Haiti. No later than 45 days after enactment of this Act, the
Secretary of State is requested to report to the Committees
on the proposed fiscal year allocation for these programs in
Haiti.
palestinian-israeli cooperation
The conferees recommend that $500,000 be made available to
support the Palestinian-Israeli Cooperation Program to
promote better understanding and mutual respect between
Israelis and Palestinians at a time when the Middle East
Peace process is threatened by violence and terrorist acts.
iraq
The conferees note that the people of Iraq continue to
suffer under the repressive rule of Saddam Hussein, despite
efforts of the international community to provide
humanitarian assistance to the truly needy in Iraq.
[[Page H10620]]
In particular, the conferees are concerned that
humanitarian assistance provided by private religious and
charitable groups may not be reaching intended
beneficiaries in Iraq. The conferees direct the Department
of State to work with these groups to coordinate
monitoring activities and to apply international pressure
to make certain that innocent victims in Iraq are not
denied humanitarian assistance provided by private
charitable organizations.
timber trade in thailand and cambodia
The conferees remain very concerned by reports that despite
efforts by the Administration and Thai officials to deter the
export of timber from Cambodia through Thailand, this illegal
trade continues and may be increasing due to recent political
turmoil in Cambodia. Reports implicate Cambodian political
and military officials, as well as Thai border guards in this
profitable trade. Although the conferees have not repeated
past conditions on assistance to Thailand, the conferees
expect the Administration to use its influence with both the
Thai and Cambodian authorities to produce concrete results in
stemming this illegal trade.
guatemala
Authority is provided to use local currency generated by
AID programs, in Guatemala to prepay the debts owed by
several universities to multilateral development banks. Full
repayment of the debt was made for many years, until
devaluation of the local currency made prompt repayment in
hard currency extremely difficult. The affected institutions
have made major contributions to the peace and reconciliation
process in Guatemala, and the authority is provided in
recognition of that fact. Similar authority was provided for
El Salvador in 1992.
south pacific regional fisheries treaty
The conferees note that the South Pacific Regional
Fisheries Treaty requires the United States to contribute
$14,000,000 annually to the South Pacific Island states and
expect that this treaty obligation will be met.
international fund for ireland
The conference agreement appropriates $19,600,000 for the
``International Fund for Ireland'' as proposed by the House.
The Senate amendment did not contain a provision on this
matter.
Assistance for Eastern Europe and the Baltic States
The conference agreement appropriates $485,000,000 as
proposed by the Senate instead of $470,000,000 as proposed by
the House.
The conference agreement includes House language deleted by
the Senate that prohibits funds from being used for new
housing construction or repair or reconstruction of existing
housing in Bosnia and Herzegovina unless directly related to
efforts of United States troops to promote peace in said
country. The agreement also includes language, similar to
that contained in both the House bill and the Senate
amendment, that authorizes the President to withhold funds
made available for economic revitalization for Bosnia and
Herzegovina if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and
Herzegovina is not in compliance with the Dayton agreement
regarding the removal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between Iranian and Bosnian officials has
not been terminated.
The conference agreement retains language from the House
limiting the assistance for Bosnia and Herzegovina to
$200,000,000. However, this limitation excludes funds for
police training and related expenses. The conference
agreement includes up to $15,000,000 for this purpose. The
conferees endorse the House report language encouraging the
State Department to seek funds from other nations for police
training activities in Bosnia, and expect that any proposal
to provide more than $15,000,000 for police training and
related expenses will be subject to notification.
The conference agreement also includes House language not
in the Senate amendment to allow for up to $7,000,000 for
modifying direct loans and loan guarantees for Bosnia and
Herzegovina.
The conferees recognize that realtors in the United States
have had success in working with the Eastern Europe Real
Property Foundation. Building and privatizing real estate
markets is still a priority in building a free and democratic
economy. The conferees recommend funding at up to $2,000,000
over the next two years to continue to develop professional
associations with ethics and laws that will lead to a private
real estate market throughout Central Europe.
The conferees recommend that AID and the Department of
State make best efforts to provide funding at the fiscal year
1996 level for the Russian, Eurasian, and East European
Research and Training Program (title VIII), both in this
account and in ``Assistance for the New Independent States
of the Former Soviet Union''.
Assistance for the New Independent States of the Former Soviet Union
The conference agreement appropriates $770,000,000 instead
of $625,000,000 as proposed by the House and $800,000,000 as
proposed by the Senate. The conferees did not include Senate
language that allowed for the transfer of up to $22,000,000
to the Export-Import Bank and up to $8,000,000 to the Micro
and Small Enterprise Program of AID.
russia-iran
The conference agreement provides that fifty percent of the
funds allocated for the Government of Russia 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 certain goods and services
related to nuclear and ballistic missile programs in Iran.
The managers also include a provision allowing the President
to waive the provisions of the paragraph if he finds that
continuing assistance to the Government of Russia is vital to
the national security interests of the United States and that
the Government of Russia is taking meaningful steps to limit
major supply contracts and curtail the transfer of
technology. The Senate had no similar waiver provision.
gazprom financing
The manages understand that the Chairman of the Export
Import Bank signed a memorandum of understanding with Gazprom
in 1994 providing up to $750 million in guarantees of
commercial loans for the purchase of American equipment and
services to improve the efficiency and productivity of
Russian oil and gas fields. Since implementation, the Bank
has approved or has under consideration $338 million in
financing.
In 1996, the Iran Libya Sanctions Act went into effect
requiring the President to impose sanctions against companies
which invest more than $20 million in the development of
Iran's energy sector. The managers are concerned by reports
that Gazprom has agreed to participate in a $2 billion
project to develop Iranian energy fields. The managers
strongly oppose the use of Bank financing to directly or
indirectly support the development of Iranian gas and oil
fields and urge the Board of the Bank to suspend all Gazprom
transactions for a period of review to assure no funds are
used for these purposes.
ukraine
The conference agreement earmarks $225,000,000 for Ukraine
with the understanding that Ukraine will undertake
significant economic reforms which are additional to those
which were undertaken in previous years.
The conferees take note of important developments which
have enhanced stability in Ukraine including the introduction
of a new currency, passage of a Constitution and completion
of a new NATO-Ukraine security agreement. The conferees take
note of President Kuchma's recent initiatives to combat
corruption, privatize state owned, enterprises and replace
senior officials opposed to serious reforms. While welcome,
these efforts must be expanded and measured by immediate,
concrete progress on legal, political and economic reforms.
Reforms, especially in the agriculture sector, are essential
if U.S. and multilateral assistance is to achieve meaningful
results. Without them, it will be difficult for Ukraine to
prosper and secure its political independence.
To encourage results, the conferees have withheld 50
percent of the funding for Ukraine until the Secretary of
State is able to certify that specific cases involving U.S.
companies have been resolved. The conferees have taken this
action with the view that the private sector is key to
Ukraine's economic growth. Resolution of these cases, as well
as similar complaints by Ukrainian firms, and improvements in
the legal system are necessary if Ukraine is to restore
private sector confidence and attract investment capital.
With parliamentary elections scheduled in March 1998, the
managers strongly support expanded political party training
and election-related activities to encourage informed
participation and an open, fair process. The conferees remain
concerned that the current Rada has opposed many of President
Kuchma's reform initiatives. The conferees note that the
outcome of the elections could have a significant impact on
the future assistance program as well as private sector
investment.
The managers expect that not less than $25,000,000 of the
funds allocated to Ukraine be transferred to the Department
of Energy's International Nuclear Safety Program for
simulators, training, and safety analysis at nuclear reactors
in Ukraine. The managers direct the Department of Energy's
INSP office to consult with the Senate and House committees
prior to any allocation of funds. The conference agreement
also includes language modifying prior year language on
nuclear safety analyses to extend the time available for such
activities in Ukraine.
The conference has deleted House language terminating
assistance to the Government of Ukraine if the President
determines and reports to the Committees that the Government
of Ukraine is engaged in military cooperation with the
Government of Libya. There was no similar Senate provision,
and the conferees have been assured by the State Department
that there is no cooperation with Libya at the present time.
The managers caution Ukraine to move immediately to halt any
and all transfers of weapons to terrorist states.
commercial law reform
The Senate version of the bill included $25,000,000 for
commercial law reform in Ukraine. The House bill did not
include such a provision.
The conferees express strong support for commercial law
reform in Ukraine. The conferees strongly urge AID to set
aside funds
[[Page H10621]]
for comprehensive legal restructuring in Ukraine necessary to
support a decentralized market-oriented economic system,
including the enactment of all necessary substantive
commercial law procedures, the implementation of reforms
necessary to establish an independent judiciary and bar, the
education of judges, attorneys, law students, and related
public education.
southern caucasus region
The conference agreement provides for a new Southern
Caucasus Region funding category that is not contained in the
House bill or Senate amendment. The managers seek to make the
maximum use of American assistance as an incentive for the
regional parties to cooperate with the Minsk Group and other
international mediators seeking to bring peace to the South
Caucasus. The managers are convinced that the ready
availability of international reconstruction aid, including
the potential U.S. initial contribution provided in this
conference agreement, will encourage leaders to make peace.
The managers intend that emphasis be placed on restoring
transportation, telecommunications, an other infrastructure
that promote regional economic integration.
The managers include in the $250,000,000 made available for
the Southern Caucasus specific funding for three areas of
United States national interest in the region:
(1) up to $70,000,000 to aid the refugees and internally
displaced persons affected by the conflicts in the Caucasus,
and if feasible, provide the United States share of an
international effort to reconstruct the regions most affected
by the conflict once interim settlements are agreed to. The
managers direct the Coordinator to move forthwith to provide
assistance of $12,500,000 for victims of the Nagorno-Karabakh
conflict and $5,000,000 for victims of the Abkhazia conflict;
(2) the amount of $87,500,000 for Armenia (not including,
under the previous category, aid for Armenians residing
outside the boundaries of Armenia), a country in the center
of a volatile region that cannot prosper without renewed
trade and communications with its sometimes hostile
neighbors; and
(3) the amount of $92,500,000 for Georgia (not including,
under the previous category, aid for Georgians displaced from
Abkhazia) a key country providing regional leadership for
conflict resolution and economic reform. Training and
infrastructure support for customs and border control by
Georgian officials should be a high priority for use of these
funds.
In order to facilitate United States leadership in the
Minsk Group process, the managers have included in the
conference agreement language renewing Congressional concern
about blockades of Armenia, but have exempted humanitarian
aid to refugees and displaced persons throughout the Southern
Caucasus from restrictions imposed by the FREEDOM Support
Act. This should facilitate American assistance to residents
of Nagorno-Karabakh as well as persons displaced from
neighboring regions of Azerbaijan.
The bill again contains language which restates section 907
of the FREEDOM Support Act (P.L. 102-511). The managers
recognize that restrictions contained in section 907 are
applicable to assistance to the Government of Azerbaijan.
The conference agreement does not exempt reconstruction aid
from the restrictions imposed by the FREEDOM Support Act. The
managers assume that in the event that an interim settlement
is reached with regard to Nagorno-Karabakh, any blockades
will be lifted and the President will be in a position to
make the determination necessary to lift such restrictions.
In addition to provisions included in prior year
Appropriations Acts, the conference agreement allows for
limited support for United States commercial entities, as
proposed by the Senate, by clarifying that the Foreign
Commercial Service and the Trade and Development Agency can
function in Azerbaijan. Both House and Senate provisions
relating to the Export-Import Bank were deleted from the
conference agreement.
It is the intent of the conferees that in the case of any
assistance funded or otherwise provided pursuant to this Act,
the direct beneficiaries of which are required by law to be
United States entities (e.g., in which guaranties or
insurance are provided to U.S. entities), such assistance
shall not be considered assistance to a foreign country or
government, and therefore is not covered by restrictions on
such assistance.
In order to provide flexibility for the Executive branch,
the conference agreement includes a provision allowing the
Secretary of State to use up to $43,750,000 from the Southern
Caucasus funding category for other areas of the former
Soviet Union, if she reports to Congress that the full amount
cannot be effectively utilized. The managers anticipate that
this provision would be used only if an interim settlement
proposed by the Minsk Group is not agreed to by May 30, 1998.
armenia
Because of concern about the impact of the continuing
physical isolation of Armenia from several of its neighbors
and the uneven performance of her economy, the conferees
direct that the Agency for International Development and
other United States Government agencies provide no less
than $82,500,000 for technical and humanitarian assistance
requested by the Government of Armenia and qualified non-
governmental organizations in Armenia. This level of
assistance is provided with the understanding that Armenia
will undertake significant economic reforms which are
additional to those which were undertaken in previous
years.
