Home > 105th Congressional Public Laws > Pub.L. 105-119 Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1998, and for other purposes. <> ...

Pub.L. 105-119 Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1998, and for other purposes. <> ...


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such funds shall be subject to the regular notification procedures of 
the Committees on <<NOTE: President. Reports.>>  Appropriations: 
Provided further, That 30 days after enactment of this Act, the 
President shall report to the Committees on Appropriations on the 
results of the FBI investigation into the bombing attack in Phnom Penh 
on March 30, 1997.

                    international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 of 
the Foreign Assistance Act of 1961, as amended, $190,000,000, to remain 
available until expended.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying direct loans and loan guarantees, as the 
President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the cost of selling, reducing, or 
canceling amounts, through debt buybacks and swaps, owed to the United 
States as a result of concessional loans made to eligible Latin American 
and Caribbean countries, pursuant to part IV of the Foreign Assistance 
Act of 1961; of modifying concessional loans extended to least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended; and of modifying any 
obligation, or portion of such obligation for Latin American countries 
to pay for purchases of United States agricultural commodities 
guaranteed by the Commodity Credit Corporation under export credit 
guarantee programs authorized pursuant to section 5(f ) of the Commodity 
Credit Corporation Charter Act of June 29, 1948, as amended, section 
4(b) of the Food for Peace Act of 1966, as amended (Public Law 89-808), 
or section 202 of the Agricultural Trade Act of 1978, as amended (Public 
Law 95-501); $27,000,000, to remain available until expended: Provided, 
That not to exceed $1,500,000 of such funds may be used for 
implementation of improvements in the foreign credit reporting system of 
the United States Government.

         micro and small enterprise development program account

    For the cost of direct loans and loan guarantees, $1,500,000, as 
authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That guarantees 
of loans made under this heading in support of microenterprise 
activities may guarantee up to 70 percent of the principal amount of any 
such loans notwithstanding section 108 of the Foreign Assistance Act of 
1961. In addition, for administrative expenses to carry out programs 
under this heading, $500,000, all of which may be transferred to and 
merged with the appropriation for Operating Expenses of the Agency for 
International Development: Provided further, That funds made available 
under this heading shall remain available until September 30, 1999.

[[Page 111 STAT. 2392]]

             urban and environmental credit program account

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of 
the Foreign Assistance Act of 1961, including the cost of guaranteed 
loans designed to promote the urban and environmental policies and 
objectives of part I of such Act, $3,000,000, to remain available until 
September 30, 1999: Provided, That these funds are available to 
subsidize loan principal, 100 percent of which shall be guaranteed, 
pursuant to the authority of such sections. In addition, for 
administrative expenses to carry out guaranteed loan programs, 
$6,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans under 
this heading may be entered into notwithstanding the second and third 
sentences of section 222(a) and, with regard to programs for Central and 
Eastern Europe and programs for the benefit of South Africans 
disadvantaged by apartheid, section 223( j) of the Foreign Assistance 
Act of 1961.

      payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $44,208,000.

     operating expenses of the agency for international development

    For necessary expenses to carry out the provisions of section 667, 
$473,000,000: Provided, That none of the funds appropriated by this Act 
for programs administered by the Agency for International Development 
may be used to finance printing costs of any report or study (except 
feasibility, design, or evaluation reports or studies) in excess of 
$25,000 without the approval of the Administrator of the Agency or the 
Administrator's designee.

operating expenses of the agency for international development office of 
                            inspector general

    For necessary expenses to carry out the provisions of section 667, 
$29,047,000, to remain available until September 30, 1999, which sum 
shall be available for the Office of the Inspector General of the Agency 
for International Development.

                   Other Bilateral Economic Assistance

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,400,000,000, to remain available until September 30, 1999: 
Provided, That of the funds appropriated under this heading, not less 
than $1,200,000,000 shall be available only for Israel, which sum shall 
be available on a grant basis as a cash transfer and shall be disbursed 
within 30 days of enactment of this Act or by October 31, 1997, 
whichever is later: Provided further, That not less than $815,000,000 
shall be available only for Egypt, which sum shall be provided on a 
grant basis, and of which sum

[[Page 111 STAT. 2393]]

