[[Page 112 STAT. 2681-188]]
appropriated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
Sec. 554. 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 $30,000,000 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 <<NOTE: 22 USC 2656 note.>> 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: Provided further, That
the drawdown made under this section for any
tribunal shall not be construed as an endorsement or precedent for the
establishment of any standing or permanent international criminal
tribunal or court: Provided further, That funds made available for
tribunals or commissions other than for Yugoslavia or Rwanda shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
Sec. 555. 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.
Sec. 556. 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
[[Page 112 STAT. 2681-189]]
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.
Sec. 557. None of the funds appropriated or otherwise made available
by this Act under the heading ``International Military Education and
Training '' or ``Foreign Military Financing Program'' for Informational
Program activities may be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
Sec. 558. Not more than 17 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.
Sec. 559. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation for a Latin
American country, to pay for purchases of United States
agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized
pursuant to section 5(f ) of the Commodity Credit Corporation
Charter Act of June 29, 1948, as amended, section 4(b) of the
Food for Peace Act of 1966, as amended (Public Law 89-808), or
section 202 of the Agricultural Trade Act of 1978, as amended
(Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief ad
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.
[[Page 112 STAT. 2681-190]]
(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.
Sec. 560. (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.
[[Page 112 STAT. 2681-191]]
(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 ''.
Sec. 561. (a) Limitation.--Funds appropriated by this Act may be
made available for assistance for the central Government of Haiti only
if the President reports to the Committee on Appropriations and the
Committee on International Relations of the House of Representatives and
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate that the Government of Haiti--
(1) has completed privatization of (or placed under long-
term private management or concession) three major public
entities including the completion of all required incorporating
documents, the transfer of assets, and the eviction of
unauthorized occupants of the land or facility;
(2) has re-signed or is implementing the bilateral
Repatriation Agreement with the United States and in the
preceding six months that the central Government of Haiti is
cooperating with the United States in halting illegal emigration
from Haiti;
(3) is conducting thorough investigations of extrajudicial
and political killings and has made substantial progress in
bringing to justice a person or persons responsible for one or
more extrajudicial or political killings in Haiti, and is
[[Page 112 STAT. 2681-192]]
cooperating with United States authorities and with United
States-funded technical advisors to the Haitian National Police
in such investigations;
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial
guard, and any other public security entity or unit of Haiti
those individuals who are credibly alleged to have engaged in or
conspired to conceal gross violations of internationally
recognized human rights or credibly alleged to have engaged in
or conspired to engage in narcotics trafficking; and
(5) has ratified or is implementing the maritime counter-
narcotics agreements signed in October 1997.
(b) Availability of Electoral Assistance.--The limitation in
subsection (a) shall not apply to funds appropriated by this Act that
are made available to support elections in Haiti if the President
reports to the Congress that the central Government of Haiti:
(1) has achieved a transparent settlement of the contested
April 1997 elections; and
(2) has made concrete progress on the constitution of a
credible and competent provisional electoral
council that is acceptable to a broad spectrum of political parties and
civic groups.
(c) Exceptions.--The limitations in subsections (a) and (b) shall
not apply to the provision of--
(1) counter-narcotics assistance, support for the Haitian
National Police's Special Investigations Unit and anti-
corruption programs, the International Criminal Investigative
Assistance Program, and assistance in support of Haitian customs
and maritime officials;
(2) food assistance management and support;
(3) assistance for urgent humanitarian needs, such as
medical and other supplies and services in support of community
health services, schools, and orphanages; and
(4) not more than $3,000,000 for the development and support
of political parties and civic groups.
(d) Waiver.--At any time after 150 days from the date of enactment
of this Act, the Secretary of State may waive the requirements contained
in subsection (a)(1) if she reports to the Committees specified in
subsection (a) that the Government of Haiti has satisfied the
requirements of subsection (a)(1) with regard to one major public entity
and has satisfied the remaining requirements of subsection (a).
(e) Reports.--The Secretary of State shall provide to the Committees
specified in subsection (a) on a quarterly basis--
(1) in consultation with the Secretary of Defense and the
Administrator of the Drug Enforcement Administration, a report
on the status and number of United States personnel deployed in
and around Haiti on Department of Defense, Drug Enforcement
Administration, and United Nations missions, including displays
by functional or operational assignment for such personnel and
the cost to the United States of these operations; and
(2) the monthly reports, prepared during the previous
quarter, of the Organization of American States/United Nations
International Civilian Mission to Haiti (MICIVIH).
[[Page 112 STAT. 2681-193]]
(f) Administration of Justice Assistance.--(1) The limitation in
subsection (a) shall not apply to funds appropriated under this Act that
are made available for the Ministry of Justice for the training of
judges if the President determines and reports 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 Haiti's Minister of
Justice--
(A) has demonstrated a commitment to the professionalism of
judicial personnel by consistently placing students graduated by
the Judicial School in appropriate judicial positions and has
made a commitment to share program costs associated with the
Judicial School; and
(B) is making progress in making the judicial branch in
Haiti independent from the executive branch.
(2) The limitation in subsection (a) shall not apply to funds to
support the training of prosecutors, judicial mentoring, legal
assistance, and case management.
Sec. 562. <<NOTE: 22 USC 2414a note.>> (a) Foreign Aid Reporting
Requirement.--In addition to the voting practices of a foreign country,
the report required to be submitted to Congress under section 406(a) of
the Foreign Relations Authorization Act, fiscal years 1990 and 1991 (22
U.S.C. 2414a), shall include a side-by-side comparison of individual
countries' overall support for the United States at the United Nations
and the amount of United States assistance provided to such country in
fiscal year 1998.
(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)).
Sec. 563. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated 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 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) 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
[[Page 112 STAT. 2681-194]]
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
Sec. 564. Not later than ninety days after enactment of this Act,
the Secretary of Labor shall provide to the Committees on Appropriations
a report addressing labor practices in Burma: Provided, That the report
shall provide comprehensive details on child labor practices, worker's
rights, forced relocation of laborers, forced labor performed to support
the tourism industry, and forced labor performed in conjunction with,
and in support of, the Yadonna gas pipeline: Provided further, That the
report should address whether the government is in compliance with
international labor standards: Provided further, That the report should
provide details regarding the United States government's efforts to
address and correct practices of forced labor in Burma.
Sec. 565. 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.
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.
Sec. 567. None of the funds appropriated 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.
Sec. 568. 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
[[Page 112 STAT. 2681-195]]
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.
Sec. 569. 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.
Sec. 570. (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 (e).
(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 (e).
(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 (e), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial
Services of the House of Representatives a written justification
for the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and
the European Bank for Reconstruction and Development.
(c) Exceptions.--
[[Page 112 STAT. 2681-196]]
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical
infrastructure projects involving activities in both a
sanctioned country, entity, or canton and a
nonsanctioned contiguous country, entity, or canton, if
the project is primarily located in and primarily
benefits the nonsanctioned country, entity, or canton
and if the portion of the project located in the
sanctioned country, entity, or canton is necessary only
to complete the project;
(D) small-scale assistance projects or activities
requested by United States Armed Forces that promote
good relations between such forces and the officials and
citizens of the areas in the United States SFOR sector
of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial
institutions to a country or entity to support common
monetary and fiscal policies at the national level as
contemplated by the Dayton Agreement; or
(G) direct lending to a non-sanctioned entity, or
lending passed on by the national government to a non-
sanctioned entity.
(H) assistance to the International Police Task
Force for the training of a civilian police force.
<<NOTE: Federal Register, publication.>> (2)
Notification.--Every 30 days the Secretary of State, in
consultation with the Administrator of the Agency for
International Development, shall publish in the Federal Register
and/or in a comparable publicly accessible document or internet
site, a listing and justification of any assistance that is
obligated within that period of time for any country, entity, or
canton described in subsection (e), including a description of
the purpose of the assistance, project and its location, by
municipality.
(d) Further limitations.--Notwithstanding subsection (c)--
(1) 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 (e), for a program, project, or
activity in which a publicly indicted war criminal is known to
have any financial or material interest; and
(2) 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 (e) 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.
(e) 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.
[[Page 112 STAT. 2681-197]]
(f) 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 (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; and
(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.
(g) 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.
(h) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-Herzegovina,
Croatia, Serbia, and Montenegro.
(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.
(i) Role of Human Rights Organizations and Government Agencies.--In
carrying out this section, 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 (e).
[[Page 112 STAT. 2681-198]]
Sec. 571. (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 striking the word ``and'' after ``1997'',
and inserting in lieu thereof a comma and inserting before the period at
the end the following: ``and $340,000,000 for fiscal year 1999''.
(b) Requirements Relating to the Republic of Korea and Thailand.--
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended
by adding at the end the following: ``Of the amount specified in
subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be
made available for stockpiles in the Republic of Korea and not more than
$20,000,000 may be made available for stockpiles in Thailand.''.
Sec. 572. None of the funds appropriated under this Act may be made
available for the Government of Russian Federation, after 180 days from
the date of enactment of this Act, unless the President determines and
certifies in writing to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate 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.
Sec. 573. (a) Funds made available in this Act to support programs
or activities promoting country participation in the Kyoto Protocol to
the Framework Convention on Climate Change
(FCCC) shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all Federal
agency obligations and expenditures for climate change programs and
activities, domestic and international, for fiscal year 1998, planned
obligations for such activities in fiscal year 1999, and any plan for
programs thereafter related to the implementation or the furtherance of
protocols pursuant to, or related to negotiations to amend the FCCC in
conjunction with the President's submission of the Budget of the United
States Government for Fiscal Year 2000: Provided, That such report shall
include an accounting of expenditures by agency with each agency
identifying climate change activities and associated costs by line item
as presented in the President's Budget Appendix.
Sec. 574. (a) Withholding of Assistance.--Except as provided in
subsection (b), whenever the President determines and
[[Page 112 STAT. 2681-199]]
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 or 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.
Sec. 575. (a) None of the funds appropriated by this Act may be
provided for assistance for the central Government of the Democratic
Government of Congo until such time as the President reports in writing
to the Congress that the central Government is--
(1) investigating and prosecuting those responsible for
human rights violations committed in the Democratic Republic of
Congo; and
(2) implementing a credible democratic transition program.
(b) This section shall not apply to assistance to promote democracy
and the rule of law as part of a plan to implement a credible democratic
transition program.
Sec. 576. 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 1999 be made available for activities that, if
funded under this Act, would be required to count against this ceiling:
Provided further, That funds may be made available notwithstanding the
requirements of this
section if the President determines and certifies to the Committees on
Appropriations that it is important to the national security interest of
the United States to do so and any such additional funds shall only be
provided through the regular notification procedures of the Committees
on Appropriations.
[[Page 112 STAT. 2681-200]]
Sec. 577. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
Sec. 578. 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.
Sec. 579. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1999 for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
Sec. 580. (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.
Sec. 581. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by January 31, 1999, a report on
all military training provided to foreign military personnel under
programs administered by the Department of Defense and the Department of
State during fiscal years 1998 and 1999, including those proposed for
fiscal year 1999. This report shall include, for each such military
training activity, the foreign policy justification and purpose for the
training activity, the cost of the training activity, the number of
foreign students trained and their units of operation, and the location
of the training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United
States military units involved in each such training activity. This
report may include a classified annex if deemed necessary and
appropriate.
(b) For purposes of this section a report to Congress shall be
deemed to mean a report to the Appropriations and Foreign
[[Page 112 STAT. 2681-201]]
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of Representatives.
Sec. 582. (a) of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not
to exceed $35,000,000 may be made available for the Korean Peninsula
Energy Development Organization (hereafter referred to in this section
as ``KEDO''), notwithstanding any other provision of law, only for the
administrative expenses and heavy fuel oil costs associated with the
Agreed Framework: Provided, that none of these funds may be made
available until March 1, 1999.