As Armenian Prime Minister Kocharian recently stated,
``further economic growth largely depends on foreign
investment and from that point of view, the role of the
Armenian diaspora can scarcely be overestimated.'' Without a
favorable investment climate, no amount of American
Government assistance will bring prosperity to Armenia or its
neighbors.
georgia
Because of the constructive role undertaken by Georgia in
attempting to resolve regional conflicts and its economic and
democratic progress, the conferees direct that the Agency for
International Development and other United States Government
agencies provide no less than $87,500,000 for technical,
security, and humanitarian assistance requested by the
Government of Georgia and qualified non-governmental
organizations in Georgia.
lack of priority for health, population, and environment programs
The conferees are distressed that the NIS assistance
program has made Health, Population, and Environment projects
a low priority. Virtually all of the New Independent States
have severe health and environmental problems. Unfortunately,
the positive changes in the areas of democratization and
privatization in these republics has been accompanied by a
steady deterioration in the quality of health care. Health
indicators in virtually all republics reflect this trend. Few
if any environmental guidelines or laws exist in the NIS
republics, and there is little capacity to implement them
even where there do exist. A low percentage of women in the
NIS have access to family planning services. Dramatic
reductions in abortion rates have been achieved in areas
where U.S. resources have been made available for such
services.
The conferees have agreed to provide a $145,000,000 or 23
percent increase in the funds for the NIS program for fiscal
year 1998. The magnitude of the problems mentioned above
should not prevent the Coordinator from devoting additional
resources to them, particularly in light of the large
increase in the NIS account. The conferees expect the
priorities reflected in the fiscal year 1998 NIS program,
including the Partnership for Freedom, to be revisited and
that significant additional resources will be devoted to the
Health, Population, and Environmental programs.
russian far east
The Russian Far East is widely recognized as vital to the
overall development of the Russian Federation's economy. Its
rich natural resource base and proximity to robust Pacific
rim economies have attracted the attention of many
international companies, but the investment climate remains
difficult because of governance issues in the region.
The Russian Far East presents a unique set of investment
opportunities which have been overlooked in past United
States economic cooperation initiatives in Russia. As the
Partnership for Freedom program will designate selected
regions in the Russian Federation as especially attractive
for American investment, the managers direct the Coordinator
to designate at least one such region in the Russian Far
East. The conferees also urge the Board of the United States
Russia Investment Fund (TUSRIF) to develop a lending
mechanism to increase investment in small- to medium-sized
business projects in the Russian Far East.
rural and agricultural regions of Russia and central asia
The failure of a market economy to develop in rural and
agricultural regions of the Russian Federation, Ukraine, and
Central Asia is noted with concern by the conferees. The
Coordinator is encouraged to take the lagging pace of reform
in rural Russia into account as he selects regions of
concentration for United States technical cooperation. To
this end, consideration should be given to forging links
between American institutions and Russian agricultural
universities and institutes, as well as strengthening and
replicating ongoing collaborative efforts between academic
and commercial enterprises. Also, the Administrator of AIDS
is requested to provide in writing no later than December 15,
1997, the Agency's strategic objectives (including a
financial plan) with region to economic growth in rural areas
of the Central Asian republics, including public health and
environmental indicators and the role of American-Israel
cooperative research and development in the region.
nis coordinator personnel presence in region
The conferees are concerned about the lack of personnel in
the New Independent States coordinating United States
assistance programs. The Office of the Coordinator of NIS
assistance has no full time personnel in Moscow and only one
full time position in the Southern Caucasus. As the office
charged with developing and coordinating all U.S.
assistance programs in the New Independent States, it is
imperative that adequate personnel resources be made
available in the region. The conferees expect this
situation to be addressed promptly.
health issues resulting from the chornobyl nuclear accident
The conferees urge AID to supplement the generosity tens of
thousands of Americans
[[Page H10622]]
have directed to the victims of the Chornobyl nuclear
tragedy. Active consideration should be given to providing
ways to decontaminate fresh milk in Ukraine and Belarus in
order to increase its acceptability to children and mothers.
The conferees request that the Coordinator work with relevant
federal agencies to determine the viability of installing and
operating effective and affordable technology to
decontaminate milk supplies in the contaminated region.
Emphasis should be placed on the development of privately-
owned dairies and milk processing plants. This priority
supersedes any non-conforming ``strategic objectives'' of
USAID.
crime and corruption
The conferees agree with the House report language
characterizing officially tolerated corruption as the biggest
impediment to private investment and economic growth in the
former Soviet Union. The report requested by the House from
the Secretary of State and the Coordinator should be provided
to both Committees no later than 90 days following enactment
of this Act.
enterprise funds
The conference agreement does not reserve any funds for the
Trans-Caucasus Enterprise Fund as proposed by the Senate. The
House bill did not address this matter.
The conference agreement includes a Senate provision that
none of the funds provided under this heading or in prior
appropriations Acts may be made available to invest in a
joint public-private management entity established by the
Defense Enterprise Fund.
During fiscal year 1997, the Defense Enterprise Fund (DEF)
received a final installment of $15,000,000 of a $71,000,000
commitment from the United States Government. Release of
these resources was conditioned upon an understanding by the
DEF senior management that the funds would be directly
invested in defense conversion projects and related
activities. The managers expect that during fiscal year 1998,
none of the government funds provided to the DEF will be used
for any other purposes. The conference language is not
intended to limit or prevent the managers of the Fund from
raising private capital or receiving contributions from
multilateral financial institutions to invest in the Fund's
projects or activities.
The conferees direct the Coordinator for United States
Assistance to the New Independent States, in consultation
with the implementing agency, to submit a report to the
Committees on Appropriations no later than 60 days after the
date of enactment of this Act on the rate of obligation and
risk and anticipated returns associated with commitments made
to the United States-Russia Investment Fund (TUSRIF). The
report shall include a recommendation on the continued
relevance and advisability of the initial planned life of
project funding commitment for TUSRIF.
civil society and continued development of a free press
The conferees endorse the House report language on civil
society and continued development of a free press. In
addition, the Coordinator is encouraged to continue support
for the long-term development of an independent print media
in Russia and Ukraine, utilizing organizations with
demonstrated experience in working with print media in
countries of the region.
endorsement of other priorities in the partnership for freedom
The managers endorse the House report language on the
important role of American business centers and centers for
business skills development in the Partnership for Freedom
initiative. The conferees also support the Senate report
language with regard to expansion of support for sustainable
programs at Russian agricultural institutions.
mongolia
The conference agreement deletes the Senate earmark of
$12,000,000 for Mongolia, but retains authority for funds
provided under this heading to be used in Mongolia.
Positive economic and political developments in Mongolia
make clear that a robust program of assistance especially in
the areas of judicial, tax, banking, commercial and related
legal code reforms could have a major impact securing free
market democracy. The managers believe the current conditions
in Mongolia offer a unique opportunity to carry out
significant, permanent reforms in a short period with minimal
resources and yet a lasting impact. Therefore, the managers
direct that not less than $12,000,000 be made available from
development assistance funds and resources made available
under the New Independent States heading.
In addition, the managers are concerned about continued
reports that AID intends to close its mission in Ulan Bator
at the end of fiscal year 1998. The managers oppose closure
of the mission at this time and request consultation in
advance of any such decision. While Mongolia represents a
unique opportunity to provide short term support and quickly
graduate a nation from U.S. aid programs, a closure in 1998
would compromise prospects for successfully completing
reforms.
The managers strongly encourage the Coordinator and the
Administrator to coordinate completion of programs to
modernize the Mongolian energy sector. The managers recognize
that the Mongolian Government is committed to infrastructure
development and environmental protection, the latter adding
value to the economy because of the potential for ecotourism.
Institutions such as the Academy of Natural Sciences can help
Mongolian scientists through cooperative research programs
that promote environmentally sensitive economic development
in Mongolia.
distribution of contracts to small and disadvantaged business
In fiscal year 1996 because of concern that small and
disadvantaged businesses were not receiving a fair share of
contracts from AID, particularly in the NIS programs, the
Conference report contained language directing AID to take
immediate measures to ensure that all contractors be given a
fair chance to perform and receive contracts. While the
initial actions taken by AID were encouraging, recent actions
have brought AID commitment to this directive into doubt. The
conferees expect AID to adhere to the earlier directive with
respect to allowing small and disadvantaged contractors the
opportunity to compete fairly for AID contracts.
Independent Agency
Peace Corps
The conference agreement appropriates $222,000,000 as
propose by the House instead of $206,000,000 as proposed by
the Senate.
Department of State
International Narcotics Control
The conference agreement appropriates $215,000,000 for
``International Narcotics Control''. The House bill proposed
$230,000,000 for this account, while the Senate amendment
contained an appropriation of $216,200,000.
In addition, the conference agreement includes $15,000,000
in a new account, ``Narcotics Interdiction'', in order to
provide the Bureau of International Narcotics and Law
Enforcement Affairs (INL) with the flexibility and funds to
procure Black Hawk helicopters for the Colombian National
Police. The bureau is directed to use the funds in this
account, together with base funds from ``International
Narcotics Control'', to procure three Black Hawk utility
helicopters, including maintenance and training, for the
National Police solely for conternarcotics purposes, at a
cost of $36,000,000. In addition, $14,000,000 should be made
available to provide upgrades for UH-IH Huey helicopters for
the Colombian National Police solely for counternarcotics
purposes.
The managers are extremely concerned about reports that
Colombian heroin is flooding the U.S. market. According to
the Drug Enforcement Administration, 60 percent of all heroin
recently seized on American streets is of Colombian origin.
The new appropriations account, together with base funds in
``International Narcotics Control'', is intended to address
the equipment shortfall of the Colombian National Policy.
The conferees are also concerned that helicopters for drug
interdiction were removed from Guatemala several years ago.
The transit of drugs through Guatemala has re-emerged as a
serious problem, and the managers would support the proposed
redeployment of helicopters from Bolivia to that country.
The conference agreement includes language from the House
bill, deleted by the Senate amendment, that allows the Bureau
to use section 608 of the Foreign Assistance Act, without
regard to its restrictions, to receive non-lethal excess
property from an agency of the U.S. government for use in a
foreign country, subject to notification.
The conference agreement does not contain Senate language
providing not less than $10,000,000 for law enforcement
training and education and not less than $22,000,000 for
anti-crime programs. However, the conferees expect that not
less than the 1997 levels for each such activity ($9,000,000
and $20,000,000, respectively) will be provided in fiscal
year 1998.
The conference agreement includes language requiring a
report from the Secretary of State, in consultation with the
Office of National Drug Control Policy, 60 days after
enactment on overseas counter-narcotics activities. The
Senate amendment would have prohibited funding for counter-
narcotics activities until such report was submitted. The
House bill did not address this matter.
The conferences agreement includes language from the Senate
amendment providing not to exceed $5,000,000 for the
operations of a Western Hemisphere International Law
Enforcement Academy; however, the reference to the
Organization of American States is deleted. Although the
House bill did not address this matter, the conferees endorse
the House report language regarding the regional training
center.
The conference agreement includes language withholding from
obligation 10 percent of the funds appropriated under
``International Narcotics Control'' and ``Narcotics
Interdiction'' until the Secretary of State submits a
financial plan for the use of all funds made available in
these accounts.
The conferees support the development of plant pathogens
capable of destroying illicit drug crops and expect the
Department to fund research on such biocontrol agents, such
as the program at Montana State University.
The conferees support the intent of the Senate report
language on international crime and the need for the
Secretary of State to reestablish a task force on
international crime.
The conferees are very concerned that many people in
Ecuador are being denied due process in its judicial system.
Many of them, including several United States citizens,
[[Page H10623]]
have been held for months or years without regard to rights
accorded them under Ecuadoran and international law. The
conferees strongly urge the Department of State to actively
encourage Ecuadoran law enforcement and judicial officials
they cooperate with under the International Narcotics Control
programs to fulfill their responsibilities in a manner
consistent with requirements of law and treaty obligations.