cash transfer assistance may be provided, with the understanding that 
Egypt will undertake significant economic reforms which are additional 
to those which were undertaken in previous fiscal years: Provided 
further, That <<NOTE: President.>>  in exercising the authority to 
provide cash transfer assistance for Israel, the President shall ensure 
that the level of such assistance does not cause an adverse impact on 
the total level of nonmilitary exports from the United States to such 
country: Provided further, That of the funds appropriated under this 
heading, not less than $150,000,000 shall be made available for Jordan: 
Provided further, That of the funds made available under this heading in 
previous Acts making appropriations for foreign operations, export 
financing, and related programs, notwithstanding any provision in any 
such heading in such previous Acts, up to $116,000,000 may be allocated 
or made available for programs and activities under this heading 
including the Middle East Peace and Stability Fund: Provided further, 
That in carrying out the previous proviso, the President should seek to 
ensure to the extent feasible that not more than 1 percent of the amount 
specified in section 586 of this Act should be derived from funds that 
would otherwise be made available for any single country: Provided 
further, That funds provided for the Middle East Peace and Stability 
Fund by a country in the region under the authority of section 635(d) of 
the Foreign Assistance Act of 1961, and funds made available for Jordan 
following the date of enactment of this Act from previous Acts making 
appropriations for foreign operations, export financing, and related 
programs, shall count toward meeting the earmark contained in the fourth 
proviso under this heading: Provided further, That up to $10,000,000 of 
funds under this heading in previous foreign operations, export 
financing, and related programs appropriations Acts that were 
reprogrammed for Jordan during fiscal year 1997 shall also count toward 
such earmark: Provided further, That, in order to facilitate the 
implementation of the fourth proviso under this heading, the requirement 
of section 515 of this Act or any similar provision of law shall not 
apply to the making available of funds appropriated for a fiscal year 
for programs, projects, or activities that were justified for another 
fiscal year: Provided further, That for fiscal year 1998 such portions 
of the notification required under section 653 of the Foreign Assistance 
Act of 1961 that relate to the Middle East may be submitted to the 
Congress as soon as practicable, but no later than March 1, 1998: 
Provided further, That during fiscal year 1998, of the local currencies 
generated from funds made available under this heading for Guatemala by 
this Act and prior appropriations Acts, the United States and Guatemala 
may jointly program the Guatemala quetzales equivalent of a total of up 
to $10,000,000 for the purpose of retiring the debt owed by universities 
in Guatemala to the Inter-American Development Bank.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds

[[Page 111 STAT. 2394]]

made available under this heading shall remain available until September 
30, 1999.

           assistance for eastern europe and the baltic states

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $485,000,000, to remain available until 
September 30, 1999, which shall be available, notwithstanding any other 
provision of law, for economic assistance and for related programs for 
Eastern Europe and the Baltic States.
    (b) Funds appropriated under this heading or in prior appropriations 
Acts that are or have been made available for an Enterprise Fund may be 
deposited by such Fund in interest-bearing accounts prior to the Fund's 
disbursement of such funds for program purposes. The Fund may retain for 
such program purposes any interest earned on such deposits without 
returning such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate necessary to make 
timely payment for projects and activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (d) None of the funds appropriated under this heading may be made 
available for new housing construction or repair or reconstruction of 
existing housing in Bosnia and Herzegovina unless directly related to 
the efforts of United States troops to promote peace in said country.
    (e) With regard to funds appropriated or otherwise made available 
under this heading for the economic revitalization program in Bosnia and 
Herzegovina, and local currencies generated by such funds (including the 
conversion of funds appropriated under this heading into currency used 
by Bosnia and Herzegovina as local currency and local currency returned 
or repaid under such program)--
            (1) the Administrator of the Agency for International 
        Development shall provide written approval for grants and loans 
        prior to the obligation and expenditure of funds for such 
        purposes, and prior to the use of funds that have been returned 
        or repaid to any lending facility or grantee; and
            (2) the <<NOTE: Applicability.>>  provisions of section 532 
        of this Act shall apply.

    (f ) The President is authorized to withhold funds appropriated 
under this heading made available for economic revitalization programs 
in Bosnia and Herzegovina, if he determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
Iranian officials and Bosnian officials has not been terminated.
    (g) Not to exceed $200,000,000 of the funds appropriated under this 
heading may be made available for Bosnia and Herzegovina exclusive of 
assistance for police training.
    (h) Not to exceed $7,000,000 of the funds made available for Bosnia 
and Herzegovina may be made available for the cost, as

[[Page 111 STAT. 2395]]

defined in section 502 of the Congressional Budget Act of 1974, of 
modifying direct loans and loan guarantees for said country.

  assistance for the new independent states of the former soviet union

    (a) For necessary expenses to carry out the provisions of chapter 11 
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support 
Act, for assistance for the new independent states of the former Soviet 
Union and for related programs, $770,000,000, to remain available until 
September <<NOTE: Applicability.>>  30, 1999: Provided, That the 
provisions of such chapter shall apply to funds appropriated by this 
paragraph.

    (b) None of the funds appropriated under this heading shall be made 
available to the Government of Russia--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, negotiating repayment of 
        commercial debt, respect for commercial contracts, and equitable 
        treatment of foreign private investment;
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures; and
            (3) funds may be furnished without regard to this subsection 
        if the President determines that to do so is in the national 
        interest.

    (c) None <<NOTE: 22 USC 5814 note.>>  of the funds appropriated 
under this heading shall be made available to any government of the new 
independent states of the former Soviet Union if that government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other new independent state, such as those violations 
included in the Helsinki Final Act: Provided, That such funds may be 
made available without regard to the restriction in this subsection if 
the President determines that to do so is in the national security 
interest of the United States: Provided further, That the restriction of 
this subsection shall not apply to the use of such funds for the 
provision of assistance for purposes of humanitarian and refugee relief.

    (d) None of the funds appropriated under this heading for the new 
independent states of the former Soviet Union shall be made available 
for any state to enhance its military capability: Provided, That this 
restriction does not apply to demilitarization, demining, or 
nonproliferation programs.
    (e) Funds appropriated under this heading shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (f ) Funds made available in this Act for assistance to the new 
independent states of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (g) Funds appropriated under title II of this Act, including funds 
appropriated under this heading, may be made available for assistance 
for Mongolia: Provided, That funds made available for assistance for 
Mongolia may be made available in accordance with the purposes and 
utilizing the authorities provided in chapter 11 of part I of the 
Foreign Assistance Act of 1961.

[[Page 111 STAT. 2396]]

    (h) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 

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