(b) Of the funds made available for KEDO, up to $15,000,000 may be
made available prior to June 1, 1999, 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 have taken and
continue to take demonstrable steps to assure that progress is
made on the implementation of the January 1, 1992, Joint
Declaration on the Denuclearization of the Korean Peninsula in
which the government of North Korea has committed not to test,
manufacture, produce, receive, possess, store, deploy or use
nuclear weapons;
(B) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to assure that progress is
made on the implementation of the North-South dialogue; and
(C) North Korea is complying with all provisions of the
Agreed Framework and with the Confidential Minute between North
Korea and the United States;
(2) North Korea is cooperating fully in the canning and safe
storage of all spent fuel from its graphite-moderated nuclear
reactors;
(3) North Korea has not significantly diverted assistance
provided by the United States for purposes for which it was not
intended; and
(4) the United States is fully engaged in efforts to impede
North Korea's development and export of ballistic missiles; and
(c) Of the funds made available for KEDO, up to $20,000,000 may be
made available on or after June 1, 1999, if, thirty days prior to such
obligation of funds, the President certifies and so reports to Congress
that:
(1) the United States has initiated meaningful discussions
with North Korea on implementation of the Joint Declaration on
the Denuclearization of the Korean Peninsula;
(2) the United States has reached agreement with North Korea
on the means for satisfying U.S. concerns regarding suspect
underground construction; and;
(3) the United States is making significant progress on
reducing and eliminating the North Korean ballistic missile
threat, including its ballistic missile exports.
(d) The President may waive the certification requirements of
subsections (b) and (c) if the President determines that it is vital to
the national security interests of the United States and
[[Page 112 STAT. 2681-202]]
provides written policy justifications to the appropriate congressional
committees prior to his exercise of such waiver. No funds may be
obligated for KEDO until 30 days after submission to Congress of such
waiver.
(e) Not later than January 1, 1999, the President shall name a
``North Korea Policy Coordinator'', who shall conduct a full and
complete interagency review of United States policy toward North Korea,
shall provide policy direction for negotiations with North Korea related
to nuclear weapons, ballistic missiles, and other security related
issues, and shall also provide leadership for United States
participation in KEDO.
(f) 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 KEDO, to include unpaid
debt, proposed annual costs associated with heavy fuel oil purchases,
and the amount of funds pledged by other donor nations and organizations
to support KEDO activities on a per country basis, and other related
activities.
(g) The Secretary of Defense shall submit to the appropriate
congressional committees an annual report on the degree to which KEDO's
mission and the Agreed Framework continue to promote important United
States national security interests, contribute to delaying North Korean
indigenous development of nuclear weapons-related technology, and
positively impact the level of tension on the Korean Peninsula.
Sec. 583. <<NOTE: 22 USC 262r note.>> (a) Notwithstanding any other
provision of law, each annual report required by subsection 1701(a) of
the International Financial Institutions Act, as amended (Public Law 95-
118, 22 U.S.C. 262r), shall comprise--
(1) an assessment of the effectiveness of the major policies
and operations of the international financial institutions;
(2) the major issues affecting United States participation;
(3) the major developments in the past year;
(4) the prospects for the coming year;
(5) the progress made and steps taken to achieve United
States policy goals (including major policy goals embodied in
current law) with respect to the international financial
institutions; and
(6) such data and explanations concerning the effectiveness,
operations, and policies of the international financial
institutions, such recommendations concerning the international
financial institutions, and such other data and material as the
Chairman may deem appropriate.
(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and
1701(b) of the International Financial Institutions Act, as amended
(Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 262p-3 and 262(r)),
Section 2018(c) of the International Narcotics Control Act of 1986, as
amended (Public Law 99-570, 22 U.S.C. 2291 note), Section 407(c) of the
Foreign Debt Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291
note), Section 14(c) of the Inter-American Development Bank Act, as
amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and Section 1002 of
the Freedom for Russia and
[[Page 112 STAT. 2681-203]]
Emerging Eurasian Democracies and Open Markets Support Act of 1992
(Public Law 102-511) (22 U.S.C. 286ll(b)) shall no longer apply to the
contents of such annual reports.
Sec. 584. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 585. (a) Findings.--Congress finds that--
(1) Iraq is continuing efforts to mask the extent of its
weapons of mass destruction and missile programs;
(2) proposals to relax the current international inspection
regime would have potentially dangerous consequences for
international security; and
(3) Iraq has demonstrated time and again that it cannot be
trusted to abide by international norms or by its own
agreements, and that the only way the international community
can be assured of Iraqi compliance is by ongoing inspection.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the international agencies charged with inspections in
Iraq--the International Atomic Energy Agency (IAEA) and the
United Nations Special Commission (UNSCOM) should maintain
vigorous inspections, including surprise inspections, within
Iraq; and
(2) the United States should oppose any efforts to ease the
inspections regimes on Iraq until there is clear, credible
evidence that the Government of Iraq is in full compliance with
all relevant United Nations' resolutions.
(c) Report.--Not later than 30 days after the date of enactment of
this Act, the President shall submit a report to Congress on the United
States Government's assessment of Iraq's nuclear and other weapons of
mass destruction programs and its efforts to move toward procurement of
nuclear weapons and the means to deliver weapons of mass destruction.
The report shall also--
(1) assess the United States view of the International
Atomic Energy Agency's action team reports and other IAEA
efforts to monitor the extent and nature of Iraq's nuclear
program; and
(2) include the United States Government's opinion on the
value of maintaining the ongoing inspection regime rather than
replacing it with a passive monitoring system.
Sec. 586. (a) The Congress finds that--
(1) according to the Department of State, Iran continues to
support international terrorism, providing training, financing,
and weapons to such terrorist groups as Hizballah, Islamic Jihad
and Hamas;
(2) Iran continues to oppose the Arab-Israeli peace process
and refuses to recognize Israel's right to exist;
[[Page 112 STAT. 2681-204]]
(3) Iran continues aggressively to seek weapons of mass
destruction and the missiles to deliver them;
(4) it is long-standing United States policy to offer
official government-to-government dialogue with the Iranian
regime, such offers having been repeatedly rebuffed by Tehran;
(5) more than a year after the election of President
Khatemi, Iranian foreign policy continues to threaten American
security and that of our allies in the Middle East; and
(6) despite repeated offers and tentative steps toward
rapprochement with Iran by the Clinton Administration, including
a decision to waive sanctions under the Iran-Libya Sanctions Act
and the President's veto of the Iran Missile Proliferation
Sanctions Act, Iran has failed to reciprocate in a meaningful
manner.
(b) Therefore it is the sense of the Congress that--
(1) the Administration should make no concessions to the
Government of Iran unless and until that government moderates
its objectionable policies, including taking steps to end its
support of international terrorism, opposition to the Middle
East peace process, and the development and proliferation of
weapons of mass destruction and their means of delivery; and
(2) there should be no change in United States policy toward
Iran until there is credible and sustained evidence of a change
in Iranian policies.
Sec. 587. <<NOTE: 22 USC 2381 note.>> (a) Establishment of Office.--
There shall be established within the Office of the Administrator of the
Agency for International Development, an Office of Security. Such Office
of Security shall, notwithstanding any other provision of law except
section 207 of the Foreign Service Act of 1980 and section 103 of Public
Law 199-339, have the responsibility for the supervision, direction, and
control of all security activities relating to the programs and
operations of that Agency.
(b) Transfer and Allocation of Appropriations and Personnel.--There
are transferred to the
Office of Security all security functions exercised by the Office of
Inspector General of the Agency for International Development exercised
before the date of enactment of this Act. The Administrator shall
transfer from the Office of the Inspector General of such Agency to the
Office of Security established by subsection (a), the personnel
(including the Senior Executive Service position designated for the
Assistant Inspector General for Security), assets, liabilities, grants,
contracts, property, records, and unexpended balances of appropriations,
and other funds held, used, available to, or to be made available in
connection with such functions. Unexpended balances of appropriations,
and other funds made available or to be made available in connection
with such functions, shall be transferred to and merged with funds
appropriated by this Act under the heading ``Operating Expenses of the
Agency for International Development''.
(c) Transfer of Employees.--Any employee in the career service who
is transferred pursuant to this section shall be placed in a position in
the Office of Security established by subsection (a) which is comparable
to the position the employee held in the Office of the Inspector General
of the Agency for International Development.
[[Page 112 STAT. 2681-205]]
Sec. 588. (a) Congress makes the following findings:
(1) North Korea has been active in developing new
generations of medium-range and intermediate-range ballistic
missiles, including both the Nodong and Taepo Dong class
missiles.
(2) North Korea is not an adherent to the Missile Technology
Control Regime, actively cooperates with Iran and Pakistan in
ballistic missile programs, and has declared its intention to
continue to export ballistic missile technology.
(3) North Korea has shared technology involved in the Taepo
Dong I missile program with Iran, which is concurrently
developing the Shahab-3 intermediate-range ballistic missile.
(4) North Korea is developing the Taepo Dong II
intermediate-range ballistic missile, which is expected to have
sufficient range to put at risk United States territories,
forces, and allies throughout the Asia-Pacific area.
(5) Multistage missiles like the Taepo Dong class missile
can ultimately be extended to intercontinental range.
(6) The bipartisan Commission to Assess the Ballistic
Missile Threat to the United States emphasized the need for the
United States intelligence community and United States policy
makers to
review the methodology by which they assess foreign missile programs in
order to guard against surprise developments with respect to such
programs.
(b) It is the sense of Congress that--
(1) North Korea should be forcefully condemned for its
August 31, 1998, firing of a Taepo Dong I intermediate-range
ballistic missile over the sovereign territory of another
country, specifically Japan, an event that demonstrated an
advanced capability for employing multistage missiles, which are
by nature capable of extended range, including intercontinental
range;
(2) the United States should reassess its cooperative space
launch programs with countries that continue to assist North
Korea and Iran in their ballistic missile and cruise missile
programs;
(3) any financial or technical assistance provided to North
Korea should take into account the continuing conduct by that
country of activities which destabilize the region, including
the missile firing referred to in paragraph (1), continued
submarine incursions into South Korean territorial waters, and
violations of the demilitarized zone separating North Korea and
South Korea;
(4) the recommendations of the Commission to Assess the
Ballistic Missile Threat to the United States should be
incorporated into the analytical processes of the United States
intelligence community as soon as possible; and
(5) the United States should accelerate cooperative theater
missile defense programs with Japan.
Sec. 589. (a) Establishment of Program.--Chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by
adding at the end the following:
[[Page 112 STAT. 2681-206]]
``SEC. 129. <<NOTE: 22 USC 2151aa.>> PROGRAM TO PROVIDE TECHNICAL
ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS
OF DEVELOPING OR TRANSITIONAL COUNTRIES.
``(a) Establishment of Program.--
``(1) In general.--Not later than 150 days after the date of
the enactment of this section, the Secretary of the Treasury,
after consultation with the Secretary of State and the
Administrator of the United States Agency for International
Development, is authorized to establish a program to provide
technical assistance to foreign governments and foreign central
banks of developing or transitional countries.
``(2) Role of secretary of state.--The Secretary of State
shall provide foreign policy guidance to the Secretary to ensure
that the program established under this subsection is
effectively integrated into the foreign policy of the United
States.
``(b) Conduct of Program.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall provide economic and
financial technical assistance to foreign governments and
foreign central banks of developing and transitional countries
by providing advisers with appropriate expertise to advance the
enactment of laws and establishment of administrative procedures
and institutions in such countries to promote macroeconomic and
fiscal stability, efficient resource allocation, transparent and
market-oriented processes and sustainable private sector growth.
``(2) Additional requirements.--To the extent practicable,
such technical assistance shall be designed to establish--
``(A) tax systems that are fair, objective, and
efficiently gather sufficient revenues for governmental
operations;
``(B) debt issuance and management programs that
rely on market forces;
``(C) budget planning and implementation that
permits responsible fiscal policy management;
``(D) commercial banking sector development that
efficiently intermediates between savers and investors;
and
``(E) financial law enforcement to protect the
integrity of financial systems, financial institutions,
and government programs.
``(c) Administrative Requirements.--In carrying out the program
established under subsection (a), the Secretary--
``(1) shall establish a methodology for identifying and
selecting foreign governments and foreign central banks to
receive assistance under the program;
``(2) prior to selecting a foreign government or foreign
central bank to receive assistance under the program, shall
receive the concurrence of the Secretary of State with respect
to the selection of such government or central bank and with
respect to the cost of the assistance to such government or
central bank;
``(3) shall consult with the heads of appropriate Executive
agencies of the United States, including the Secretary of State
and the Administrator of the United States Agency for
International Development, and appropriate international
financial institutions to avoid duplicative efforts with respect
to those foreign countries for which such agencies or
organizations provide similar assistance;
[[Page 112 STAT. 2681-207]]
``(4) shall ensure that the program is consistent with the
International Affairs Strategic Plan and Mission Performance
Plan of the United States Agency for International Development;
``(5) shall establish and carry out a plan to evaluate the
program.