Migration and Refugee Assistance
The conference agreement includes Senate language, not in
the House bill, that provides not less than $80,000,000 for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel.
The conferees remain strongly committed to assisting the
Government of Israel to resettle refugees in Israel from the
former Soviet Union, Eastern Europe, and elsewhere. Since
1989, Israel has absorbed more than 700,000 refugees from
countries of distress. The funds provided in the conference
agreement assist in the transportation and initial absorption
costs for more than 100,000 refugees per year. While there
has been a modest decrease in the number of refugees coming
to Israel this year, the conferees note that the historically
unprecedented numbers still arriving and in need continue to
strain the resources of the Government of Israel. Should the
current decline in the number of refugees arriving in Israel
continue, the conferees expect this program to be funded at
$70,000,000 in fiscal year 1999 and $60,000,000 in fiscal
year 2000.
The conferees believe the United States should play a
leadership role in helping to establish a fund through the
United Nations High Commissioner for Refugees for vulnerable
refuge children, particularly those separated from their
parents. The conferees recommend that approximately
$5,000,000 in fiscal year 1998 funds be made available for
this purpose.
The conferees also support the House report language on
assisting Tibetan refugees.
Refugee Resettlement Assistance
The conference agreement appropriates $5,000,000 for
``Refugee Resettlement Assistance'' as proposed by the House.
The Senate amendment contained no provision on this matter.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
The conference agreement appropriates $133,000,000 for
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' instead of $129,000,000 as proposed by the Senate
and $118,000,000 as proposed by the House.
demining activities
The conference agreement recommends $20,000,000 be utilized
to support global demining activities. The conferees strongly
support programs to locate and remove landmines and other
unexploded ordnance, including mine awareness and education,
mapping and marking, and training of deminers. In addition,
the conferees urge the Department of State, in consultation
with the humanitarian demining training program at the
Department of Defense, to explore opportunities for the
United States to provide technical advice and assistance to
Russia and other new independent states in the clearance of
landmines, including the southern Caucasus region.
korean peninsula energy development organization
The conference agreement provides that not to exceed
$30,000,000 may be made available to the Korean Peninsula
Energy Development Organization (KEDO) only for
administrative expenses and heavy fuel oil costs associated
with the Agreed Framework as proposed by the Senate, instead
of $25,000,000 as proposed by the House. The conference
agreement also stipulates that the President must certify
that canning activities associated with the Agreed Framework
are scheduled to be completed by April 1, 1998. The
conference agreement provides that an additional $10,000,000
may be made available to KEDO if the Secretary of State
certifies that additional funds have been provided by foreign
donors to KEDO sufficient to cover all outstanding debts owed
by KEDO for heavy fuel oil. The managers also agree that none
of the funds in this bill that are made available for KEDO in
fiscal year 1997 may be used to contribute to the light-water
nuclear reactors being provided to North Korea under the
terms of the Agreed Framework.
nonproliferation activities
The conference agreement recommends $15,000,000 for the
Nonproliferation and Disarmament Fund. The conferees strongly
support the core nonproliferation activities of the NDF. The
NDF is designed to provide the Secretary of State with a
flexible funding source to respond to urgent, unanticipated
nonproliferation activities of immediate concern to the
United States. Longer term programmatic activities, such as
export controls, should be funded separately outside of the
NDF account and therefore subject to the normal conditions
for legislative oversight and review. For this reason the
conference agreement recommends that $3,000,000 in NADR
account funds be used to support export control related
activities.
The conferees also note that there may be numerous
nonproliferation programs which could logically be included
in the NADR account in order to facilitate the continued
rationalization of government-wide nonproliferation programs
and activities. The conferees stress that the Committees on
Appropriations are prepared to work with the Administration
in this ongoing rationalization process as the Administration
prepares its fiscal year 1999 request.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement appropriates $50,000,000 as
proposed by the House instead of $47,000,000 as proposed by
the Senate.
school of the americas
The conference agreement retains language proposed by the
House which makes the obligation of funds under this heading
to support IMET training at the School of the Americas
contingent upon certification by the Secretary of Defense
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;
second, 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
third, the Department of Defense has submitted 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.
guatemala and indonesia
The conference agreement includes language proposed by the
House which limits Indonesia and Guatemala to expanded IMET
only and, in the case of Guatemala, the conferees expect the
administration to obligate funds subject to the regular
notification procedures of the Committees on Appropriations.
The conferees agree that expanded IMET for Guatemala shall be
used to support the peace settlement and that qualified non-
military personnel should be well represented in such courses
to the extent practical.
civilian participation in imet
The conference agreement also includes language proposed by
the Senate which allows IMET participation by civilian
personnel who are not members of a government if their
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights.
mongolia
The conferees commend the Department of Defense for the
Department's implementation of the fiscal year 1997 IMET
program in mongolia in a manner consistent with the
objectives outlined in the Statement of Managers or Public
law 104-208. The conferees urge continued support for its
important program in Mongolia, particularly in the expanded
IMET area.
foreign military financing program (grant program)
The conference agreement appropriates $3,296,550,000
instead of $3,308,950,000 as proposed by the Senate and
$3,259,250,000 as proposed by the House.
the middle east
The conference agreement inserts earmarks for Israel, Egypt
and Jordan which provide that not less than $1,800,000,000
shall be available for grants only or Israel, not less than
$1,300,000,000 shall be available for grants only for Egypt,
and not less than $75,000,000 shall be available for
assistance for Jordan. The conference agreement also directs
the President to draw down not less than $25,000,000 in
defense equipment and services for Jordan, the aggregate
value of which shall count against the earmark for Jordan.
poland, hungary and the czech republic
The conference agreement provides that not less than
$50,000,000 in funds made available for FMF grants and FMF
loans should be made available for Poland, Hungary, and the
Czech Republic to facilitate the integration of these nations
into NATO.
the baltic nations
The conference agreement provides that $18,300,000 should
be made available to Estonia, Latvia and Lithuania. These
funds are provided to enhance programs aimed at improving the
military capabilities of these nations and to strengthen
their interoperability and standardization with NATO,
including the development of a regional airspace control
system. Given progress in economic reform and meeting
military guidelines for prospective NATO members, the
conferees believe the Baltic nations will make an important
contribution to enhancing stability and peace in Europe and
are strong candidates for NATO membership.
The conference agreement retains House language which
provides that the obligation of funds for any non-NATO
country participating in the Partnership for Peace shall be
subject to notification.
fmf loan program
The conference agreement also appropriates $60,000,000 as
proposed by the House for the subsidy cost of direct loans
instead of $74,000,000 as proposed by the Senate. The
conference agreement provides that these funds are available
to support not to exceed $657,000,000 in direct loans as
proposed by the
[[Page H10624]]
House instead of $759,500,000 as proposed by the Senate.
The conference agreement deletes a Senate earmark of
$8,000,000 for loans to Estonia, Latvia, and Lithuania.
Increased assistance for these countries is provided under
the grant FMF program.
The conference agreement retains the House levels of
$105,000,000 and $150,000,000 as ceilings on FMF loans to
Greece and Turkey respectively instead of $122,500,000 and
$175,000,000 as proposed by the Senate.
fmf administrative expenses
The conference agreement includes House language which
provides that not more than $350,000,000 of the 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, instead of
$355,000,000 as proposed by the Senate.
fmf loan criteria
The conference managers are extremely concerned that the
Administration has apparently abandoned its long-standing
credit criteria for determining eligibility for the FMF loan
program. The conferees note that previous year funds were
made available to support the FMF loan program based upon a
clear understanding, provided by the Administration at the
time the funds were being requested, of its loan criteria and
its intended application. The conferees note that the current
application of the FMF loan program is not consistent with
these presentations. The conferees direct the Secretary of
State, in consultation with the Secretary of Defense,
Secretary of the Treasury, the Director of the Office of
Management of Budget, and in coordination with the Director
of the Congressional Budget Office, to review the current FMF
loan policy and its application to current and proposed
program participants and to report to the Committees on
Appropriations, within 180 days of enactment of this Act, on
these issues, to include a statement specifically detailing
Administration FMF loan policy and credit risk criteria. The
conferees also direct the Secretary of Defense to report to
the Committees on Appropriations on a quarterly basis,
beginning January 1, 1998, on the current credit risk ratings
for potential and current FMF loan program participants.
Peacekeeping Operations
The conference agreement provides $77,500,000 for
peacekeeping operations as proposed by the House instead of
$75,000,000 as proposed by the Senate.
multilateral force and observers
The conferees note that the current Director General of the
Sinai Multilateral Force and Observers is concluding his last
term in office. The conferees expect a report from the
Secretary of State, prior to the release of the U.S. share of
the Observer Force funding, on the status of efforts to
replace the Director General.
african crisis response initiative
The conferees note that funds provided to support the
African Crisis Response Initiative should be utilized to
foster the growth of democracy and the protection of human
rights in Africa and should not be directed to undemocratic
governments with a history of human rights abuses by their
militaries. The conferees agree with the Department of State
that ``it is important that countries selected to receive
additional training and equipment have military
establishments that accept the supremacy of democratic
civilian government.'' The conferees expect the
Administration to consult closely with the Committees on
Appropriations, prior to obligating such funds, to ensure
this minimum standard is met.
morocco
The conferees congratulate both Morocco and the POLISARIO
for reaching an agreement to allow a free, fair and
transparent referendum on the future of the people of the
Western Sahara, and recognize the efforts of United Nations
Personal Envoy James Baker in reaching this agreement. The
conferees expect full implementation of the terms of the
agreement and encourage the Department of State to play an
active role in ensuring full implementation. The conferees
also urge both parties to engage in the exchange of all
prisoners of war, political prisoners and political
detainees.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Financial Institutions
contribution to the international bank for reconstruction and
development global environment facility
The conference agreement appropriates $47,500,000 instead
of $60,000,000 as proposed by the Senate and $35,000,000 as
proposed by the House.
contribution to the international development association
The conference agreement appropriates $1,034,503,100
instead of $1,034,500,000 as proposed by the Senate and
$606,000,000 as proposed by the House.
The agreement prohibits obligation of IDA funds until the
Secretary of the Treasury certifies that procurement
restrictions on American firms under the Interim Trust Fund
have been lifted. Both the House and Senate bills included
similar language on this matter.
contribution to the enterprise for the americas multilateral investment
fund
The conference agreement appropriates $30,000,000 for the
Multilateral Investment Fund, all of which was previously
due. The House bill contained no funds for this program.
contribution to the asian development fund
The conference agreement appropriates $150,000,000 for the
Asian Development Fund as proposed by the Senate instead of
$100,000,000 as proposed by the House. Of this amount,
$50,000,000 was previously due.
contribution to the african development fund
The conference agreement includes $45,000,000 for the
African Development Fund, instead of $50,000,000 as proposed
by the House (including Section 579 of the House bill). The
Senate amendment did not include any funds for this
institution. The entire amount provided was previously due.
North American Development Bank
The House bill and the Senate amendment included
$56,500,000 for the North American Development Bank, and the
conference agreement includes language providing that
$250,000 of these funds are for contributions previously due.
In addition, language is included that limits to $41,250,000
the amount of funds that may be expended in fiscal year 1998
for purchase of capital shares in the bank. This action is
being done solely for budgetary reasons and does not reflect
any lack of support for the North American Development Bank.
loans to the international monetary fund; new arrangements to borrow
The conference agreement does not appropriate funds for the
proposed New Arrangements to Borrow. The Senate proposed
$3,521,000,000, denominated as the dollar equivalent of IMF
Special Drawing Rights. The House bill did not include any
appropriation for this purpose. The managers defer this item
without prejudice.
authorizations for international financial institutions
The statutory authority required by the Secretary of the
Treasury to activate several of the appropriations provided
for international financial institutions is found in section
560 of the conference agreement.
International Organizations and Programs
The conference agreement appropriates $192,000,000 instead
of $194,000,000 as proposed by the House and $277,000,000 as
proposed by the Senate. The conference agreement does not
include funding for the United Nations Children's Fund
(UNICEF) in this account, as proposed by the Senate. Funding
of $100,000,000 for UNICEF is contained in ``Child Survival
and Disease Programs Fund'' under title II.