``(d) Administrative Authorities.--In carrying out the program
established under subsection (a), the Secretary shall have the following
administrative authorities:
``(1) The Secretary may provide allowances and benefits
under chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4081 et seq.) to any officer or employee of any
agency of the United States Government performing functions
under this section outside the United States.
``(2)(A) The Secretary may allocate or transfer to any
agency of the United States Government any
part of any funds available for carrying out this section, including any
advance to the United States Government by any country or international
organization for the procurement of commodities, supplies, or services.
``(B) Such funds shall be available for obligation and
expenditure for the purposes for which such funds were
authorized, in accordance with authority granted in this section
or under authority governing the activities of the agency of the
United States Government to which such funds are allocated or
transferred.
``(3) Appropriations for the purposes of or pursuant to this
section, and allocations to any agency of the United States
Government from other appropriations for functions directly
related to the purposes of this section, shall be available
for--
``(A) contracting with individuals for personal
services abroad, except that such individuals shall not
be regarded as employees of the United States Government
for the purpose of any law administered by the Office of
Personnel Management;
``(B) the purchase and hire of passenger motor
vehicles, except that passenger motor vehicles may be
purchased only--
``(i) for use in foreign countries; and
``(ii) if the Secretary or the Secretary's
designee has determined that the vehicle is
necessary to accomplish the mission;
``(C) the purchase of insurance for official motor
vehicles acquired for use in foreign countries;
``(D)(i) the rent or lease outside the United
States, not to exceed 5 years, of offices, buildings,
grounds, and quarters, including living quarters to
house personnel, consistent with the relevant
interagency housing board policy, and payments therefor
in advance;
``(ii) maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made available
for use to the United States Government outside the
United States; and
``(iii) costs of insurance, fuel, water, and
utilities for such properties;
[[Page 112 STAT. 2681-208]]
``(E) expenses of preparing and transporting to
their former homes or places of burial the remains of
foreign participants or members of the family of foreign
participants, who may die while such participants are
away from their homes participating in activities
carried out with funds covered by this section;
``(F) notwithstanding any other provision of law,
transportation and payment of per diem in lieu of
subsistence to foreign participants engaged in
activities of the program under this section while such
participants are away from their homes in countries
other than the United States, at rates not in excess of
those prescribed by the standardized Government travel
regulations;
``(G) expenses in connection with travel of
personnel outside the United States, including travel
expenses of dependents (including expenses during
necessary stop-overs while engaged in such travel), and
transportation of personal effects, household goods, and
automobiles of such personnel when any part of such
travel or transportation begins in one fiscal year
pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or
transportation may not be completed during the same
fiscal year, and cost of transporting automobiles to and
from a place of storage, and the cost of storing
automobiles of such personnel when it is in the public
interest or more economical to authorize storage; and
``(H) grants to, and cooperative agreements and
contracts with, any individual, corporation, or other
body of persons, nonprofit organization, friendly
government or government agency, whether within or
without the United States, and international
organizations, as the Secretary determines is
appropriate to carry out the purposes of this section.
``(4) Whenever the Secretary determines it to be consistent
with the purposes of this section, the Secretary is authorized
to furnish services and commodities on an advance-of-funds basis
to any friendly country or international organization that is
not otherwise prohibited from receiving assistance under this
Act. Such advances may be credited to the currently applicable
appropriation, account, or fund of the Department of the
Treasury and shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used.
``(e) Issuance of Regulations.--The Secretary is authorized to issue
such regulations with respect to personal service contractors as the
Secretary deems necessary to carry out this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to infringe upon the powers or functions of the Secretary of
State (including the powers or functions described in section 103 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4802)) or of any chief of mission (including the powers or functions
described in section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927)).
``(g) Termination of Assistance.--The Secretary shall conclude
assistance activities for a recipient foreign government or foreign
central bank under the program established under subsection (a) if the
Secretary, after consultation with the appropriate
[[Page 112 STAT. 2681-209]]
officers of the United States, determines that such assistance has
resulted in the enactment of laws or the establishment of institutions
in that country that promote fiscal stability and administrative
procedures, efficient resource allocation, transparent and market-
oriented processes and private sector growth in a sustainable manner.
``(h) Report.--
``(1) In general.--Not later than 3 months after the date of
the enactment of this section, and every 6 months thereafter,
the Secretary shall prepare and submit to the appropriate
congressional committees a report on the conduct of the program
established under this section during the preceding 6-month
period.
``(2) Definition.--In this subsection, the term `appropriate
congressional committees' means--
``(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
``(i) Definitions.--In this section:
``(1) Developing or transitional country.--The term
`developing or transitional country' means a country eligible to
receive development assistance under this chapter.
``(2) International financial institution.--The term
`international financial institution' means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, the African
Development Bank, the African Development Fund, the Inter-
American Development Bank, the Inter-American Investment
Corporation, the European Bank for Reconstruction and
Development, and the Bank for Economic Cooperation and
Development in the Middle East and North Africa.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(4) Technical assistance.--The term `technical assistance'
includes--
``(A) the use of short-term and long-term expert
advisers to assist foreign governments and foreign
central banks for the purposes described in subsection
(b)(1);
``(B) training in the recipient country, the United
States, or elsewhere for the purposes described in
subsection (b)(1);
``(C) grants of goods, services, or funds to foreign
governments and foreign central banks;
``(D) grants to United States nonprofit
organizations to provide services or products which
contribute to the provision of advice to foreign
governments and foreign central banks; and
``(E) study tours for foreign officials in the
United States or elsewhere for the purpose of providing
technical information to such officials.
``(5) Foreign participant.--The term `foreign participant'
means the national of a developing or transitional country that
is receiving assistance under the program established
[[Page 112 STAT. 2681-210]]
under subsection (a) who has been designated to participate in
activities under such program.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 1999.
``(2) Availability of amounts.--Amounts authorized to be
appropriated under paragraph (1) are authorized to remain
available until expended.''.
(b) Transportation of Remains, Dependents, and Effects of United
States Government Employees; Death Occurring Away From Official Station
Abroad.--Section 5742(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking the ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the travel expenses of not more than 2 persons to
escort the remains of a deceased employee, if death occurred
while the employee was in travel status away from his official
station in the United States or while performing official duties
outside the United States or in transit thereto or therefrom,
from the place of death to the home or official station of such
person, or such other place appropriate for interment as is
determined by the head of the agency concerned.''.
Sec. 590. Notwithstanding any other provision of law, of the funds
made available in this Act and prior Acts making appropriations for
foreign operations, export financing and related programs, not less than
$8,000,000 shall be made available only for assistance to the Iraqi
democratic opposition for such activities as organization, training,
communication and dissemination of information, and developing and
implementing agreements among opposition groups: Provided further, That
any agreement reached regarding the obligation of funds under the
previous proviso shall include provisions to ensure appropriate
monitoring on the use of such funds: Provided further, That of this
amount not less than $3,000,000 should be made available as a grant to
Iraqi National Congress, to be administered by its Executive Committee
for the benefit of all constituent groups of the Iraqi National
Congress: Provided further, That within 30 days of enactment of this Act
the Secretary of State shall submit a detailed report to the
Appropriations Committees of Congress on implementation of this section.
Sec. 591. (a) Establishment of National Commission on Terrorism.--
(1) Establishment.--There is established a national
commission on terrorism to review counter-terrorism policies
regarding the prevention and punishment of international acts of
terrorism directed at the United States. The commission shall be
known as ``The National Commission on Terrorism''.
(2) Composition.--The commission shall be composed of 10
members appointed as follows:
(A) Three members shall be appointed by the Majority
Leader of the Senate.
[[Page 112 STAT. 2681-211]]
(B) Three members shall be appointed by the Speaker
of the House of Representatives.
(C) Two members shall be appointed by the Minority
Leader of the Senate.
(D) Two members shall be appointed by the Minority
Leader of the House of Representatives.
(E) The appointments of the members of the
commission should be made no later than 3 months after
the date of the enactment of this Act.
(3) Qualifications.--The members should have a knowledge and
expertise in matters to be studied by the commission.
(4) Chair.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission to
serve as chair of the Commission.
(5) Period of appointment: vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(6) Security clearances.--All Members of the Commission
should hold appropriate security clearances.
(b) Duties.--
(1) In general.--The commission shall consider issues
relating to international terrorism directed at the United
States as follows:
(A) Review the laws, regulations, policies,
directives, and practices relating to counterterrorism
in the prevention and punishment of international
terrorism directed towards the United States.
(B) Assess the extent to which laws, regulations,
policies, directives, and practices relating to
counterterrorism have been effective in preventing or
punishing international terrorism directed towards the
United States. At a minimum, the assessment should
include a review of the following:
(i) Evidence that terrorist organizations have
established an infrastructure in the western
hemisphere for the support and conduct of
terrorist activities.
(ii) Executive branch efforts to coordinate
counterterrorism activities among Federal, State,
and local agencies and with other nations to
determine the effectiveness of such coordination
efforts.
(iii) Executive branch efforts to prevent the
use of nuclear, biological, and chemical weapons
by terrorists.
(C) Recommend changes to counterterrorism policy in
preventing and punishing international terrorism
directed toward the United States.
(2) Report.--Not later than 6 months after the date on which
the Commission first meets, the Commission shall submit to the
President and the Congress a final report of the findings and
conclusions of the commission, together with any
recommendations.
(c) Administrative Matters.--
(1) Meetings.--
[[Page 112 STAT. 2681-212]]
(A) The commission shall hold its first meeting on a
date designated by the Speaker of the House which is not
later than 30 days after the date on which all members
have been appointed.
(B) After the first meeting, the commission shall
meet upon the call of the chair.
(C) A majority of the members of the commission
shall constitute a quorum, but a lesser number may hold
meetings.
(2) Authority of individuals to act for commission.--Any
member or agent of the commission may, if authorized by the
commission, take any action which the commission is authorized
to take under this section.
(3) Powers.--
(A) The commission may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the commission considers
advisable to carry out its duties.
(B) The commission may secure directly from any
agency of the Federal Government such information as the
commission considers necessary to carry out its duties.
Upon the request of the chair of the commission, the
head of a department or agency shall furnish the
requested information expeditiously to the commission.
(C) The commission may use the United States mails
in the same manner and under the same conditions as
other departments and agencies of the Federal
Government.
(4) Pay and expenses of commission members.--
(A) Subject to appropriations, each member of the
commission who is not an employee of the government
shall be paid at a rate not to exceed the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which such member is
engaged in performing the duties of the commission.
(B) Members and personnel for the commission may
travel on aircraft, vehicles, or other conveyances of
the Armed Forces of the United States when travel is
necessary in the performance of a duty of the commission
except when the cost of commercial transportation is
less expensive.
(C) The members of the commission may be allowed
travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the commission.
(D)(i) A member of the commission who is an
annuitant otherwise covered by section 8344 of 8468 of
title 5, United States Code, by reason of membership on
the commission shall not be subject to the provisions of
such section with respect to membership on the
commission.
(ii) A member of the commission who is a member or
former member of a uniformed service shall not be
subject to the provisions of subsections (b) and (c) of
section
[[Page 112 STAT. 2681-213]]
5532 of such title with respect to membership on the
commission.
(5) Staff and administrative support.--
(A) The chairman of the commission may, without
regard to civil service laws and regulations, appoint
and terminate an executive director and up to three
additional staff members as necessary to enable the
commission to perform its duties. The chairman of the
commission may fix the compensation of the executive
director and other personnel without regard to the
provisions of chapter 51, and subchapter III of chapter
53, of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay may not exceed the
maximum rate of pay for GS-15 under the General
Schedule.
(B) Upon the request of the chairman of the
commission, the head of any department or agency of the
Federal Government may detail, without reimbursement,
any personnel of the department or agency to the
commission to assist in carrying out its duties. The
detail of an employee shall be without interruption or
loss of civil service status or privilege.
(d) Termination of Commission.--The commission shall terminate 30
days after the date on which the commission submits a final report.
(e) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of this section.
Sec. 592. The authority of section 614 of the Foreign Assistance Act
of 1961, as amended, may not be used during fiscal year 1999 for the
Korean Peninsula Energy Development Organization to authorize the use of
more than $35,000,000 of funds made available for use under that Act or
the Arms Export Control Act.
Sec. 593. (a) Political and Economic Reform.--It is the sense of
Congress that--
(1) expanding the availability of wheat, wheat products, and
rice for distribution to the most needy and vulnerable
Indonesians is vital to the well-being of all Indonesians;
(2) the Administration should adopt a more active approach
in support of democratic institutions and processes in Indonesia
and provide assistance for continued economic and political
development in Indonesia, including--
(A) support for humanitarian programs;
(B) leading a multinational effort to expand
humanitarian and food aid programs to meet the needs of
Indonesia;
(C) working with international financial
institutions to recapitalize and reform the banking
system, restructure corporate debt, and introduce
economic and legal transparency in Indonesia;
(D) urging the Government of Indonesia to remove, to
the maximum extent possible, barriers to trade and
[[Page 112 STAT. 2681-214]]
investment which impede economic recovery in Indonesia,
including tariffs, quotas, export taxes, nontariff
barriers, and prohibitions against foreign ownership and
investment;
(E) urging the Government of Indonesia to--
(i) recognize and protect the participation of
all Indonesians, including ethnic and religious
minorities, in the political and economic life of
Indonesia; and
(ii) release individuals detained or
imprisoned for their political views;
(F) supporting efforts to establish a timetable for
elections and building democracy by strengthening
political parties and institutions and the rule of law
including the repeal of laws and regulations that
discriminate on the basis of religion or ethnicity.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations a report containing a description and assessment of the
actions taken by the Government of the United States and the Government
of Indonesia to further the objectives referred to in subsection (a).
(c) Ethnic Violence.--It is the sense of Congress that--
(1) the mistreatment of ethnic Chinese in Indonesia and the
criminal acts carried out against them during the May 1998 riots
in Indonesia are deplorable and condemned;
(2) a full and fair investigation of such criminal acts
should be completed by the earliest possible date, and those
identified as responsible for perpetrating such criminal acts
should be brought to justice;
(3) the investigation by the Government of Indonesia,
through its Military Honor Council, of those members of the
armed forces of Indonesia suspected of possible involvement in
the May 1998 riots, and of any member of the armed forces of
Indonesia who may have participated in criminal acts against the
people of Indonesia during the riots, is commended and should be
supported;
(4) the Government of Indonesia should take action to
assure--
(A) the implementation of appropriate measures to
prevent ethnic-related violence and rapes in Indonesia
and to protect the human rights and physical safety of
the ethnic Chinese community in Indonesia; and
(B) the provision of just compensation for victims
of the rape and violence that occurred during the May
1998 riots in Indonesia, including medical care;
(5) the Administration and the United Nations should
continue to support and assist the Government of Indonesia and
nongovernmental organizations, in the investigations into the
May 1998 riots in Indonesia in order to expedite such
investigations.
(d) Report.--(1) Not later than 6 months after the date of enactment
of this Act, the Secretary of State shall submit to Congress a report
containing the following:
(A) An assessment of--
(i) whether or not there was a systematic and
organized campaign of violence, including the use of
rape, against the ethnic Chinese community in Indonesia
during the May 1998 riots in Indonesia; and
[[Page 112 STAT. 2681-215]]
(ii) the level and degree of participation, if any,
of members of the Government or armed forces of
Indonesia in the riots.
(B) An assessment of the actions taken by the Government of
Indonesia to investigate the May 1998 riots in Indonesia, bring
the perpetrators of the riots to justice, and ensure that
similar riots do not recur.
Sec. 594. <<NOTE: 22 USC 2753 note.>> (a) Notification.--No less
than 15 days prior to the export to any country identified pursuant to
subparagraph (C) of any lethal defense article or service in the amount
of $14,000,000 or less, the President shall provide a detailed
notification to the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and International
Relations of the House of Representatives.
(b) Content of Notification.--A detailed notification transmitted
pursuant to subparagraph (a) shall include the same type and quantity of
information required of a notification submitted pursuant to section
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)).
(c) Countries Defined.--This section shall apply to any country that
is--
(1) identified in section 521 of the annual appropriations
Act for Foreign Operations, Export Financing, and Related
Programs, or a comparable provision in a subsequent
appropriations Act; or
(2) currently ineligible, in whole or in part, under an
annual appropriations Act to receive funds for International
Military Education and Training or under the Foreign Military
Financing Program, excluding high-income countries as defined
pursuant to section 546(b) of the Foreign Assistance Act of
1961.
(d) Exclusions.--Information reportable under title V of the
National Security Act of 1947 is excluded from the requirements of this
section.
Sec. 595. (a) Findings.--Congress makes the following findings--
(1) the December 2, 1980 brutal assault and murder of four
American churchwomen by members of the Salvadoran National Guard
was covered up and never fully investigated;
(2) on July 22 and July 23, 1998, Salvadoran authorities
granted three of the National Guardsmen convicted of the crimes
early release from prison;
(3) the United Nations Truth Commission for El Salvador
determined in 1993 that there was sufficient evidence that the
Guardsmen were acting on orders from their superiors;
(4) in March 1998, four of the convicted Guardsmen confessed
that they acted after receiving orders from their superiors;
(5) recently declassified documents from the State
Department show that United States Government officials were
aware of information suggesting the involvement of superior
officers in the murders;
[[Page 112 STAT. 2681-216]]
(6) United States officials granted permanent residence to a
former Salvadoran military official involved in the cover-up of
the murders, enabling him to remain in Florida; and
(7) despite the fact that the murders occurred over 17 years
ago, the families of the four victims continue to seek the
disclosure of information relevant to the murders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) information relevant to the murders should be made
public to the fullest extent possible;
(2) the Secretary of State and the Department of State are
to be commended for fully releasing information regarding the
murders to the victims' families and to the American public, in
prompt response to congressional requests;
(3) the President should order all other Federal agencies
and departments that possess relevant information to make every
effort to declassify and release to the victims' families
relevant information as expeditiously as possible;
(4) in making determinations concerning the declassification
and release of relevant information, the Federal agencies and
departments should presume in favor of releasing, rather than of
withholding, such information; and
(5) the President should direct the Attorney General to
review the circumstances under which individuals involved in
either the murders or the cover-up of the murders obtained
residence in the United States, and the Attorney General should
submit a report to the Congress on the results of such review
not later than January 1, 1999.
Sec. 596. (a) Findings.--Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan Am
Flight 103 over Lockerbie, Scotland.
(2) Britain and the United States indicted 2 Libyan
intelligence agents--Abdel Basset Al-Megrahi and Lamen Khalifa
Fhimah--in 1991 and sought their extradition from Libya to the
United States or the United Kingdom to stand trial for this
heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of the suspects in Security Council Resolution 731
and imposed sanctions on Libya in Security Council Resolutions
748 and 883 because Libyan leader, Colonel Muammar Qadaffi,
refused to transfer the suspects to either the United States or
the United Kingdom to stand trial.
(4) The sanctions in Security Council Resolutions 748 and
883 include a worldwide ban on Libya's national airline, a ban
on flights into and out of Libya by other nations' airlines, a
prohibition on supplying arms, airplane parts, and certain oil
equipment to Libya, and a freeze on Libyan government funds in
other countries.
(5) Colonel Qaddafi has continually refused to extradite the
suspects to either the United States or the United Kingdom and
has insisted that he will only transfer the suspects to a third
and neutral country to stand trial.
(6) On August 24, 1998, the United States and the United
Kingdom proposed that Colonel Qadaffi transfer the suspects
[[Page 112 STAT. 2681-217]]
to the Netherlands, where they would stand trial before a
Scottish court, under Scottish law, and with a panel of Scottish
judges.
(7) The United States-United Kingdom proposal is consistent
with those previously endorsed by the Organization of African
Unity, the League of Arab States, the Non-Aligned Movement, and
the Islamic Conference.
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998, in United
Nations Security Council Resolution 1192.
(9) The United States Government has stated that this
proposal is nonnegotiable and has called on Colonel Qadaffi to
respond promptly, positively, and unequivocally to this proposal
by ensuring the timely appearance of the two accused individuals
in the Netherlands for trial before the Scottish court.
(10) The United States Government has called on Libya to
ensure the production of evidence, including the presence of
witnesses before the court, and to comply fully with all the
requirements of the United Nations Security Council resolutions.
(11) Secretary of State Albright has said that the United
States will urge a multilateral oil embargo against Libya in the
United Nations Security Council if Colonel Muammar Qadaffi does
not transfer the suspects to the Netherlands to stand trial.
(12) The United Nations Security Council will convene on
October 30, 1998, to review sanctions imposed on Libya.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Colonel Qadaffi should promptly transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands to stand trial before the Scottish court;
(2) the United States Government should remain firm in its
commitment not to negotiate with Colonel Qadaffi on any of the
details of the proposal approved by the United Nations in United
Nations Security Council Resolution 1192; and
(3) if Colonel Qadaffi does not transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands by October 29,
1998, the United States Permanent Representative to the United Nations
should--
(A) introduce a resolution in the United Nations
Security Council to impose a multilateral oil embargo
against Libya;
(B) actively promote adoption of the resolution by
the United Nations Security Council; and
(C) assure that a vote will occur in the United
Nations Security Council on such a resolution.
Sec. 597. (a) Findings.--Congress finds that--
(1) many children in the United States have been abducted by
family members who are foreign nationals and living in foreign
countries;
[[Page 112 STAT. 2681-218]]
(2) children who have been abducted by an estranged father
are very rarely returned, through legal remedies, from countries
that only recognize the custody rights of the father;
(3) there are at least 140 cases that need to be resolved in
which children have been abducted by family members and taken to
foreign countries;
(4) although the Convention on the Civil Aspects of
International Child Abduction, done at The Hague on October 25,
1980, has made progress in aiding the return of abducted
children, the Convention does not address the criminal aspects
of child abduction, and there is a need to reach agreements
regarding child abduction with countries that are not parties to
the Convention; and
(5) decisions on awarding custody of children should be made
in the children's best interest, and persons who violate laws of
the United States by abducting their children should not be
rewarded by being granted custody of those children.
(b) Sense of the Congress.--It is the sense of the Congress that the
United States Government should promote international cooperation in
working to resolve those cases in which children in the United States
are abducted by family members who are foreign nationals and taken to
foreign countries, and in seeing that justice is served by holding
accountable the abductors for violations of criminal law.
TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM
Funds Appropriated to the President
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 10,622,500,000 Special Drawing
Rights, to remain available until expended.
For loans to the International Monetary Fund under section 17 of the
Bretton Woods Agreements Act pursuant to the New Arrangements to Borrow,
the dollar equivalent of 2,462,000,000 Special Drawing Rights, to remain
available until expended. In addition, the amounts appropriated by title
III of the Foreign Aid and Related Agencies Appropriations Act, 1963
(Public Law 87-872) and section 1101(b) of the Supplemental
Appropriations Act, 1984 (Public Law 98-181) may also be used under
section 17 of the Bretton Woods Agreements Act pursuant to the New
Arrangements to Borrow.
General Provisions--This Title
Sec. 601. None of the funds appropriated in this title may be
obligated or made available to the International Monetary Fund
[[Page 112 STAT. 2681-219]]
until 15 days after the Secretary of the Treasury and the Chairman of
the Board of Governors of the Federal Reserve System jointly provide
written notification to the appropriate committees that the major
shareholders of the Fund have publicly agreed to, and will act to
implement in the Fund the following policies:
(1) Policies providing that conditions in standby or other
arrangements regarding the use of Fund resources include, in
addition to appropriate monetary policy conditions, requirements
that the recipient country, in accordance with a schedule for
action--
(A) liberalize restrictions on trade in goods and
services, consistent with the terms of all international
trade agreements of which the borrowing country is a
signatory;
(B) eliminate the systemic practice or policy of
government directed lending on non-commercial terms or
provision of market distorting subsidies to favored
industries, enterprises, parties, or institutions; and
(C) provide a legal basis for nondiscriminatory
treatment in insolvency proceedings between domestic and
foreign creditors, and for debtors and other concerned
persons.