The conference agreement includes House language on the
United Nations Population Fund (UNFPA) that limits funding to
UNFPA to one-half of the funding ceiling of $25,000,000 prior
to March 1, 1998, and requires 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. In
addition, the language requires that any amount UNFPA plans
to spend in the People's Republic of China in 1998 will be
deducted from the amount of funds provided to UNFPA after
March 1, 1998. Finally, with respect to any funds made
available to UNFPA, the language requires UNFPA to
maintain such funds in a separate account and not to
commingle them with any other funds.
The conference agreement does not contain Senate language
providing $5,000,000 for the World Food Program, but does
include language indicating that $4,000,000 should be made
available for this purpose. The House bill contained no
provision on this matter.
The conference agreement deletes House language prohibiting
the use of funds for the United Nations development group or
any similar organization. The House bill provision, as well
as House and Senate report language, reflect concern about
proposals formerly under consideration at the United Nations
that would have merged and consolidated UNICEF with other
United Nations development organizations, thereby threatening
UNICEF's unique mission for the children of the world and its
ability to raise private sector funding. Since the reform
plan announced by the Secretary-General on July 16, 1997,
appears to preserve the special mandate of UNICEF for
children, the conference agreement does not contain this
funding prohibition. However, the managers intend to monitor
closely the impact upon UNICEF of the implementation of the
United Nations reform plan. The managers expect that the
independence of UNICEF will be continued and that its ability
to work for the survival, protection, and development of
vulnerable children will remain uncompromised. The managers
expect this to be a top priority of the Department of State
as well, and expect to receive regular consultations as the
reform plan proceeds.
The conferees support the Administration's request level
for the United Nations Development Program (UNDP), but expect
that not less than $98,000,000 should be made available for
UNDP in fiscal year 1998. The conferees also support the work
of the United Nations Voluntary Fund for Victims of Torture
and expect that the Administration will make every effort to
support this organization at the highest level possible.
[[Page H10625]]
TITLE V--GENERAL PROVISIONS
Sec. 501. Obligations during last month of availability
The conference agreement contains House language providing
that not more than 15 percent of any appropriation item made
available by this Act shall be obligated during the last
month of availability, except for funds under the headings
``International Disaster Assistance'' and ``United States
Emergency Refugee and Migration Assistance Fund''. The Senate
amendment contained no provision on this matter.
Sec. 502. Prohibition of bilateral funding for international
financial institutions
The conference agreement includes language proposed by the
House which prohibits funds in title II being used to carry
out the provisions of section 209(d) of the Foreign
Assistance Act, notwithstanding section 614 of said Act. The
Senate amendment contained no provision on this matter.
Sec. 509. Transfers between accounts
The conference agreement includes House language providing
that the exercise of the authority under this section shall
be subject to the regular notification procedures of the
Committees on Appropriations, except for transfers
specifically referred to in this Act. The Senate amendment
did not include the requirement for notification.
Sec. 512. Limitation on assistance to countries in default
The conference agreement includes a waiver for Liberia from
the requirements of section 620(q) of the Foreign Assistance
Act as proposed by the House. The Senate addressed this
matter in section 561 of the Senate amendment.
Sec. 513. Commerce and trade
The conference agreement restores House language at the end
of subsection (a) that provides authority to the Board of the
Export-Import Bank to waive the prohibition on the use of
funds to establish or expand production of commodities that
could adversely affect United States producers. The Senate
amendment did not contain this provision.
Sec. 515. Notification requirements
The conference agreement makes ``Child Survival and Disease
Programs Fund'', as proposed by the House, subject to the
notification requirements of this section. The Senate
amendment had deleted the reference to this account.
Sec. 519. Reporting requirement
The conference agreement amends permanent law as proposed
by the Senate to provide that the reports required by section
25(a)(1) of the Arms Export Control Act shall be submitted to
the Committees on Appropriations. The House bill required
such reports, but did not amend permanent law.
Sec. 520. Special notification requirements
The conference agreement adds ``Panama'' as proposed by the
House to the list of countries subject to the special
notification requirements of this section. It also deletes
``Russia'' from this list, as proposed by the Senate. The
Senate provisions adding ``Guatemala'' and ``Dominican
Republic'' are not included in the conference agreement.
Sec. 522. Child survival, AIDS and other activities
The conference agreement includes Senate language limiting
to $10,000,000 the funds that may be made available to
reimburse specified organizations for certain activities in
support of family planing activities, child survival
activities, and activities relating to research on, and the
treatment and control of, HIV/AIDS, as well as Senate
language including basic education activities under the
authority of the section. the House bill had similar
language, but the limitation was $8,000,000 and did not
include basic education activities.
Sec. 526. Authorization requirement
The conference agreement includes Senate language waiving
the authorization requirements of section 10 of Public Law
91-672 and section 15 of the State Department Basic
Authorities act for the funds appropriated in this Act. The
House bill made these funds subject to these authorization
requirements.
Sec. 536. Extension of authority to obligate funds to close
the special defense acquisition fund
The conference agreement includes language proposed by the
House which amends title III of Public Law 103-306 to extend
through fiscal year 2000 the authority to obligate funds to
close the Special Defense Acquisition Fund. The Senate
amendment contained no provision on this matter.
Sec. 537. Authorities for the Peace Corps, the Inter-American
Foundation and the African Development Foundation
The conference agreement restores House language providing
authority for the Inter-American Foundation and the African
Development Foundation to operate in foreign countries
notwithstanding other provisions of this or other Acts. The
Senate amendment deleted the language providing such
authority.
Sec. 539. Special authorities
The conference agreement deletes ``Cambodia'' from the
provisions that exempt assistance to that country from any
other provision of law as proposed by the Senate, but
restores House language exempting humanitarian assistance for
the peoples of Bosnia and Herzegovina and Croatia from any
other provision of law.
The conference agreement also deletes Senate language
allowing for the use of up to $40,000,000 under the authority
(relating to unanticipated contingencies) of section 451 of
the Foreign Assistance Act. The House bill does not address
the matter. The permanent statutory limit is $25,000,000.
The conference agreement includes language in a new
subsection (d) which enables the President to waive section
1003 of Public Law 100-204, relating to prohibitions
regarding the Palestinian Liberation Organization, if the
President determines that it is important to the national
security interests of the United States.
Sec. 540. Policy on terminating the Arab League boycott of
Israel
The conference agreement includes language proposed by the
House which deals with the decision in 1997 by the Arab
League to reinstate the boycott of Israel and encourages the
President to take certain specific steps in response to this
decision.
Sec. 542. Eligibility for assistance
The conference agreement includes House language regarding
exemptions from restrictions on certain assistance if carried
out by nongovernmental organizations. The Senate amendment
included similar language, but did not include ``Assistance
for Eastern Europe and Baltic States'' under the terms of the
provision. This section allows development assistance to be
provided for nongovernmental organizations in cases where
such assistance would otherwise be barred because of a
statutory prohibition on assistance to a country. Under this
authority, assistance provided through nongovernmental
organizations may only marginally benefit the government of a
country otherwise prohibited from receiving assistance
through, for example, the necessary use of government
facilities by nongovernmental organizations providing
assistance to the people of that country. Except in such
limited circumstances, the fact that assistance may be
provided through nongovernmental organizations does not mean
that the assistance can be provided to the government.
Rather, the provision was first enacted in recognition that a
government's actions should not automatically bar assistance
to the people of a country through nongovernmental channels.
It is with this intention that the conferees have expanded
the scope of the current authority to include the former
Soviet Union and Eastern Europe.
Sec. 545. Prohibition on publicity or propaganda
The conference agreement includes House language limiting
to $500,000 the amount that may be made available to carry
out the provisions of section 316 of Public Law 96-533
relating to hunger and development education. The Senate bill
did not include a limitation.
Sec. 546. Purchase of American-made equipment and products
The conference agreement combines this section with section
558, as proposed by the Senate. The language require, to the
greatest extent practicable, that any entity receiving
assistance under this Act should receive notice that it is
the Sense of the Congress that all equipment and products
funded by this Act should be American-made.
Sec. 550. Prohibitions on assistance to foreign governments
that export lethal military equipment to countries
supporting international terrorism
The conference agreement provides that the prohibition on
assistance called for in subsection (a) applies with respect
to a contract entered into after October 1, 1997 instead of
``April 24, 1996'' as proposed by the House and ``after the
date of enactment of this Act'' as proposed by the Senate.
Sec. 553. War crimes tribunals drawdown
The conference agreement changes the designation of the
section title to include the word ``drawdown'' as proposed by
the Senate.
Sec. 557. Equitable allocation of funds
The conference agreement inserts House language providing
that not more than 18 percent of the funds appropriated to
carry out the provisions of sections 103 through 106 and
chapter 4 of part II of the Foreign Assistance Act that are
made available for Latin America and the Caribbean region may
be made available, through bilateral and regional programs,
to provide assistance to any one country in such region. The
Senate bill did not include this provision.
Sec. 560. Authorization requirement for international
financial institutions
The conference agreement includes language from title IV of
the Senate amendment authorizing appropriations over several
years of $1,600,000,000 for the International Development
Association (IDA), $285,772,500 for paid-in capital of the
European Bank for Reconstruction and Development,
$400,000,000 for the Asian Development Bank, and $76,832,001
for paid-in capital of the Inter-American Development Bank.
The House bill authorized $606,000,000 for the IDA.
The conference agreement also amends current law to require
the International Finance Corporation to comply with
environmental standards that apply to other multilateral
institutions. It also includes a provision (from Senate
section 568) relating to procurement opportunities available
to United States suppliers and community participation in the
planning and implementation of multilateral bank projects.
The multilateral lending banks are encouraged to undertake
an assessment of the
[[Page H10626]]
transparency and integrity of procurements they finance,
including a finding on the utility of using independent third
party procurement monitoring services. Such services may help
U.S. companies compete for MDB procurement awards.
Sec. 561. Sanctions against countries harboring war criminals
The conference agreement inserts House language on this
matter, except that there is no reference to the
International Criminal Tribunal for the former Yugoslavia.
Under subsection (a), the language authorizes the President
to withhold funds for countries harboring war criminals as
described in this section. Under subsection (b), the language
states the President should instruct the United States
executive directors of the international financial
institutions to work in opposition to, and vote against,
assistance to countries described in this section. The Senate
amendment would have required that assistance be withheld,
and would have limited the application of the provision to
war criminals indicted by the International Criminal Tribunal
for Rwanda.
Sec. 562. Limitation on assistance to Haiti
The conference agreement inserts a substitute provision
limiting assistance to the Government of Haiti (updating what
is known as the Dole Amendment). The conference substitute is
similar to the Senate provision, but requires that the
privatization of at least three major state enterprises be
substantially completed as proposed by the House.
Sec. 563. Requirement for disclosure of foreign aid in report
of Secretary of State
The conference agreement continues and updates prior year
language requiring that the annual report on the voting
record of foreign countries at the United Nations include a
side-by-side comparison showing the amount of U.S. assistance
provided to each country in fiscal year 1997. The Senate bill
was identical except that it referenced the fiscal year 1996.
Sec. 564. Restrictions on voluntary contributions to United
Nations agencies
The conference agreement includes House language
prohibiting payment of any voluntary contribution to the
United Nations (including the United Nations Development
Program) if the U.N. implements any taxation on any United
States national or corporation. The Senate amendment did not
address this matter.
Sec. 565. Assistance to Turkey
The conference agreement inserts language which limits
``Economic Support Funds'' to Turkey to $40,000,000; provides
that not less than 50 percent of such funds shall be made
available for the purposes 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. The conferees agree that the
cash transfer and direct project assistance components of
Turkey's assistance are not severable and if, for whatever
reason, the directed assistance were not provided and
spent in the manner provided in subsection (b), the
Government of Turkey would not receive the direct
government-to-government assistance. Furthermore, the
conferees also agree that the Agency for International
Development will be responsible for administering the
project elements of subsection (b) utilizing NGO's, PVO's
and other instrumentalities consistent with the purposes
outlined in subsection (b) and in consultation with the
Committees on Appropriations.