(2) Policies providing that within 3 months after any
meeting of the Executive Board of the Fund at which a Letter of
Intent, a Policy Framework Paper, an Article IV economic review
consultation with a member country, or a change in a general
policy of the Fund is discussed, a full written summary of the
meeting should be made available for public inspection, with the
following information redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United
States Government.
(B) Market-sensitive information.
(C) Proprietary information.
(3) Policies providing that within 3 months after any
meeting of the Executive Board of the Fund at which a Letter of
Intent, a Memorandum of Understanding, or a Policy Framework
Paper is discussed, a copy of the Letter of Intent, Memorandum
of Understanding, or Policy Framework Paper should be made
available for public inspection with the following information
redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United
States Government.
(B) Market-sensitive information.
(C) Proprietary information.
(4) Policies providing that, in circumstances where a
country is experiencing balance of payments difficulties due to
a large short-term financing need resulting from a sudden and
disruptive loss of market confidence and in order to provide an
incentive for early repayment and encourage private market
financing, loans made from the Fund's general resources after
the date of the enactment of this section are--
(A) made available at an interest rate that reflects
an adjustment for risk that is not less than 300 basis
points in excess of the average of the market-based
short-term cost of financing of its largest members; and
[[Page 112 STAT. 2681-220]]
(B) repaid within 1 to 2\1/2\ years from each
disbursement.
Sec. 602. (a) The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
exert the influence of the United States to oppose further disbursement
of funds to the Republic of Korea under the Republic of Korea's standby
arrangement of December 4, 1997 (in this section referred to as the
``Arrangement''), unless there is in effect a certification by the
Secretary of the Treasury to the appropriate committees that--
(1) no Fund resources made available pursuant to the
Arrangement have been used to provide financial assistance to
the semiconductor, steel, automobile, shipbuilding, or textile
and apparel industries;
(2) the Fund has neither guaranteed nor underwritten the
private loans of semiconductor, steel, automobile, shipbuilding,
or textile and apparel manufacturers under the Arrangement; and
(3) officials from the Fund and the Department of the
Treasury have monitored the implementation of the provisions
contained in the Arrangement, and all of the conditions have
either been met or the Republic of Korea has committed itself to
fulfill all of these conditions according to an explicit
timetable for completion; which timetable has been provided to
the Fund and the Department of the Treasury and approved by the
Fund.
(b) Before each disbursement of Fund resources to the Republic of
Korea under the Arrangement, the Secretary of the Treasury shall report
to the appropriate committees on whether a certification by the
Secretary pursuant to subsection (a) is in effect.
<<NOTE: Establishment. 22 USC 262r note<plus-minus>.>> Sec. 603.
(a) In General.--The Secretary of the Treasury shall establish an
International Financial Institution Advisory Commission (in this section
referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 11
members, as follows:
(A) 3 members appointed by the Speaker of the House
of Representatives.
(B) 3 members appointed by the Majority Leader of
the Senate.
(C) 5 members appointed jointly by the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate.
(2) Timing of appointments.--All appointments to the
Commission shall be made not later than 45 days after the date
of enactment of this Act.
(3) Chairman.--The Majority Leader of the Senate, after
consultation with the Speaker of the House of Representatives
and the Minority Leaders of the House of Representatives and the
Senate, shall designate 1 of the members of the Commission to
serve as Chairman of the Commission.
[[Page 112 STAT. 2681-221]]
(c) Qualifications.--
(1) Expertise.--Members of the Commission shall be appointed
from among those with knowledge and expertise in the workings of
the international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act), the
World Trade Organization, and the Bank for International
Settlements.
(2) Former affiliation.--At least 4 members of the
Commission shall be individuals who were officers or employees
of the Executive Branch before January 20, 1992, and not more
than half of such 4 members shall have served under Presidents
from the same political party.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment was made.
(e) Duties of the Commission.--The Commission shall advise and
report to the Congress on the future role and responsibilities of the
international financial institutions (as defined in section 1701(c)(2)
of the International Financial Institutions Act), the World Trade
Organization, and the Bank for International Settlements. In carrying
out such duties, the Commission shall meet with and advise the Secretary
of the Treasury or the Deputy Secretary of the Treasury, and shall
examine--
(1) the effect of globalization, increased trade, capital
flows, and other relevant factors on such institutions;
(2) the adequacy, efficacy, and desirability of current
policies and programs at such institutions as well as their
suitability for respective beneficiaries of such institutions;
(3) cooperation or duplication of functions and
responsibilities of such institutions; and
(4) other matters the Commission deems necessary to make
recommendations pursuant to subsection (g).
(f) Powers and Procedures of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
panel or member of the Commission may, for the purpose of
carrying out the provisions of this section, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(2) Information.--The Commission may secure directly
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section.
(3) Meetings.--The Commission shall meet at the call of the
Chairman.
(g) Report.--On the termination of the Commission, the Commission
shall submit to the Secretary of the Treasury and the appropriate
committees a report that contains recommendations regarding the
following matters:
(1) Changes to policy goals set forth in the Bretton Woods
Agreements Act and the International Financial Institutions Act.
(2) Changes to the charters, organizational structures,
policies and programs of the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act).
[[Page 112 STAT. 2681-222]]
(3) Additional monitoring tools, global standards, or
regulations for, among other things, global capital flows,
bankruptcy standards, accounting standards, payment systems, and
safety and soundness principles for financial institutions.
(4) Possible mergers or abolition of the international
financial institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act), including changes to
the manner in which such institutions coordinate their policy
and program implementation and their roles and responsibilities.
(5) Any additional changes necessary to stabilize
currencies, promote continued trade liberalization and to avoid
future financial crises.
(h) Termination.--The Commission shall terminate 6 months after the
first meeting of the Commission, which shall be not later than 30 days
after the appointment of all members of the Commission.
(i) Reports by the Executive Branch.--
(1) Within three months after receiving the report of the
Commission under subsection (g), the President of the United
States through the Secretary of the Treasury shall report to the
appropriate committees on the desirability and feasibility of
implementing the recommendations contained in the report.
(2) Annually, for three years after the termination of the
Commission, the President of the United States through the
Secretary of the Treasury shall submit to the appropriate
committees a report on the steps taken, if any, through relevant
international institutions and international fora to implement
such recommendations as are deemed feasible and desirable under
paragraph (1).
Sec. 604. The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to exert
the influence of the United States to seek the establishment of a
permanent advisory committee to the Interim Committee of the Board of
Governors of the Fund, that is to consist of elected members of the
national legislatures of the member countries directly represented by
appointed members of the Executive Board of the Fund, and to seek to
ensure that the permanent advisory committee has the same access to Fund
documents as is afforded to the Executive Board of the Fund.
Sec. 605. (a) The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
exert the influence of the United States to strengthen Fund procedures
for ascertaining that funds disbursed by the Fund are used by the
central bank (or other fiscal agent) of a borrowing country in a manner
that complies with the conditions of the Fund program for the country.
(b) On request of the appropriate committees, the United States
Executive Director shall obtain from the Fund and make available to such
committees, on a confidential basis if necessary, data concerning such
compliance.
(c) Within 6 months after the date of the enactment of this Act, the
Secretary of the Treasury shall report to the appropriate
[[Page 112 STAT. 2681-223]]
committees on the progress made toward achieving the requirements of
this section.
(d) On a quarterly basis, the Secretary of the Treasury shall report
to the appropriate committees on the standby or other arrangements of
the Fund made during the preceding quarter, identifying separately the
arrangements to which the policies described in section 601(4) of this
title apply and the arrangements to which such policies do not apply.
Sec. 606. Not later than <<NOTE: 22 USC 262r note.>> July 15, 1999,
and July 15, 2000, the Secretary of the Treasury shall report to the
Chairmen and Ranking Members of the appropriate committees on the
progress of efforts to reform the architecture of the international
monetary system. The reports shall include a discussion of the substance
of the United States position in consultations with other governments
and the degree of progress in achieving international acceptance and
implementation of such position with respect to the following issues:
(1) Adapting the mission and capabilities of the
International Monetary Fund to take better account of the
increased importance of cross-border capital flows in the world
economy and improving the coordination of its responsibilities
and activities with those of the International Bank for
Reconstruction and Development.
(2) Advancing measures to prevent, and improve the
management of, international financial crises, including by--
(A) integrating aspects of national bankruptcy
principles into the management of international
financial crises where feasible; and
(B) changing investor expectations about official
rescues, thereby reducing moral hazard and systemic risk
in international financial markets,
in order to help minimize the adjustment costs that the
resolution of financial crises may impose on the real economy,
in the form of disrupted patterns of trade, employment, and
progress in living standards, and reduce the frequency and
magnitude of claims on United States taxpayer resources.
(3) Improving international economic policy cooperation,
including among the Group of Seven countries, to take better
account of the importance of cross-border capital flows in the
determination of exchange rate relationships.
(4) Improving international cooperation in the supervision
and regulation of financial institutions and markets.
(5) Strengthening the financial sector in emerging
economies, including by improving the coordination of financial
sector liberalization with the establishment of strong public
and private institutions in the areas of prudential supervision,
accounting and disclosure conventions, bankruptcy laws and
administrative procedures, and the collection and dissemination
of economic and financial statistics, including the maturity
structure of foreign indebtedness.
(6) Advocating that implementation of European Economic and
Monetary Union and the advent of the European Currency Unit, or
euro, proceed in a manner that is consistent with
[[Page 112 STAT. 2681-224]]
strong global economic growth and stability in world financial
markets.
<<NOTE: 22 USC 262r note. participation in quota increase>> Sec.
607. For purposes of sections 601 through 606 of this title, the term
``appropriate committees'' means the Committees on Appropriations,
Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate
and the Committees on Appropriations and Banking and Financial Services
of the House of Representatives.
Sec. 608. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is
amended by adding at the end the following:
``SEC. 61. <<NOTE: 22 USC 286e-1m.>> QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 10,622,500,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.''.
Sec. 609. Section 17 of the Bretton Woods Agreements Act (22 U.S.C.
286e-2 et seq.) <<NOTE: 22 USC 286e-2.>> is amended--
(1) in subsection (a)--
(A) by striking ``and February 24, 1983'' and
inserting ``February 24, 1983, and January 27, 1997'';
and
(B) by striking ``4,250,000,000'' and inserting
``6,712,000,000'';
(2) in subsection (b), by striking ``4,250,000,000'' and
inserting ``6,712,000,000''; and
(3) in subsection (d)--
(A) by inserting ``or the Decision of January 27,
1997,'' after ``February 24, 1983,''; and
(B) by inserting ``or the New Arrangements to
Borrow, as applicable'' before the period at the end.
Sec. 610. (a) In General.--Title XV of the International Financial
Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end
the following:
``SEC. 1503. <<NOTE: 22 USC 262o-2.>> ADVOCACY OF POLICIES TO ENHANCE
THE GENERAL EFFECTIVENESS OF THE INTERNATIONAL MONETARY
FUND.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund to
use aggressively the voice and vote of the Executive Director to do the
following:
``(1) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in structuring
programs and assistance so as to promote policies and actions
[[Page 112 STAT. 2681-225]]
that will contribute to exchange rate stability and avoid
competitive devaluations that will further destabilize the
international financial and trading systems.
``(2) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in promoting
market-oriented reform, trade liberalization, economic growth,
democratic governance, and social stability through--
``(A) establishing an independent monetary
authority, with full power to conduct monetary policy,
that provides for a non-inflationary domestic currency
that is fully convertible in foreign exchange markets;
``(B) opening domestic markets to fair and open
internal competition among domestic enterprises by
eliminating inappropriate favoritism for small or large
businesses, eliminating elite monopolies, creating and
effectively implementing anti-trust and anti-monopoly
laws to protect free competition, and establishing fair
and accessible legal procedures for dispute settlement
among domestic enterprises;
``(C) privatizing industry in a fair and equitable
manner that provides economic opportunities to a broad
spectrum of the population, eliminating government and
elite monopolies, closing loss-making enterprises, and
reducing government control over the factors of
production;
``(D) economic deregulation by eliminating
inefficient and overly burdensome regulations and
strengthening the legal framework supporting private
contract and intellectual property rights;
``(E) establishing or strengthening key elements of
a social safety net to cushion the effects on workers of
unemployment and dislocation; and
``(F) encouraging the opening of markets for
agricultural commodities and products by requiring
recipient countries to make efforts to reduce trade
barriers.
``(3) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in concert
with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), in strengthening financial systems in developing
countries, and encouraging the adoption of sound banking
principles and practices, including the development of laws and
regulations that will help to ensure that domestic financial
institutions meet strong standards regarding capital reserves,
regulatory oversight, and transparency.
``(4) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in concert
with appropriate international authorities
and other international financial institutions (as defined in section
1701(c)(2)), in facilitating the development and implementation of
internationally acceptable domestic bankruptcy laws and regulations in
developing countries, including the provision of technical assistance as
appropriate.
``(5) Vigorously promote policies that aim at appropriate
burden-sharing by the private sector so that investors and
creditors bear more fully the consequences of their decisions,
and accordingly advocate policies which include--
[[Page 112 STAT. 2681-226]]
``(A) strengthening crisis prevention and early
warning signals through improved and more effective
surveillance of the national economic policies and
financial market development of countries (including
monitoring of the structure and volume of capital flows
to identify problematic imbalances in the inflow of
short and medium term investment capital, potentially
destabilizing inflows of offshore lending and foreign
investment, or problems with the maturity profiles of
capital to provide warnings of imminent economic
instability), and fuller disclosure of such information
to market participants;
``(B) accelerating work on strengthening financial
systems in emerging market economies so as to reduce the
risk of financial crises;
``(C) consideration of provisions in debt contracts
that would foster dialogue and consultation between a
sovereign debtor and its private creditors, and among
those creditors;
``(D) consideration of extending the scope of the
International Monetary Fund's policy on lending to
members in arrears and of other policies so as to foster
the dialogue and consultation referred to in
subparagraph (C);
``(E) intensified consideration of mechanisms to
facilitate orderly workout mechanisms for countries
experiencing debt or liquidity crises;
``(F) consideration of establishing ad hoc or formal
linkages between the provision of official financing to
countries experiencing a financial crisis and the
willingness of market participants to meaningfully
participate in any stabilization effort led by the
International Monetary Fund;
``(G) using the International Monetary Fund to
facilitate discussions between debtors and private
creditors to help ensure that financial difficulties are
resolved without inappropriate resort to public
resources; and
``(H) the International Monetary Fund accompanying
the provision of funding to countries experiencing a
financial crisis resulting from imprudent borrowing with
efforts to achieve a significant contribution by the
private creditors, investors, and banks which had
extended such credits.
``(6) Vigorously promote policies that would make the
International Monetary Fund a more effective mechanism, in
concert with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), for promoting good governance principles within
recipient countries by fostering structural reforms, including
procurement reform, that reduce opportunities for corruption and
bribery, and drug-related money laundering.
``(7) Vigorously promote the design of International
Monetary Fund programs and assistance so that governments that
draw on the International Monetary Fund channel public funds
away from unproductive purposes, including large `show case'
projects and excessive military spending, and toward investment
in human and physical capital as well as social programs to
protect the neediest and promote social equity.
``(8) Work with the International Monetary Fund to foster
economic prescriptions that are appropriate to the individual
economic circumstances of each recipient country, recognizing
that inappropriate stabilization programs may only serve to
[[Page 112 STAT. 2681-227]]
further destabilize the economy and create unnecessary economic,
social, and political dislocation.
``(9) Structure International Monetary Fund programs and
assistance so that the maintenance and improvement of core labor
standards are routinely incorporated as an integral goal in the
policy dialogue with recipient countries, so that--
``(A) recipient governments commit to affording
workers the right to exercise internationally recognized
core worker rights, including the right of free
association and collective bargaining through unions of
their own choosing;
``(B) measures designed to facilitate labor market
flexibility are consistent with such core worker rights;
and
``(C) the staff of the International Monetary Fund
surveys the labor market policies and practices of
recipient countries and recommends policy initiatives
that will help to ensure the maintenance or improvement
of core labor standards.
``(10) Vigorously promote International Monetary Fund
programs and assistance that are structured to the maximum
extent feasible to discourage practices which may promote ethnic
or social strife in a recipient country.
``(11) Vigorously promote recognition by the International
Monetary Fund that macroeconomic developments and policies can
affect and be affected by environmental conditions and policies,
and urge the International Monetary Fund to encourage member
countries to pursue macroeconomic stability while promoting
environmental protection.
``(12) Facilitate greater International Monetary Fund
transparency, including by enhancing accessibility of the
International Monetary Fund and its staff, fostering a more open
release policy toward working papers, past evaluations, and
other International Monetary Fund documents, seeking to publish
all Letters of Intent to the International Monetary Fund and
Policy Framework Papers, and establishing a more open release
policy regarding Article IV consultations.
``(13) Facilitate greater International Monetary Fund
accountability and enhance International Monetary Fund self-
evaluation by vigorously promoting review of the effectiveness
of the Office of Internal Audit and Inspection and the Executive
Board's external evaluation pilot program and, if necessary, the
establishment of an operations evaluation department modeled on
the experience of the International Bank for Reconstruction and
Development, guided by such key principles as usefulness,
credibility, transparency, and independence.
``(14) Vigorously promote coordination with the
International Bank for Reconstruction and Development and other
international financial institutions (as defined in section
1701(c)(2)) in promoting structural reforms which facilitate the
provision of credit to small businesses, including
microenterprise lending, especially in the world's poorest,
heavily indebted countries.
``(b) Coordination With Other Executive Departments.--To the extent
that it would assist in achieving the goals described in subsection (a),
the Secretary of the Treasury shall pursue the goals in coordination
with the Secretary of State, the Secretary of Labor, the Secretary of
Commerce, the Administrator of the Environmental Protection Agency, the
Administrator of the Agency
[[Page 112 STAT. 2681-228]]
for International Development, and the United States Trade
Representative.''.
(b) Advisory Committee on IMF Policy.--Section 1701 of such Act (22
U.S.C. 262p-5) <<NOTE: 22 USC 262r.>> is amended by adding at the end
the following:
``(e) Advisory Committee on IMF Policy.--
``(1) In general.--The Secretary of the Treasury should
establish an International Monetary Fund Advisory Committee (in
this subsection referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee should consist of
members appointed by the Secretary of the Treasury, after
appropriate consultations with the relevant organizations. Such
members should include representatives from industry,
representatives from agriculture, representatives from organized
labor, representatives from banking and financial services, and
representatives from nongovernmental environmental and human
rights organizations.''.
Sec. 611. Title XIV of the International Financial Institutions Act
(22 U.S.C. 262n-262n-2) is amended by adding at the end the following:
``SEC. 1404. <<NOTE: 22 USC 262n-3.>> REDUCTION OF BARRIERS TO
AGRICULTURAL TRADE.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use
aggressively the voice and vote of the United States to vigorously
promote policies to encourage the opening of markets for agricultural
commodities and products by requiring recipient countries to make
efforts to reduce trade barriers.''.
Sec. 612. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is amended by adding at the end the following:
``SEC. 1704. <<NOTE: 22 USC 262r-3.>> REPORTS ON FINANCIAL STABILIZATION
PROGRAMS LED BY THE INTERNATIONAL MONETARY FUND IN
CONNECTION WITH FINANCING FROM THE EXCHANGE STABILIZATION
FUND.
``(a) In General.--The Secretary of the Treasury, in consultation
with the Secretary of Commerce and other appropriate Federal agencies,
shall prepare reports on the implementation of financial stabilization
programs (and any material terms and conditions thereof) led by the
International Monetary Fund in countries in connection with which the
United States has made a commitment to provide, or has provided
financing from the stabilization fund established under section 5302 of
title 31, United States Code. The reports shall include the following:
``(1) A description of the condition of the economies of
countries requiring the financial stabilization programs,
including the monetary, fiscal, and exchange rate policies of
the countries.
``(2) A description of the degree to which the countries
requiring the financial stabilization programs have fully
[[Page 112 STAT. 2681-229]]
implemented financial sector restructuring and reform measures
required by the International Monetary Fund, including--
``(A) ensuring full respect for the commercial
orientation of commercial bank lending;
``(B) ensuring that governments will not intervene
in bank management and lending decisions (except in
regard to prudential supervision);
``(C) the enactment and implementation of
appropriate financial reform legislation;
``(D) strengthening the domestic financial system
and improving transparency and supervision; and
``(E) the opening of domestic capital markets.
``(3) A description of the degree to which the countries
requiring the financial stabilization programs have fully
implemented reforms required by the International Monetary Fund
that are directed at corporate governance and corporate
structure, including--
``(A) making nontransparent conglomerate practices
more transparent through the application of
internationally accepted accounting practices,
independent external audits, full disclosure, and
provision of consolidated statements; and
``(B) ensuring that no government subsidized support
or tax privileges will be provided
to bail out individual corporations, particularly in the semiconductor,
steel, and paper industries.
``(4) A description of the implementation of reform measures
required by the International Monetary Fund to deregulate and
privatize economic activity by ending domestic monopolies,
undertaking trade liberalization, and opening up restricted
areas of the economy to foreign investment and competition.
``(5) A detailed description of the trade policies of the
countries, including any unfair trade practices or adverse
effects of the trade policies on the United States.
``(6) A description of the extent to which the financial
stabilization programs have resulted in appropriate burden-
sharing among private sector creditors, including rescheduling
of outstanding loans by lengthening maturities, agreements on
debt reduction, and the extension of new credit.
``(7) A description of the extent to which the economic
adjustment policies of the International Monetary Fund and the
policies of the government of the country adequately balance the
need for financial stabilization, economic growth, environmental
protection, social stability, and equity for all elements of the
society.
``(8) Whether International Monetary Fund involvement in
labor market flexibility measures has had a negative effect on
core worker rights, particularly the rights of free association
and collective bargaining.
``(9) A description of any pattern of abuses of core worker
rights in recipient countries.
``(10) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed from the
stabilization fund established under section 5302 of title 31,
United States Code, in the form of loans, credits, guarantees,
or swaps, in support of the financial stabilization programs.
[[Page 112 STAT. 2681-230]]
``(11) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed by the International
Monetary Fund to the countries in support of the financial
stabilization programs.
``(b) Timing.--Not later than March 15, 1999, and semiannually
thereafter, the Secretary of the Treasury shall submit to the Committees
on Banking and Financial Services and International Relations of the
House of Representatives and the Committees on Foreign Relations, and
Banking, Housing, and Urban Affairs of the Senate a report on the
matters described in subsection (a).''.
Sec. 613. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is further amended by adding at the end the
following:
``SEC. 1705. <<NOTE: 22 USC 262r-4.>> ANNUAL REPORT AND TESTIMONY ON THE
STATE OF THE INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
COMPLIANCE WITH IMF AGREEMENTS.
``(a) Reports.--Not later than October 1 of each year, the Secretary
of the Treasury shall submit to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on Foreign
Relations of the Senate a written report on the progress (if any) made
by the United States Executive Director at the International Monetary
Fund in influencing the International Monetary Fund to adopt the
policies and reform its internal procedures in the manner described in
section 1503.
``(b) Testimony.--After submitting the report required by subsection
(a) but not later than March 1 of each year, the Secretary of the
Treasury shall appear before the Committee on Banking and Financial
Services of
the House of Representatives and the Committee on Foreign Relations of
the Senate and present testimony on--
``(1) any progress made in reforming the International
Monetary Fund;
``(2) the status of efforts to reform the international
financial system; and
``(3) the compliance of countries which have received
assistance from the International Monetary Fund with agreements
made as a condition of receiving the assistance.''.
Sec. 614. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is further amended by adding at the end the
following:
`` <<NOTE: 22 USC 262r-5.>> SEC. 1706. AUDITS OF THE INTERNATIONAL
MONETARY FUND.
``(a) Access to Materials.--Not later than 30 days after the date of
the enactment of this section, the Secretary of the Treasury shall
certify to the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Foreign Relations of the Senate
that the Secretary has instructed the United States Executive Director
at the International Monetary Fund to facilitate timely access by the
General Accounting Office to
[[Page 112 STAT. 2681-231]]
information and documents of the International Monetary Fund needed by
the Office to perform financial reviews of the International Monetary
Fund that will facilitate the conduct of United States policy with
respect to the Fund.