The conferees also expect that the implementation of
subsection (b) will be carried out in consultation with the
Government of Turkey, which should include the participation
of nongovernmental organizations where necessary and
appropriate. The conferees note that it is neither the intent
of the conference, nor is it the effect of this provision, to
impinge upon Turkey's national sovereignty.
The Senate amendment did not contain a provision on this
matter.
Sec. 566. Limitation on assistance to the Palestinian
Authority
The conference agreement includes language which provides
that none of the funds appropriated by this Act to carry out
the provisions of chapter 4 of part II (Economic Support
Fund) of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the
Palestinian Authority. The conference agreement allows the
President to waive this prohibition if it is determined that
it is ``important to the national security interests of the
United States.'' The waiver is effective for a period of not
more than six months at a time and shall not apply beyond
twelve months after enactment of this Act.
Both the House bill and the Senate amendment included
similar provisions banning funds for the Palestinian
Authority and the P.L.O. but each would have allowed for the
provision of funds based upon a detailed but different
Presidential certification. Both House and Senate bills
include identical language (Sections 552) which bans
assistance to the P.L.O.
Sec. 567. Limitation on assistance to the Government of
Croatia
The conference agreement includes language proposed by the
House that bars use of funds made available to the Government
of Croatia in title II to relocate the remains of Croatian
Ustashe soldiers to the site of the World War II
concentration camp at Jasenovac, Croatia. The Senate bill did
not address this matter.
Sec. 568. Burma labor report
The conference agreement includes language requiring a
report from the Secretary of Labor, in consultation with the
Secretary of State, on labor practices in Burma. The Senate
amendment included the requirement for a report from the
Secretary of Labor, as well as details regarding contents
of the report. The House bill did not address this matter.
The conferees request the report address allegations and
details on child labor practices, workers' rights, the forced
relocation of laborers, and the use of forced labor to
support the tourism industry and the construction of the
Yadonna gas pipeline. To assure an understanding of its
accuracy, the conferees also expect an evaluation of the
cooperation and access afforded in Burma to the officials
engaged in the preparation of the report.
Sec. 569. Haiti
The conference agreement includes Senate language making
the Government of Haiti eligible to purchase defense articles
and services under the Arms Export Control Act for the
Haitian National Police and Coast Guard, subject to
notification. The House bill contained no provision on this
matter.
Sec. 570. Limitation on assistance to security forces
The conference agreement includes language, similar to that
in the Senate amendment, which prohibits funds in this Act
from being 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 responsible
members of the security forces to justice. The language also
provides that nothing in this section shall be construed to
withhold funds from any unit credibly alleged to be involved
in gross violations of human rights. In addition, if funds
are withheld pursuant to this section, the Secretary is
directed to inform promptly 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 so funds to the unit may resume.
The conferees are aware that there may be instances when
providing information to a foreign government would
compromise sources and methods, or endanger witnesses. The
phrase ``to the maximum extent practicable'' ensures, among
other things, that sources, methods and the safety of
witnesses are fully protected. By ``taking effective measures
to bring responsible members of the security forces unit to
justice'', the conferees intend that the government carry out
a credible investigation and that the individuals involved
face appropriate disciplinary action or impartial prosecution
in accordance with local law.
The House bill contained no provision on this matter.
Sec. 571. Limitations on transfer of military equipment to
East Timor
The conference agreement includes language which requires
that any agreement for sale, transfer, or licensing of any
lethal equipment or helicopters for Indonesia entered into by
the United States shall state that the United States expects
that such items will not be used in East Timor. The
conference agreement also provides 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.
The conferees recognize Indonesia's important contribution
to regional security and its inherent right of self-defense
under the United Nations Charter. The conferees note,
however, that U.S. military equipment has been used by
Indonesian troops in East Timor. The conferees are concerned
that U.S. military equipment not be used in a manner
inconsistent with international law, particularly with
respect to the observance of human rights and therefore have
included bill language which makes clear that such items
should not be used in East Timor.
The House bill did not contain a provision on this matter.
Sec. 572. Transparency of budgets
The conference agreement includes Senate language amending
section 576(a)(1) and (a)(2) of Public Law 104-208 to require
that countries 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 in order to receive U.S. support for
multilateral assistance through international financial
institutions, and to condition U.S. support for such
assistance on the requirement that information be provided to
the international financial institution on such audit process
if requested by such institution. The House bill contained no
provision on this matter.
[[Page H10627]]
Sec. 573. Restrictions on funding to countries providing
sanctuary to indicted war criminals
The conference agreement includes language prohibiting
bilateral assistance and the support of the United States for
certain multilateral assistance, for countries and entities
not in compliance with the war crimes provisions of the
Dayton peace accords for the former Yugoslavia. The Senate
bill contained language which prohibited most support for
such countries and entities until measurable progress was
made with respect to the arrest and transfer to The Hague of
indicted war criminals. The House addressed the issue of war
crimes in the former Yugoslavia in section 565 of the House
bill, which would have authorized the President to withhold
assistance to countries that granted sanctuary to war
criminals.
The conferees expect that the provision of United States
assistance to Croatia and Bosnia through international
financial institutions will be coordinated with U.S. foreign
policy objectives. With respect to the exemption in the
section for bilaterally and multilaterally funded cross-
border infrastructure projects, the conferees intend that the
exemption should apply only to projects which are
predominantly located in and predominantly benefit a
nonsanctioned entity and include a small portion that extends
into a contiguous sanctioned entity for the purpose of
completing the project. The conferees note that Republicka
Srpska has failed to arrest and transfer any of the 53
publicly indicted war criminals believed to be in its
territory.
Sec. 574. Extension of certain adjudication provisions
The conference agreement includes Senate language that
extends for an additional year (until October 1, 1998) the
provisions of section 599D and 599E of Public Law 101-167;
these provisions establish categories of aliens for purposes
of refugee determinations, and provide for the adjustment of
immigrant status for certain Soviet and Indochinese aliens.
The House bill did not contain a provision on this matter.
The managers expect that this matter will be addressed in
the future by the committees of jurisdiction, and do not
anticipate making another extension in an appropriations act.
Sec. 575. Additional requirements relating to stockpiling of
defense articles for foreign countries
The conference agreement includes language proposed by the
Senate which in subsection (a) amends section 514(b)(2)(A) of
the Foreign Assistance Act by authorizing additions to
defense stockpiles for foreign countries of $60,000,000 for
fiscal year 1998. Subsection (b) amends section 514(b)(2)(B)
of the same act to authorize, for fiscal year 1998, not more
than $40,000,000 for stockpiles in the Republic of Korea and
not more than $20,000,000 for stockpiles in Thailand. The
House bill did not contain a provision on this matter.
Sec. 576. Delivery of drawdown by commercial transportation
services
The conference agreement includes Senate language which
amends section 506 of the Foreign Assistance Act of 1961, as
follows: (1) requires a report to Congress detailing all
defense articles, defense services, and military education
and training delivered to a recipient country or
international organization upon delivery of such articles or
upon completion of such services, including whether any
savings were realized by utilizing commercial transport
services; and (2) authorizes, as part of any drawdown of
defense or other articles or commodities, that 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 agency assets. The House bill did not
contain a provision on this matter.
Sec. 577. To prohibit foreign assistance to the Government of
Russia should it implement laws which would discriminate
against minority religious faiths in the Russian
Federation
The conference agreement inserts a new provision instead of
language proposed by the Senate. The House did not address
this matter.
The conference substitute is effective 150 days after
enactment. Upon its effective date, the President is allowed
30 days to certify the Congress that the Government of the
Russian Federation has not implemented any measure that
discriminates against religion in violation of international
agreements that include Russia. In the absence of such
certification, funds appropriated under the Act may not be
obligated for the Government of the Russian Federation.
The managers note continued Congressional concern over the
issue of religious freedom in the Russian Federation. Despite
the personal intervention of the Vice President and many
members of Congress, President Yeltsin signed into a law a
measure which could threaten religious freedom in Russia.
The conferees consider implementation of the new law on
religion by national, regional, and local entities in Russia
to be the determining factor regarding religious freedom. The
operative phase in this section should be interpreted by the
Administration as giving it discretion to determine if the
Russian government's actions are discriminatory.
The conferees acknowledge the advances that the Russian
Federation has made in the areas of human rights and
democratic political reforms. Congress has saluted its past
willingness to allow freedom of speech, assembly, and
religion. The managers remain optimistic that religious
diversity and freedom of religious expression can survive in
the Russian Federation.
Sec. 578. U.S. policy regarding support for countries of the
South Caucasus and Central Asia
The conference agreement includes Senate language
supporting the development of strong political and economic
ties between countries of the Southern Caucausus and Central
Asia regions and the West; the language also addresses United
States policy with regard to the independence of Southern
Caucasus and Central Asia republics and resolutions of
regional conflicts.
Sec. 579 Pakistan
The conference agreement includes language proposed by the
Senate to amend section 239(f) of the Foreign Assistance Act
of 1961 to exempt the Overseas Private Investment Corporation
from provisions in the Foreign Assistance Act prohibiting
OPIC activity in Pakistan and expressing the sense of the
Congress that the Director of the Trade and Development
Agency should ``use funds made available'' to promote United
States exports to Pakistan. The conference agreement deletes
language proposed by the Senate to amend section 638(b) of
the Foreign Assistance Act of 1961 to exempt Pakistan from
prohibitions on certain training activities. The House bill
did not address this matter.
Sec. 580. Requirements for the reporting to Congress of the
costs to the Federal Government associated with the
proposed agreement to reduce greenhouse gas emissions
The conference agreement includes Senate language, except
for a date change, requiring the President to report on
federal expenditures for climate and global change programs
and activities. The report is required by November 15, 1997,
rather than October 15, 1997, as in the Senate amendment. The
House did not address the matter. The managers are concerned
about the Administration's failure to comply with a similar
information request in the fiscal year 1997 Foreign
Operations Export Financing and Related Programs
Appropriations Act.
Sec. 581. Authority to issue insurance and extend financing
The conference agreement includes Senate language extending
the operations of the Overseas Private Investment Corporation
for two additional years within an overall credit ceiling of
$29,000,000,000. It does not include a Senate provision
extending the operations of the Export-Import Bank.
Sec. 582. Withholding assistance to countries violating
United Nations sanctions against Libya
The conference agreement language is similar to that in the
Senate amendment requiring the President to withhold 5
percent of the funds (other than humanitarian and development
assistance) allocated to any country that is violating
sanctions against Libya. The language also includes a
provision to allow the President to waive this section if he
determines that to do so is in the national security of the
United States.
If the President exercises his waiver authority under this
section, the determination is to be provided in writing to
the Committees on Appropriations.
Sec. 583. War crimes prosecution
The conference agreement includes language similar to that
in the Senate amendment that amends the War Crimes Act of
1996. The language is identical to the language of H.R. 1348,
which passed the House of Representatives on July 29, 1997.
This provision defines war crimes for the purposes of the War
Crimes Act. The House bill did not address this matter.
Sec. 584. International military education and training
programs for Latin America
The conference agreement includes language similar to that
proposed by the Senate which provides that the Secretary of
Defense, in consultation with the Secretary of State, should
make every effort to ensure that approximately 30 percent of
IMET funds for Latin America will be used to support
enrollment in expanded IMET courses. In addition the
conference agreement provides that the Secretary of State, in
consultation with the Secretary of Defense, should identify
sufficient numbers of qualified, nonmilitary personnel from
countries in Latin America so that approximately 25 percent
of the total 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. 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.
[[Page H10628]]
The House bill did not contain a provision on this matter.
Sec. 585. Aid to the Government of the Democratic Republic of
Congo
The conference agreement modifies Senate language regarding
assistance to the Democratic Republic of Congo. It would
prohibit assistance to the central government of the
Democratic Republic of Congo until the President reports that
said government 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. The House bill did not contain a provision on this
matter.
Sec. 586. Assistance for the Middle East
The conference agreement inserts language which provides
that 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, unless the President determines and certifies
to the Committees on Appropriations that it is important to
the national security interest of the United States to exceed
$5,402,850,000 and any such additional funds shall only be
provided through the regular notification procedures of the
Committees on Appropriations. The conference agreement also
includes language which would prevent the use of prior year
funds in the accounts listed in this section but allocated
for recipients outside of the Middle East region to fund
programs covered by the limitation on funds for Middle East
countries and activities required by this section. The
conferees included this provision in order to make certain
that prior year funds for other regions such as Africa and
Latin America would not be used to support Middle East
related activities.