``(b) Reports.--Not later than June 30, 1999, and annually
thereafter, the Comptroller General of the United States shall prepare
and submit to the committees specified in subsection (a), the Committee
on Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report on the financial operations of the
Fund during the preceding year, which shall include--
``(1) the current financial condition of the International
Monetary Fund;
``(2) the amount, rate of interest, disbursement schedule,
and repayment schedule for any loans that were initiated or
outstanding during the preceding calendar year, and with respect
to disbursement schedules, the report shall identify and discuss
in detail any conditions required to be fulfilled by a borrower
country before a disbursement is made;
``(3) a detailed description of whether the trade policies
of borrower countries permit free and open trade by the United
States and other foreign countries in the borrower countries;
``(4) a detailed description of the export policies of
borrower countries and whether the policies may result in
increased export of their products, goods, or services to the
United States which may have significant adverse effects on, or
result in unfair trade practices against or affecting United
States companies, farmers, or communities;
``(5) a detailed description of any conditions of
International Monetary Fund loans which have not been met by
borrower countries, including a discussion of the reasons why
such conditions were not met, and the actions taken by the
International Monetary Fund due to the borrower country's
noncompliance;
``(6) an identification of any borrower country and loan on
which any loan terms or conditions were renegotiated in the
preceding calendar year, including a discussion of the reasons
for the renegotiation and any new loan terms and conditions; and
``(7) a specification of the total number of loans made by
the International Monetary Fund from its inception through the
end of the period covered by the report, the number and
percentage (by number) of such loans that are in default or
arrears, and the identity of the countries in default or
arrears, and the number of such loans that are outstanding as of
the end of period covered by the report and the aggregate amount
of the outstanding loans and the average yield (weighted by loan
principal) of the historical and outstanding loan portfolios of
the International Monetary Fund.''.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999''.
(e) For programs, projects or activities in the Department of the
Interior and Related Agencies Appropriations Act, 1999, provided as
follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
[[Page 112 STAT. 2681-232]]
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $619,311,000, to remain
available until expended, of which $2,082,000 shall be available for
assessment of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which
$3,000,000 shall be derived from the special receipt account established
by the Land and Water Conservation Act of 1965, as amended (16 U.S.C.
460l-6a(i)); and of which $1,500,000 shall be available in fiscal year
1999 subject to a match by at least an equal amount by the National Fish
and Wildlife Foundation, to such Foundation for cost-shared projects
supporting conservation of Bureau lands; in addition, $32,650,000 for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to result in a
final appropriation estimated at not more than $619,311,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations herein made
shall not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors.
For necessary expenses for fire preparedness, suppression
operations, emergency rehabilitation; and hazardous fuels reduction by
the Department of the Interior, $286,895,000, to remain available until
expended, of which not to exceed $6,950,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That unobligated balances of amounts previously appropriated to
the ``Fire Protection'' and ``Emergency Department of the Interior
Firefighting Fund'' may be transferred and merged with this
appropriation: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a Bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., Protection of United States Property, may be
credited to the appropriation from which funds were expended
[[Page 112 STAT. 2681-233]]
to provide that protection, and are available without fiscal year
limitation.
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account
to be available until expended without further appropriation: Provided
further, That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liquidated, or
otherwise disposed of by the Secretary and which shall be credited to
this account.
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $10,997,000, to remain available until
expended.
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $125,000,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local government
if the computed amount of the payment is less than $100.
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $14,600,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended.
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $97,037,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred
[[Page 112 STAT. 2681-234]]
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28, 1937
(50 Stat. 876).
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such as
release from competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage timber
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181f-1 et seq., and Public Law 103-66) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until <<NOTE: 43 USC 1735 note. miscellaneous trust
funds>> expended: Provided, That notwithstanding any provision to the
contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management which
have been damaged by the action of a resource developer, purchaser,
permittee, or any unauthorized person, without regard to whether all
moneys collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any such moneys
that are in excess of amounts needed
[[Page 112 STAT. 2681-235]]
to repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards.
Section 28f(a) of title 30, United States Code, is amended by
striking the first sentence and inserting, ``The holder of each
unpatented mining claim, mill, or tunnel site, located pursuant to the
mining laws of the United States, whether located before or after the
enactment of this Act, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 1999 through 2001, a claim
maintenance fee of $100 per claim or site.''
Section 28f(d) of title 30, United States Code, is amended by adding
the following new subsection at the end:
``(3) If a small miner waiver application is determined to
be defective for any reason, the claimant shall have a period of
60 days after receipt of written notification of the defect or
defects by the Bureau of Land Management to: (A) cure such
defect or defects, or (B) pay the $100 claim maintenance fee due
for such period.''.
Section 28g of title 30, United States Code, is amended by striking
``and before September 30, 1998'' and inserting in lieu thereof ``and
before September 30, 2001''.
United States Fish and Wildlife Service
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and
[[Page 112 STAT. 2681-236]]
wildlife resources, except whales, seals, and sea lions, maintenance of
the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other authorized
functions related to such resources by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities, $661,136,000, to remain available until September
30, 2000, except as otherwise provided herein, of which $11,648,000
shall remain available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of Engineers
under the Lower Snake River Compensation Plan, authorized by the Water
Resources Development Act of 1976, to compensate for loss of fishery
resources from water development projects on the Lower Snake River, and
of which not less than $2,000,000 shall be provided to local governments
in southern California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall remain
available until expended: Provided, That not less than $1,000,000 for
high priority projects which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended: Provided further, That not to exceed $5,756,000 shall be used
for implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act, as amended, for species that are indigenous to
the United States (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other steps to
implement actions described in subsections (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount available for law
enforcement, up to $400,000 to remain available until expended, may at
the discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of enforcement
activity, authorized or approved by the Secretary and to be
accounted <<NOTE: 16 USC 718k.>> for solely on his certificate: Provided
further, That hereafter, all fees collected for Federal migratory bird
permits shall be available to the Secretary, without further
appropriation, to be used for the expenses of the U.S. Fish and Wildlife
Service in administering such Federal migratory bird permits, and shall
remain available until expended: Provided further, That <<NOTE: 16 USC
746a. construction>> hereafter, pursuant to 31 U.S.C. 9701 and
notwithstanding 31 U.S.C. 3302, the Secretary shall charge reasonable
fees for the full costs of the U.S. Fish and Wildlife Service in
operating and maintaining the M/V Tiglax and other vessels, to be
credited to this account and to be available until expended: Provided
further, That of the amount provided for environmental contaminants, up
to $1,000,000 may remain available until expended for contaminant sample
analyses.
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of fishery and wildlife resources, and the acquisition of
lands and interests therein; $50,453,000, to remain available until
expended: Provided, That under this heading in Public Law 105-174, the
word ``fire,'' is inserted before the word ``floods''.
[[Page 112 STAT. 2681-237]]
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service,
$48,024,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $1,000,000, together with
such other sums as may become available, is for a grant to the State of
Ohio for acquisition of the Howard Farm near Metzger Marsh in the State
of Ohio.
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,000,000, to
be derived from the Cooperative Endangered Species Conservation Fund,
and to remain available until expended.
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$15,000,000, to remain available until expended.
For necessary expenses of the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended.
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96), and the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), $2,000,000, to remain available until expended: Provided,
That unexpended balances of amounts previously appropriated to the
African Elephant Conservation Fund, Rewards and Operations account, and
Rhinoceros and Tiger Conservation Fund may be transferred to and merged
with this appropriation: Provided further, <<NOTE: 16 USC
4246. administrative provisions>> That in fiscal year 1999 and
thereafter, donations to provide assistance under section 5304 of the
Rhinoceros and Tiger Conservation Act, subchapter I of the African
Elephant Conservation Act, and section 6 of the Asian Elephant
Conservation Act of 1997 shall be deposited to this Fund and shall be
available without further appropriation: Provided further, That in
fiscal year 1999 and thereafter, all penalties received by the United
States under 16 U.S.C. 4224 which are not used to pay rewards under 16
U.S.C. 4225 shall be deposited to this Fund to provide assistance under
16 U.S.C. 4211 and shall be available without further appropriation:
Provided further, That in fiscal year 1999 and thereafter, not more than
three percent of amounts appropriated to this Fund
[[Page 112 STAT. 2681-238]]
may be used by the Secretary of the Interior to administer the Fund.
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 104
passenger motor vehicles, of which 89 are for replacement only
(including 38 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or interests in
lands to be used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in Senate Report 105-56: Provided
further, That hereafter the Secretary may sell land and interests in
land, other than surface water rights, acquired in conformance with
subsections 206(a) and 207(c) of Public Law 101-618, the receipts of
which shall be deposited to the Lahontan Valley and Pyramid Lake Fish
and Wildlife Fund and used exclusively for the purposes of such
subsections, without regard to the limitation on the distribution of
benefits in subsection 206(f)(2) of such law: <<NOTE: 16 USC
1374. technical corrections>> Provided further, That section
104(c)(50)(B) of the Marine Mammal Protection Act (16 U.S.C. 1361-1407)
is amended by inserting the words ``until expended'' after the word
``Secretary'' in the second sentence.
<<NOTE: 16 USC 3503 note.>> Unit SC-03--
(1) The Secretary of the Interior shall, before the end of
the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in paragraph (2)
as are necessary to ensure that depictions of areas on that map
are consistent with the depictions of areas appearing on the map
entitled ``Amendments to the Coastal Barrier Resources System'',
dated May 15, 1997, and on file with the Committee on Resources
of the House of Representatives.
(2) The map described in this paragraph is the map that--
[[Page 112 STAT. 2681-239]]
(A) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(B) relates to unit SC-03 of the Coastal Barrier
Resources System.
Unit FL-35P--
(1) The Secretary of the Interior shall, before the end of
the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in paragraph (2)
as are necessary to ensure that depictions of areas on that map
are consistent with the depictions of areas appearing on the map
entitled ``Amendments to the Coastal Barrier Resources System'',
dated August 31, 1998, and on file with the Committee on
Resources of the House of Representatives.
(2) The map described in this paragraph is the map that--
(A) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(B) relates to unit FL-35P of the Coastal Barrier
Resources System.
Unit FL-35--
The Secretary of the Interior shall, before the end of the
30-day period beginning on the date of the enactment of this
Act, revise the the map depicting unit FL-35 of the Coastal
Barrier Resources System to exclude Pumpkin Key from the System.
National Park Service
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation
Corps as authorized by 16 U.S.C. 1706, $1,285,604,000, of which not less
than $600,000 is for salaries and expenses by, at, and exclusively for
new hires of mineral examiners on site at the Mojave National Preserve,
none of which may be used for staff or administrative expenses for the
geological resources division in Denver, Colorado or any other location,
and of which $12,800,000 is for research, planning and interagency
coordination in support of land acquisition for Everglades restoration
shall remain available until expended, and of which not to exceed
$10,000,000, to remain available until expended, is to be derived from
the special fee account established pursuant to title V, section 5201 of
Public Law 100-203.
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $46,225,000.
[[Page 112 STAT. 2681-240]]
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $72,412,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2000, of which $7,000,000 pursuant to section 507 of
Public Law 104-333 shall remain available until expended: Provided, That
of the total amount provided, $30,000,000 shall be for Save America's
Treasures for priority preservation projects, including preservation of
intellectual and cultural artifacts and of historic structures and
sites, of the National Archives and Records Administration and of
Federal agencies to which funds were appropriated in the Fiscal Year
1998 Interior and Related Agencies Appropriations Act: Provided further,
That individual Save America's Treasures grants shall be subject to a
fifty percent non-Federal match, and shall be available by transfer to
appropriate accounts of individual agencies, after approval of projects
by the Secretary: Provided further, That the agencies shall develop a
common list of project selection criteria for Save America's Treasures
which shall include national significance, urgency of need, and
educational value, and which shall be approved by the House and Senate
Committees on Appropriations prior to any commitment of grant funds:
Provided further, That individual projects shall only be eligible for
one grant, and all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to any commitment of grant
funds: Provided further, That within the amount provided for Save
America's Treasures, $3,000,000 shall be transferred immediately to the
Smithsonian Institution for restoration of the Star Spangled Banner,
$500,000 shall be available for the Sewall-Belmont House and sufficient
funds to complete the restoration of the Declaration of Independence and
the U.S. Constitution located in the National Archives: Provided
further, That none of the funds provided for Save America's Treasures
may be used for administrative expenses, and staffing for the program
shall be available from the existing staffing levels in the National
Park Service.