Sec. 587. Agriculture
The conference agreement modifies 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 Act, 1997, by striking ``not
less that'' and inserting ``up to'' with regard to
$35,000,000 made available for agricultural projects,
including those undertaken through the Food Systems
Restructuring Program.
Sec. 588. Enterprise fund restrictions
The conference agreement includes a modification to Senate
language limiting payments to enterprise fund personnel. the
conferees agree to limit certain forms of future compensation
unless notified in advance by the Committee on
Appropriations.
Sec. 589 Cambodia
The conference agreement includes language stating the
Secretary of the Treasury should instruct the United States
Executive Directors of international financial institutions
to use the voice and vote of the United States to oppose
loans to the Government of Cambodia. The language is similar
to that included in the House bill and the Senate amendment.
Sec. 591. Development credit authority
The conference agreement provides $7,500,000 for a new
enhanced credit authority and $500,000 to be derived from AID
operating expenses. The managers intend for the credit
facility to fund a program in the Russian Far East providing
market rate loans and guarantees to finance non-sovereign and
sovereign development projects. These projects shall
concentrate on development of the energy sector,
telecommunications and infrastructure requirements,
especially improvements to ports. The managers believe U.S.
expertise, technology and services have the potential to make
a significant contribution to the development of the region's
vast natural resources while generating income, jobs and
economic growth. The managers believe this credit facility
should complement resources and activities provided by U.S.
trade promotion agencies to the private sector.
No later than 60 days after the date of enactment of this
Act, the managers request a report from the Coordinator of
Assistance for the New Independent State clarifying a
development strategy for the Russian Far East including an
evaluation of the current and potential contribution of each
agency funded by this Act.
Sec. 592. Authorization for population planning
The conference agreement includes House language limiting
to $385,000,000 the funds available under title II of this
Act for population planning activities or other population
assistance. The Senate included a separate appropriations
account for these activities at a level of $435,000,000. The
conference agreement also includes language providing for
monthly apportionments for this funding at a level of not to
exceed 8.34 percent.
Cash Flow Financing
The conference agreement strikes language proposed by the
House requiring that FMF procurements in excess of
$100,000,000 which are approved for cash flow financing shall
be subject to notification. A similar notification
requirement is included in permanent law (Public Law 104-
164). The Senate bill contained no provision on this matter.
Restrictions on the Termination of Sanctions Against Serbia and
Montenegro
The conference agreement does not include language from the
Senate amendment prohibiting the lifting of sanctions,
prohibitions, or requirements of section 1511 of Public Law
103-160 regarding Serbia or Montenegro unless certain
specified conditions are met. The House bill contained no
provision on this matter.
Use of American Resources
The conference agreement deletes House language regarding
the use of American resources. However, this provision has
been merged in its entirely with section 546 of the
conference agreement.
Guatemala
The conference agreement strikes both the House and Senate
language and includes under the heading ``International
Military Education and Training'' language limiting Guatemala
to expanded IMET only.
North Korea
The conference agreement deletes language proposed by the
House which requires the Secretary of State, in consultation
with the Secretary of Defense, to submit semiannual reports
to the Committees on Appropriations on the status of the
North Korean military. This report is already required in
permanent law. The Senate bill did not contain a similar
provision.
Sense of the Congress Relating to International Adoption Laws and
Practices of Paraguay
The conference agreement deletes a Sense of the Congress
resolution dealing with the plight of Americans seeking to
adopt children in Paraguay. The managers have been informed
by the Department of State that the Secretary has become
personally involved in this matter, and that a new adoption
law is expected to be passed in Paraguay at any time. The
Senate amendment did not contain a provision on this matter.
Withholding of Assistance to Agency Supporting Nuclear Power Plant in
Cuba
The conference agreement strikes language proposed by the
House which would prohibit funds under the heading
``Nonproliferation, Antiterrorism, Demining, and Related
Programs'' that are made available for the International
Atomic Energy Agency from being made available for programs
and projects in Cuba. The Senate bill had no similar
provision. The conferees remain convinced that the Juragua
nuclear facility in Cuba is extremely unsafe and should not
be completed. The conferees therefore direct the Secretary of
State, prior to the obligation of funds for the IAEA, to
certify to the Committees on Appropriations that none of the
funds provided will be used to facilitate the activation of
the Juragua nuclear plant in Cuba.
Limitation on Procurement Outside of the United States
The conference agreement deletes House language restricting
the use of United States funds in foreign countries to buy
products or services, including defense articles or defense
services, from certain other foreign nations. The Senate bill
did not include a similar provision.
Authorization for NATO Expansion
The conference agreement strikes a provision proposed by
the House which provides that no funds in this Act may be
used to pay for NATO expansion not authorized by law. The
conferees note that the authorization of funds to support the
future enlargement of NATO's is within the purview of
responsibilities of the relevant authorization committees of
the House and Senate. The Senate did not include a similar
provision.
Transfer Amendment
The conference agreement deletes House language that
reduced amounts otherwise available for the Economic Support
Fund by $25,000,000 and increased the amount available for
the African Development Fund by the same amount.
Sense of Congress Regarding Costs of the Partnership for Peace Program
and NATO Expansion
The conference agreement strikes the House language on this
matter, however, the conferees strongly support the intent of
the language which states that all member nations of NATO
should contribute their proportionate share to pay for costs
of the Partnership for Peace program and any future costs
attributable to NATO expansion. The conferees direct the
Secretary of State, in consultation with the Secretary of
Defense, to report to the appropriate committees of the
Congress within 90 days of enactment of this Act on the
efforts being undertaken by the United States to ensure that
the United States does not bear an unfair or disproportionate
share of the financial burden of NATO enlargement. The Senate
amendment did not address this matter.
International Financial Institution Policies
The Senate provision relating to procurement opportunities
available to United
[[Page H10629]]
States suppliers and community participation in the planning
and implementation of multilateral bank projects is
incorporated in section 560 of the conference agreement.
Excess Defense Articles for Certain European Countries
The conference agreement deletes Senate language amending
section 105 of Public Law 104-164 to extend the authorities
of such section to fiscal years 1998 and 1999. The House bill
did not contain a provision on this matter.
Sense of the Senate Regarding Estonia, Latvia, and Lithuania
The conference agreement does not include Sense of the
Senate language regarding Estonia, Latvia, and Lithuania,
proposed by the Senate but not addressed in the House bill.
The conferees strongly support increased security relations
between NATO and the Baltic nations and the conference
agreement includes a fifty percent increase over the level
requested by the administration in grant Foreign Military
Financing assistance for Latvia, Lithuania and Estonia.
Promotion of Religious Freedom and Human Rights
The conference agreement does not include language proposed
by the Senate, but not addressed in the House bill, regarding
an annual report on religious persecution and establishing a
Prisoner Information Registry. In addition, the Senate
language contained a provision expressing the Sense of the
Congress that a Commission on Security and Cooperation in
Asia should be established.
The managers agree to defer to Leadership initiatives to
move freestanding legislation on the major issue of religious
freedom.
United States Intelligence Activities Related to Monitoring Human
Rights Abuses and Religious Persecution
The conference agreement deletes Senate language requiring
the President to undertake additional reporting to the
Intelligence Committees. The managers defer to the committees
of jurisdiction in this matter.
Sense of the Senate on the European Commission's Handling of the Boeing
and McDonnell Douglas Merger
The conference agreement deletes Senate language expressing
the Sense of the Senate regarding European objections to a
merger of two major American firms. The House bill did not
contain a provision on this matter.
Use of Funds for the United States-Asia Environmental Partnership
The conference agreement deletes Senate language
authorizing, notwithstanding any other provision of law,
funds to be made available for activities in the People's
Republic of China through the United States-Asia
Environmental Partnership program. The House bill did not
address this matter.
Liberation Tigers of Tamil Eelam
The conference agreement deletes Senate language expressing
the Sense of the Senate that the State Department should list
the Liberation Tigers of Tamil Eelam as a terrorist
organization. The House bill did not address this matter.
Limitation on International Military Education and Training Assistance
for Peru
The conference agreement deletes language proposed by the
Senate prohibiting IMET funds for Peru unless the President
certifies that the Government of Peru is taking all necessary
steps to ensure that United States citizens held in prisons
in Peru are accorded timely, open and fair legal proceedings
in civilian courts. The House bill did not contain a similar
provision.
The conferees direct the Secretary of State, the Secretary
of the Treasury, and the Administrator of the Agency for
International Development to use the diplomatic and financial
resources and influence available to them to encourage the
Government of Peru to take all necessary steps to ensure that
United States citizens held in prisons in Peru are treated
humanely and accorded timely, open and fair legal proceedings
in civilian courts. The conferees request that, no later than
March 1, 1998, the Secretary of State submit a report to the
Committees on Appropriations describing the Administration's
efforts to achieve these ends and the response of the
Government of Peru.
conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 1998 recommended by the Committee of Conference,
with comparisons to the fiscal year 1997 amount, the 1998
budget estimates, and the House and Senate bills for 1998
follow:
New budget (obligational) authority, fiscal year 1997...$12,311,119,710
Budget estimates of new (obligational) authority, fiscal 16,888,168,980
House bill, fiscal year 1998.............................12,311,414,980
Senate bill, fiscal year 1998............................16,859,708,000
Conference agreement, fiscal year 1998...................13,190,968,080
Conference agreement compared with:
New budget (obligational) authority, fiscal year 1997....+879,848,370
Budget estimates of new (obligational) authority, fisca-3,697,200,900
House bill, fiscal year 1998.............................+879,553,100
Senate bill, fiscal year 1998..........................-3,668,739,920
Sonny Callahan,
John Edward Porter,
Ron Packard,
Joe Knollenberg,
Mike Forbes,
Jack Kingston,
R.P. Frelinghuysen,
Bob Livingston,
Nancy Pelosi,
Sidney R. Yates,
Nita M. Lowey,
Esteban E. Torres,
David Obey,
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
R.F. Bennett,
Ben Nighthorse Campbell,
Ted Stevens,
Thad Cochran,
Patrick J. Leahy,
Daniel K. Inouye,
Frank R. Lautenberg,
Tom Harkin,
Managers on the Part of the Senate.
Mr. MOAKLEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from New Jersey [Mr. Pallone].
Mr. PALLONE. Mr. Speaker, I have been very surprised to hear my
colleague from Florida, Mr. Goss, and my colleague from Illinois, Mr.
Hyde, both of whom I have a great deal of respect for, decry this rule
that has been in effect for so many years as too traditional. I think
my colleague from Florida said times have changed, and the gentleman
from Illinois talked about traditions having to change.
Mr. Speaker, I think that this is a tradition that should not change
because it is based on protections that were put into place, in effect,
in reaction to the McCarthy era of the House Un-American Activities
Committee, specifically the Hollywood 10 hearing.
Mr. Speaker, we know, those of us who have seen clips or videos from
that day, know that witnesses were filmed, blacklisted, their lives
were destroyed. Why would we want to go back to that? Why do we not
learn the lessons of the past and not repeat the mistakes that were
made in the past?
Now I heard the gentleman from Florida [Mr. Goss] say that we should
not have to worry about possible abuse because if there was abuse,
people would understand, they would react and say, well, that witness
is being abused and is that not terrible that that is happening? Well,
my colleagues know how TV is. People turn TV on and off. They might
watch the individual being scrutinized or being harassed and not watch
the reaction.
So the suggestion that somehow someone is going to be watching this
process for half an hour or an hour and 2 hours and see both sides,
that is not the way things often happen. People sometimes flick on the
TV for a minute or two, and that person is defamed.
Then I heard the gentleman from Illinois [Mr. Hyde] say, well, this
is a classic conflict of rights, the right of the public to know. Well,
I think that there was an understanding when this rule was put into
place that there was a conflict of rights and that this was the
compromise. As was said previously, there is no reason. The cameras can
come into the room, the cameraperson can come into the room, the
broadcast media can be there, the print media can be there, they just
cannot film the person while they are testifying. That was the
compromise.
Mr. Speaker, I just am concerned that the type of protections that
were talked about by my Republican colleagues are not going to exist.
The gentleman from Illinois [Mr. Hyde] said, well, someone will defend
the witness; the gentleman from Pennsylvania [Mr. Kanjorski] or the
gentleman from Massachusetts [Mr. Moakley] or others will get up there
and defend the witness.
We have no guarantee of that. We have no guarantee that the public is
going to really understand or that they are going to watch the whole
proceedings or that someone is going to step forward and defend the
witness. That person is out there, they are out there on their own, and
they should have the right to be able to turn off the camera, because
it does happen on occasion that people are abused, and we do not want
to go back to the mistakes of the past.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Klink].
Mr. KLINK. Mr. Speaker, I thank the gentleman from Massachusetts for
yielding this time to me.
[[Page H10630]]
I am in a very unusual position on this debate, Mr. Speaker, because
for 24 years of my life I worked as a radio and television newscaster,
and I had to stand up to authorities that did not want cameras to come
in and show the light. But I want to tell you, in 5 years in the House
of Representatives, I have seen an abuse by stories that are leaked out
to the news media.
Mr. Speaker, last week I think was a prime example in the Committee
on Commerce, the Subcommittee on Oversight and Investigations, when we
had, leading up to a hearing on a company called Molten Metals that was
associated with two former staffers of the Vice President, news leaks
to all the newspapers telling us how, really, they thought these people
were guilty. Then we saw a memo from the majority saying in fact they
had no evidence, there was no smoking gun, but that this hearing or
these hearings provided a wonderful opportunity to get news media, to
bring the news media in and make people look like they are guilty, to
make these people deny the allegations being brought before them.
That is not the way this House is supposed to run. That is not the
way a democracy is supposed to run. We should be able to have hearings;
we should be able to get to the bottom of these matters; we should have
television as we have here. But when a witness must be subpoenaed, they
should have the right to not be on television. They should have the
right to be able to speak just for the printed record. We should not
have a repeat of the kind of assassination in the news media that led
to that individual back in 1957 feeling so outside the system that he
had to take his own life.
We have seen recently, and whether it is the Republicans or whether
it is the Democrats, we should not put up with an abuse of this system.
A person being subpoenaed before the House of Representatives should be
able to say whether or not they want to appear on television before the
entire world, whether they want to be on trial before the entire world
or whether they want to speak for the legislative record.
Mr. GOSS. Mr. Speaker, I yield such time as he may consume to the
distinguished gentleman from New York [Mr. Solomon], the chairman of
the Committee on Rules.
Mr. SOLOMON. Mr. Speaker, I will be brief.
As my colleagues know, the rule we are proposing to repeal allows a
subpoenaed witness to arbitrarily, for no reason at all, to demand that
TV cameras and radios be turned off, still photography cease, and
radios again be turned off while the witness is testifying before a
committee.
Now, as my colleagues know, I can recall when I was in the minority
on the Foreign Affairs Committee, and the committee called Colonel
Oliver North before us, and we had some majority members who got up and
they derided and demeaned Ollie North.
And do my colleagues know what happened? I stood up as a minority
member, and I told those Members that they were rude, they were crude,
they were arrogant, and they could not carry Ollie North's water. Do my
colleagues know what happened? They ended up looking bad on television
back home before their constituents, and they shut up.
And any Member has that right. We used to do the same thing with a
very arrogant subcommittee chairman who used to deride and demean
members of the Reagan administration. Do my colleagues know what? We
did the same thing to him. Do my colleagues know what happened after a
little while? He became respectful. When he called witnesses, he
treated them with a little respect.
That is all we have to do, stand up for the rights of these people.
Now by repealing this rule that lets subpoenaed witnesses arbitrarily
force out TV and radio so that the American people cannot see them, my
colleagues know they have a right to see those people. Mr. Speaker, if
Members vote to repeal this antisunshine rule, we will then have rules
identical to the Senate.
Now think about this. For the last 60 years, the Senate will have, or
we will have the exact same rules as the Senate. I have never once
watched anyone derided, defamed, or demeaned over in the Senate. Our
rules would then end up exactly the same.
Members should know that if they come over here and they vote no on
this rule, they are turning off the TV coverage to their constituents.
If they vote yes, they are voting to leave that TV on so that they
could see what we are doing down here.
Mr. Speaker, I am going to advise my colleagues to get over here and
vote yes on this.
Mr. Speaker, I thank the gentleman from Sanibel, Florida for yielding
to me to support a measure which will provide for more sunshine in
committee proceedings, and will enhance public interest and education
in Congress.
In several high-profile congressional investigations in recent years
certain witnesses, subpoenaed to appear before House committees, have
invoked a little-known House rule which denied all media the ability to
fully report on those proceedings.
This House rule allows a subpoenaed witness to arbitrarily demand
that TV cameras be turned off, still photography cease, and radio
coverage end as well, while the witness is testifying before the
committee.
The assertion of this right before several committees since the late
1980's have given many Members--on both sides of the aisle--firsthand
experience with the rule.
Several Members who are very active in their committee work have
found the rule frustrating and have approached me on the House floor to
discuss it.
Congressional hearings serve an important educational role in our
system of government. Opponents of this rule change will rightly point
out that federal courts are not televised.
Congressional investigative hearings serve a completely different
constitutional purpose--oversight of the nation's laws, educating the
public about the activities of their government, and ultimately, a
legislative function.
Before we can properly make new laws, we must fully understand the
functioning of current laws.
Mr. Speaker, the sweeping changes in electronic communications, and
the vast number and scope of news media outlets available to cover
government events, has also led Members to wonder if this rule may be
archaic.
The Chairman of the Executive Committee of the Radio-Television
Correspondents' Galleries, Mr. Vic Ratner, wrote to the Rules Committee
for the second year in a row requesting that the Committee repeal this
House rule.
This rule, the Radio-TV Correspondents' rightly argue, unfairly
discriminates against the electronic media.
The print press, when this rule is invoked, are allowed to use the
tools of their trade--pad and pen--while cameras and mikes are switched
off.
The Rules Committee found the practical concerns of Members and the
arguments of the Radio-TV Correspondents' be well-founded.
By repealing this rule, House committees, in their infinite wisdom,
can consider whether to close a meeting and expel all press and public,
if an assertion is made that testimony may tend to defame, degrade, or
incriminate any person.
Witnesses enjoy several important protections, which require
committee votes, under current House rules. (clauses 2 (g) and (k) of
rule 11). These rules will remain in effect, if we proceed to repeal
this arbitrary no-cameras rule.
House Members may be so accustomed to TV coverage of the House floor
and its committees that they may forget that for many years the
practice of the House was to not allow television broadcast of
committee proceedings.
It was not until 1970 that the House permitted committees the ability
to adopt rules allowing TV broadcast coverage, if a committee voted to
do so.
In 1995, as part of the historic Republican opening day reform
package, we revised this rule to allow more sunshine to illuminate
committee proceedings for the public.
Under the new House rule, any meeting or hearing must be open to all
media coverage if the session is open to the public, which in fact most
hearings and meetings are.
I consider House Resolution 301 a natural follow-through to those
sunshine reforms adopted at the beginning of the 104th Congress.
I believe the House can, from time to time, adapt itself to new
technology and at the same time assist in the education of the public
about Congress.
We should keep in mind that an informed citizenry is critical to the
success of our Republic.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I still say the people's right of privacy is probably a
little more important than the people's right
[[Page H10631]]
to know, and individuals where people are mandated to come before a
committee without any protection, they cannot rebut the committee. As
chairman or as Member, they cannot cross-examine them. A person is just
helpless, and a hostile Congressman could really make an upstanding
citizen look like a criminal.
Mr. Speaker, I yield 2 minutes to the gentleman from Rhode Island
[Mr. Weygand].
(Mr. WEYGAND asked and was given permission to revise and extend his
remarks.)
Mr. WEYGAND. Mr. Speaker, I thank the gentleman for yielding me such
time.
Mr. Speaker, I come before my colleagues in opposition to this rule,
and I will give them just a few very quick examples of why we should
not be passing that.
I listened very intently to what the gentleman from New York [Mr.
Solomon] said. He is very right in terms of allowing the people back
home to see what we do. Very important, because if we misbehave, they
can see that.
But last week before the Committee on Banking and Financial Services,
we had a very important witness. She came in and testified with regard
to drug cartel money and how it is laundered through Colombian banks,
United States businesses and United States banks, and we as members of
the Committee on Banking and Financial Services were very, very
attentive to her situation and what she was saying. She provided us
with very important information.
But the fact of the matter is, she also was part of that laundering
of drug money. She came before us even though there were threats on her
life. She came before us because she wanted to provide this information
to us.
In order to protect this witness who came without subpoena before the
Committee on Banking and Financial Services, she was screened off from
the press, although they could hear her testimony, no TV cameras, no
photographs, and her voice was disguised.
Now, if she were to be subpoenaed before our committee, she would not
have the right to say no TV cameras, no photographs. Only we, as
Members of Congress, or the chairman could say that.
{time} 1945
That is wrong, because clearly this witness was providing valuable
information to us as Members of Congress, and we would have been
putting her life in danger. This rule would remove that. This is wrong.
For those people who think we, in fact, have to have cameras all the
time, I would say to them this is not the land of Shirley Temple or the
Wizard of Oz. This is not Hollywood, this is the U.S. Congress. Respect
people's rights. Get the information and testimony you need, and do
not, do not, take away the personal rights, and particularly in a case
like this, potentially their life.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would make a few points. I have listened very closely
to the debate here and up in the Committee on Rules, and there has been
a good deal of Member interest. We have talked about this in our
conference and with a lot of Members who have asked questions about
this. I think that we are getting to the point where we are beginning
to understand here that the truth is what matters; the truth of what
actually happens is what is important.
I guess I could find some instances where people have been savaged in
print and saved by TV. I do not know how many instances there are, but
I suspect that Ollie North might think that he was such a person, and
probably many other people would think that.
It is very hard to explain away nervousness for people who speak
before cameras. Some people are more accustomed to it than others. Some
people take it more naturally than others. But the fact is nervousness
as you are speaking tends to evoke sympathy. People viewing would say,
gee, if there is a problem there, it is understood. If it is so
egregious, there is a way for the committee to deal with that.
I think you can go on with the statement about mistakes show up on
TV, and they do show up. Congress occasionally makes mistakes, and when
they show up on TV, it is useful for people to see we make mistakes,
learn from them, and go on to the next thing, rather than hide the
mistakes and sweep them under the rug, which I think the American
people are truly tired of. I think when a panel beats up on a witness,
and I can think of a few cases where that happens, there is generally
sympathy in this country for the witness, and less than sympathy for
the panel.
So I think as you go through this and take a look at all of the
examples that have been suggested to us, we are talking about a problem
that does not really exist. We are not changing the Constitution, we
are not changing the laws of the land, and we are not going into some
new horizon. We are doing what the other body does.
I note that all of the media support this resolution, all of the
media, the print media, the broadcast media, the TV media. Everybody
wants to be sure that the media can operate as the watchdog that we
expect the media to be, without the spin doctors, without the filters,
the raw truth of what actually is happening there.
I have great faith that the people in our country, the people who
elect us, the people who hire us and fire us in the people's House, are
smart enough and capable enough to discern what is right and what is
not right. I think they understand grandstanding. I think they
understand a charade when they see it. I think they understand spin
when they see it. I think it is important to see it, and that is why we
are moving the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield the balance of my time to the
gentleman from Michigan [Mr. Dingell], a gentleman who has conducted
more hearings than anybody in this House and has been more successful
in his hearings probably than anybody else in the House.
The SPEAKER pro tempore (Mr. Snowbarger). The gentleman from Michigan
is recognized for 3\1/2\ minutes.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, I thank my good friend for yielding me
time.
Mr. Speaker, as my good friend and colleague, the ranking minority
member of the Committee on Rules, has observed, I have conducted
probably more hearings of an investigative character than anybody in
this body. Never have I been inhibited, nor has our committee ever been
inhibited, by the presence of the rule before us. We were always able
to get the facts out, and the media, regardless of whether they were
print or electronic, were always able to get the story back to the
American people about what was going on and what the witness said.
The whole verbatim testimony can be made available through any of the
media. The only thing is that we preserve some small shred of dignity
to the individual who appears before a congressional committee to say,
I do not want to be photographed here by cameras from the stills or
movies or other kinds of electronic cameras, and to be protected in
that right. He can be photographed going in; he can be photographed
going out. All the media is present in the room and can take down his
testimony verbatim and publish it the following day or that same day.
They can put it on the 5, 6, 10 or 11 o'clock news. The witnesses who
appear before him and after him can be photographed in full.
I do not think that this is too much to ask, because what it is
really about here is decency. Never, as I mentioned, have we been
thwarted in getting the full facts.
This rule that is now in place was put in place at the suggestion of
a Republican Member in the House, the future leader in the Senate, Hugh
Scott, when the Republicans last controlled this body.
It was because of the unseemly spectacle of Congressional
investigations, where Members of Congress abused and bullied and
harassed witnesses, and when irresponsible charges were made about the
loyalty of decent and law-abiding citizens, and when the reputations of
ordinary Americans were destroyed.
We are not talking about, I remind you, about getting the full facts.
The
[[Page H10632]]
full facts will come out. The media will have full access to the facts
and full participation in the process. The only thing is some small
shred of decency will be afforded to the individuals. Hearsay testimony
is permitted in investigations. Members of Congress can say or do
anything in the course of a hearing, regardless of how false,
slanderous, defamatory or outrageous it might happen to be.
It should be noted that the whole matter finally came to an end when
the counsel for the Army appeared before a Senate committee, Mr. Joseph
Welch, and he had to say it. Senator McCarthy had made one more
outrageous accusation, at this time about a member of Welch's law firm,
and Welch looked the Senator in the eye and he simply said, ``Have you
no decency, sir?''
I think that that is really the question. It is not about rights of
the public to know. The public will know. The public will have the
story reported to them in full, in extraordinary detail. The public
will understand. The individual will have some small shred of decency
afforded to him. The witnesses before him and after him will be heard.
The public can make an intelligent choice.
Never, never, never in all the 14 years that I have run investigative
committees have we in any way been inhibited from getting the story to
the American people. They can know, they should know, and they will
know, under the current rules. This is unnecessary.
Mr. Speaker, we are here tonight debating a change of the House Rules
because the Rules Committee and members of the Government Reform and
Oversight Committee want to repeal a rule protecting the right of a
witness subpoenaed to appear before Congress. The current rule allows a
subpoenaed witness to request that cameras and broadcast microphones be
turned off. All members of the press, both broadcast and print, may
remain at the hearing and report on the hearing, much like they would
report on a trial that has no TV cameras present. The hasty repeal of a
rule that dates back to 1970, and has its genesis in the post-McCarthy
era, is wrong.
I have probably conducted more investigative hearings than any
current Member of Congress, and I can state categorically that this
rule is rarely invoked and has never thwarted a full investigation into
the truth, nor a full reporting of the facts.
I know of no reason why this rule is being rushed to the floor.
Television media are not disadvantaged by this rule. Reporters may stay
in the room and report exactly what occurred in the hearing. They may
report the testimony verbatim, just as print journalists may. Yes, we
do give the right to turn off the camera to the witness who is forced
against his or her will to be here, but there is a good reason.
The rule protecting a witness from unwanted cameras was first
proposed by then-Representative and future Senate Republican Leader
Hugh Scott in 1954 when Republicans last controlled the House. At that
time, the unseemly spectacle of Senator Joseph McCarthy calling in
dozens of American citizens, some famous and some not, before a
national television audience to defend their reputations was fresh in
the public's mind. Three years later, in 1957, a young researcher
called before the House Un-American Activities Committee committed
suicide, because, as he wrote in his suicide note, he had a ``fierce
resentment of being televised.''
On one occasion at a hearing I conducted, a witness, Michael Milken,
requested that the cameras be turned off. I immediately honored the
request. He was represented by the late Edward Bennett Williams, my
former law professor, and a man I deeply respected. He had explained
the reasoning behind this witness right in his 1962 book, One Man's
Freedom: ``The average person is extremely nervous when he appears
before any court or committee. It is unfair to ask him to appear before
the entire country as well.''
We do not need a return to the McCarthy excesses of the 1950's, nor a
repeat of the tragedy of 1957. Along with all Americans I want openness
in government, but the American people are also sensitive to the
possible consequences of an unrestrained media force on individuals who
do not want this attention.
A witness who is forced to appear before a committee of Congress has
very few rights. He may not confront his accusers through cross-
examination. Objections to questions may be easily overruled by the
chairman. Hearsay testimony is permitted. Under the Speech and Debate
clause of the Constitution, Members of Congress may say anything during
the course of a hearing, even if it is false, slanderous, or
defamatory.
The purpose of the rule that is being repealed is to show that the
Congress does, in fact, respect the individual. It shows that whether
or not the Constitution provides a right to some form of privacy, that
the Congress respects the right of an individual not to be improperly
harassed.
There was a time in our not too distant past when certain Congressmen
and Senators forgot about the importance of showing respect to the
individual. We should not forget those terrible McCarthy hearings,
which brought such disrespect upon the Congress. The American people
intuitively knew what was taking place was wrong, but it took the
eloquent words of the counsel to the Senate committee, Joseph Welch to
say it. When Senator McCarthy had made yet one more accusation, this
time about a member of Welch's law firm, Welch look the Senator in the
eye, and simply said, ``Have you no decency, sir at long last?''
That is what this rule is about--simple decency. It is a recognition
that whether the Congress has nearly limitless power to investigate,
simple rules of decency must apply. Maybe the individual is afraid of
cameras; maybe the individual has a disability; maybe the individual
has a religious objection to cameras. It matters not what the reason
is. The existing rule is a statement that this House will conduct
itself with a respect of the individual. It is the one rule that a
single individual may invoke. No majority of the committee can override
this rule.
In the end, the benefits of the rule will go not just to the
individual, but to the Congress itself, because if we are not seen as
fair, as respectful, and decent, we only hurt the respect for this
institution.
The Congress has already voted that the investigative phase of
allegations of misconduct by Members before the Committee on Standards
of Official Conduct will be conducted without the cameras running.
Should not every American have the same right as a Member of Congress?
Vote no on this dangerous return to our past.
Mr. GOSS. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
[Mr. Barton].
Mr. BARTON of Texas. I thank the gentleman from Florida for yielding
me time.
Mr. Speaker, I am the chairman of the Subcommittee on Oversight and
Investigations of the Committee on Commerce. We have not issued a
subpoena in the 3 years that we have been in the majority on that
subcommittee. I would like to just make a couple of points.
Number one, whether we have this rule change or not, the Congress
gives the power to ultimately decide whether to televise or not
televise to the television networks. They have the right under the
first amendment to choose to televise or not to televise. We are not
changing that.
Number two, any witnesses that are not subpoenaed do not have the
right to revoke television coverage. If they choose to appear
voluntarily before our committee, and the networks choose to televise
that particular hearing, then it is televised.
Number three, if we grant this rule change, the committee still has
the authority to vote to prohibit cameras if there is a sensitivity
involved in the issue that the majority of that committee on a
bipartisan basis feels that it should not be televised.
So I would hope that we would vote this rule change. We should not
give a witness the right to prevent the American people from knowing
what it is that a witness is or is not going to say when it is a
national issue and an issue of pressing public policy.
Again, I would reiterate the Subcommittee on Oversight and
Investigations of the Committee on Commerce has yet to issue a subpoena
to any witness in the 3 years we have been in the majority. We ask our
witnesses to appear voluntarily, and I would say 95 percent of the time
the witnesses do appear.
So I hope we vote for the rule change and let the American people
know what it is that is going on before the committees of Congress.
Mr. GOSS. Mr. Speaker, I yield the balance of my time to the
gentleman from Georgia [Mr. Gingrich], the Speaker of the House.
The SPEAKER pro tempore (Mr. Calvert). The gentleman from Georgia is
recognized for 8 minutes.
Mr. GINGRICH. Mr. Speaker, I do appreciate very much the gentleman
from Florida yielding me this time. I will not use it all.
I wanted to rise on this topic because I think it is a very, very
important question for the House, and one that every Member of the
House should weigh in their own conscience.
[[Page H10633]]
I came to the U.S. House as a freshman in 1978, in the election of
1978. I was sworn in in January of 1979, and the House was dark. Only
in April of that year was television permitted in the House, and at the
time there were many cries that it would permanently ruin the process.
The Senate at that time refused to be televised.
Over a period of years, several things happened. We live in an
electronic age. We live in an age where people use the Internet, they
use television, they use radio, they surf the Net, they surf channels.
And in that electronic age, Senators began to realize that, all of a
sudden, the coverage which had historically been dominated by the
Senate was shifting to the House because it was a more immediate, a
more real, a more vivid institution.
I think today if someone were to come to the floor and say, let's
repeal televising the House, let's close down C-SPAN, let's make it
impossible to take televised debate off the floor of the House, people
would look at them in wonderment. They would say, how could you think
of that? Because the modern news is in large part an electronic news.
It is a process of immediacy that is quite unusual.
Now we come to the question of committees. What is the purpose of
holding a committee hearing? It is to learn the truth, to listen to
opinions, to inform the Members and to inform the public.
We live in an age where murder trials are televised; we live in an
age where television is virtually ubiquitous; we live in an age where
people are pretty aware of and sensitive to the process of television.
And what is the proposed change here? What is this dramatic, bold new
breakthrough? It is to adopt the rules which are already in force in
the Senate. That is right, exactly the same protections that already
exist in the Senate.
Now, I have yet to hear any Senator suggest that the Senate should
quit televising hearings. I have not heard a single Democrat or
Republican suggest that there is anything wrong with any hearing on any
topic, as long as it does not involve national security.
If it involves defamation of a person, if it involves something which
could affect their livelihood, the committee in the House or the
committee in the Senate has the right to close the hearing for good
reason. If it involves national security, the committee has the right
to exclude the media for good reason.
But the normal, standard set in the Senate is that a hearing is a
hearing, and that this is the people's Congress, and, therefore, the
people have a right to access; and in the modern era the most effective
method of access is electronics, which means radio and television.
Now, what about the witnesses' rights? They are not changed at all.
The witness arrives, accompanied by an attorney. The witness has all of
the legal protections given them. The witness has every right to refuse
to testify. The witness has every right to seek protection of the fifth
amendment. The witness has every right to clarify. None of those
protections for the witness are changed.
Our friends would suggest that there is somehow a magic difference
between the same witness with the same attorney in the same hearing
answering the same question, having it recorded by a newspaper in print
and having it broadcast by radio or television.
{time} 2000
But I think that is to miss the entire revolution of our generation.
What is making the world different is the ability to have an
electronic relationship that is real and vivid. At a time when the O.J.
Simpson trial was available to every citizen; at a time when city
councils are open to camera in Smyrna, Georgia; for example, every
Monday night is city council night in Smyrna, and every citizen in
Smyrna can watch, unless they are discussing a personnel decision that
is sensitive. But to suggest that we should now retain a 1957 rule, at
a time, by the way, when there was no television in the House; in Sam
Rayburn's day, they did not have televised House proceedings. But now,
in the modern era, I think it is wrong.
I would just pose this before any of my friends in the Democratic
Party vote ``no.'' I do not believe one can find a single Democratic
Senator who would seek to go back and bar cameras and microphones from
a Senate hearing. I do not believe one can find a single Member who has
served in the Senate who would seek to go back and bar television and
radio from a hearing. If, in the last 40 years, it has done no damage
to witnesses in the Senate, what is it we are afraid of that it would
do in the House?
The time has come to open the committees, just as when I was a
freshman we opened up the House Chamber. Just as C-SPAN was good for
the House Chamber, I believe the same coverage in the committees will
be good, and I urge every Member to vote for this change, to bring the
full light of complete news media coverage into the hearings of the
United States House.
Mr. GOSS. Mr. Speaker, I move the previous question on the
resolution.
The previous question was ordered.
The SPEAKER pro tempore (Mr. Calvert). The question is on the
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MOAKLEY. Mr. Speaker, on that I demand the yeas and yeas.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I, further
proceedings on this question are postponed.
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