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$226,058,000, to remain available until expended: Provided, That
$550,000 for the Susan B. Anthony House, $1,000,000 for the Virginia
City Historic District, $2,000,000 for the Field Museum, $500,000 for
the Hecksher Museum, $600,000 for the Sotterly Plantation House,
$1,500,000 for the Kendall County Courthouse, $1,000,000 for the U-505,
and $600,000 for the Wheeling National Heritage Area shall be derived
from the Historic Preservation Fund pursuant to 16 U.S.C. 470a.
The contract authority provided for fiscal year 1999 by <<NOTE: 16
USC 460l-10a note. land acquisition and state assistance>> 16 U.S.C.
460l-10a is rescinded.
[[Page 112 STAT. 2681-241]]
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $147,925,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$500,000 is to administer the State assistance program: Provided, That
any funds made available for the purpose of acquisition of the Elwha and
Glines dams shall be used solely for acquisition, and shall not be
expended until the full purchase amount has been appropriated by the
Congress: Provided further, That the Secretary may acquire interests in
the property known as George Washington's Boyhood Home, Ferry Farm, from
the funds provided under this heading without regard to any restrictions
of the Land and Water Conservation Fund Act of 1965: Provided further,
That from the funds made available for land acquisition at Everglades
National Park and Big Cypress National Preserve, the Secretary may
provide for Federal assistance to the State of Florida for the
acquisition of lands or waters, or interests therein, within the
Everglades watershed (consisting of lands and waters within the
boundaries of the South Florida Water Management District, Florida Bay
and the Florida Keys) under terms and conditions deemed necessary by the
Secretary, to improve and restore the hydrological function of the
Everglades watershed: Provided further, That funds provided under this
heading to the State of Florida are contingent upon new matching non-
Federal funds by the State and shall be subject to an agreement that the
lands to be acquired will be managed in perpetuity for the restoration
of the Everglades.
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 375 passenger motor vehicles, of which 291
shall be for replacement only, including not to exceed 305 for police-
type use, 12 buses, and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to the
National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may distribute to operating units based on
the safety record of each unit the costs of programs designed to improve
workplace and employee safety, and to
[[Page 112 STAT. 2681-242]]
encourage employees receiving workers' compensation benefits pursuant to
chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
United States Geological Survey
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, and the mineral and water resources of the United
States, its territories and possessions, and other areas as authorized
by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the minerals
exploration program (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing industries
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law and to publish and disseminate data; $797,896,000, of
which $69,596,000 shall be available only for cooperation with States or
municipalities for water resources investigations; and of which
$16,400,000 shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and materials
processing industries; and of which $2,000,000 shall remain available
until expended for ongoing development of a mineral and geologic data
base; and of which $161,221,000 shall be available until September 30,
2000 for the biological research activity and the operation of the
Cooperative Research Units: Provided, That of the funds available for
the biological research activity, $6,600,000 shall be made available by
grant to the University of Alaska for conduct of, directly or through
subgrants, basic marine research activities in the North Pacific Ocean
pursuant to a plan approved by the Department of Commerce, the
Department of the Interior, and the State of Alaska: Provided further,
That none of these funds provided for the biological research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, <<NOTE: 43 USC 50. administrative provisions>> That no part of
this appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services; contracting
for the furnishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly appointed to
represent
[[Page 112 STAT. 2681-243]]
the United States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
the United States Geological Survey may contract directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 5, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purposes of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code, relating
to tort claims, but shall not be considered to be Federal employees for
any other purposes.
Minerals Management Service
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles for
replacement only; $117,902,000, of which $72,729,000 shall be available
for royalty management activities; and an amount not to exceed
$100,000,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after September
30, 1993: Provided, That $3,000,000 for computer acquisitions shall
remain available until September 30, 2000: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,118,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
[[Page 112 STAT. 2681-244]]
Office of Surface Mining Reclamation and Enforcement
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $93,078,000, and notwithstanding 31
U.S.C. <<NOTE: 30 USC 1302 note.>> 3302, an additional amount shall be
credited to this account, to remain available until expended, from
performance bond forfeitures in fiscal year 1999 and thereafter:
Provided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected in fiscal
year 1999 for civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim
lands adversely affected by coal mining practices after August 3, 1977,
to remain available until expended: Provided further, That
appropriations for the Office of <<NOTE: 30 USC 1211 note.>> Surface
Mining Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training: Provided further,
That beginning in fiscal year 1999 and <<NOTE: 30 USC 1302
note.>> thereafter, cost-based fees for the products of the Mine Map
Repository shall be established (and revised as needed) in Federal
Register Notices, and shall be collected and credited to this account,
to be available until expended for the costs of administering this
program.
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $185,416,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $7,000,000, to be derived from the cumulative balance of
interest earned to date on the Fund, shall be for supplemental grants to
States for the reclamation of abandoned sites with acid mine rock
drainage from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to minimum
program States will be $1,500,000 per State in fiscal year 1999:
Provided further, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by section 410 of
Public Law 95-87, as amended, of which no more than 25 percent shall be
used for emergency reclamation projects in any one State and funds for
federally administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation program
shall not be subject to the 25 percent limitation per State and may be
used without fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available to States under title IV of Public Law 95-87 may be used, at
their discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government
[[Page 112 STAT. 2681-245]]
for the purpose of environmental restoration related to treatment or
abatement of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided further,
That the State of Maryland may set aside the greater of $1,000,000 or 10
percent of the total of the grants made available to the State under
title IV of the Surface Mining Control and Reclamation Act of 1977, as
amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited
in an acid mine drainage abatement and treatment fund established under
a State law, pursuant to which law the amount (together with all
interest earned on the amount) is expended by the State to undertake
acid mine drainage abatement and treatment projects, except that before
any amounts greater than 10 percent of its title IV grants are deposited
in an acid mine drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control and Reclamation
Act priority one projects: <<NOTE: 30 USC 1231 note.>> Provided
further,That hereafter, donations received to support projects under the
Appalachian Clean Streams Initiative and under the Western Mine Lands
Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall
be credited to this account and remain available until expended without
further appropriation for projects sponsored under these initiatives,
directly through agreements with other Federal agencies, or through
grants to States, and funding to local governments, or tax exempt
private entities.
Bureau of Indian Affairs
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), as amended, $1,584,124,000, to remain
available until September 30, 2000 except as otherwise provided herein,
of which not to exceed $94,010,000 shall be for welfare assistance
payments and notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $114,871,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated with ongoing
contracts, grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 1999, as authorized by
such Act, except that tribes and tribal organizations may use their
tribal priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs, and of which not to exceed $387,365,000
for school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 1999, and shall remain
available until September 30, 2000; and of which not to exceed
$52,889,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records
improvement, the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited to
the Indian
[[Page 112 STAT. 2681-246]]
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $42,160,000 within and only from such amounts made available for
school operations shall be available to tribes and tribal organizations
for administrative cost grants associated with the operation
of <<NOTE: 25 USC 450j note.>> Bureau-funded schools: Provided further,
That hereafter funds made available to tribes and tribal organizations
through contracts, compact agreements, or grants, as authorized by the
Indian Self-Determination Act of 1975 or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain
available until expended by the contractor or grantee: Provided further,
That hereafter, to provide funding uniformity within a Self-Governance
Compact, any funds provided in this Act with availability for more than
two years may be reprogrammed to two year availability but shall remain
available within the Compact until expended: Provided
further, <<NOTE: 25 USC 13d-3.>> That hereafter notwithstanding any
other provision of law, Indian tribal governments may, by appropriate
changes in eligibility criteria or by other means, change eligibility
for general assistance or change the amount of general assistance
payments for individuals within the service area of such tribe who are
otherwise deemed eligible for general assistance payments so long as
such changes are applied in a consistent manner to individuals similarly
situated and, that any savings realized by such changes shall be
available for use in meeting other priorities of the tribes and, that
any net increase in costs to the Federal Government which result solely
from tribally increased payment levels for general assistance shall be
met exclusively from funds available to the tribe from within its tribal
priority allocation: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30, 2000, may be
transferred during fiscal year 2001 to an Indian forest land assistance
account established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2001: Provided further,
That hereafter tribes <<NOTE: 25 USC 2005 note. construction>> may use
tribal priority allocations funds for the replacement and repair of
school facilities in compliance with 25 U.S.C. 2005(a), so long as such
replacement or repair is approved by the Secretary and completed with
non-Federal tribal and/or tribal priority allocation funds: Provided
further, That the sixth proviso under Operation of Indian Programs in
Public Law 102-154, for the fiscal year ending September 30, 1992 (105
Stat. 1004), is hereby amended to read as follows: ``Provided further,
That until such time as legislation is enacted to the contrary, no funds
shall be used to take land into trust within the boundaries of the
original Cherokee territory in Oklahoma without consultation with the
Cherokee Nation:''.
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $123,421,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided
[[Page 112 STAT. 2681-247]]
further, That not to exceed 6 percent of contract authority available to
the Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program pursuant
to 25 U.S.C. 13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 1999, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled grant
schools under Public Law 100-297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not be
subject to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal organization
would be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or State
health and safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capabilities:
Provided further, That if the Secretary declines an application, the
Secretary shall follow the requirements contained in 25 U.S.C. 2505(f):
Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision in
25 U.S.C. 2508(e): Provided further, That funds appropriated in Public
Law 105-18, making emergency supplemental appropriations for the Bureau
of Indian Affairs for the repair of irrigation projects damaged in the
severe winter conditions and ensuing flooding, are available on a
nonreimbursable basis.
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $28,882,000, to remain available
until expended; of which $27,530,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; and of which $1,352,000 shall be
available pursuant to Public Laws 99-264, 100-383, 103-402, and 100-580:
Provided, That in fiscal year 1999 and thereafter, the Secretary is
directed to sell land and interests in land, other than surface water
rights, acquired in conformance with section 2 of the Truckee River
Water Quality Settlement Agreement, the receipts of which shall be
deposited to the Lahontan Valley and Pyramid Lake Fish and Wildlife
Fund, and be available for the purposes of section 2 of such agreement,
without regard to the limitation on the distribution of benefits in the
second sentence of paragraph 206(f)(2) of Public Law 101-618.
For the cost of guaranteed loans, $4,501,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be
[[Page 112 STAT. 2681-248]]
as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $59,681,698.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $500,000.
For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or
cooperative agreement, $5,000,000 to remain available until expended, of
which not to exceed $250,000 shall be available for administrative
expenses: Provided, That the Secretary may enter into a cooperative
agreement, which shall not be subject to Public Law 93-638, as amended,
with a tribe having jurisdiction over the pilot reservation to implement
the program to acquire fractional interests on behalf of such tribe:
Provided further, That the Secretary may develop a reservation-wide
system for establishing the fair market value of various types of lands
and improvements to govern the amounts offered for acquisition of
fractional interests: Provided further, That acquisitions shall be
limited to one or more pilot reservations as determined by the
Secretary: Provided further, That funds shall be available for
acquisition of fractional interests in trust or restricted lands with
the consent of its owners and at fair market value, and the Secretary
shall hold in trust for such tribe all interests acquired pursuant to
this pilot program: Provided further, That all proceeds from any lease,
resource sale contract, right-of-way or other transaction derived from
the fractional interest shall be credited to this appropriation, and
remain available until expended, until the purchase price paid by the
Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary for
the benefit of the applicable tribe or paid directly to the tribe.
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase of not to exceed 229 passenger motor
vehicles, of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration (except facilities operations and
maintenance) shall be available for tribal contracts, grants, compacts,
or cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available
[[Page 112 STAT. 2681-249]]
to support the operation of any elementary or secondary school in the
State of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995.
Departmental Offices
Insular Affairs
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $66,175,000, of which:
(1) $62,326,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $3,849,000 shall be available for salaries and expenses of the
Office of Insular Affairs: Provided, <<NOTE: 48 USC 1469b. compact of
free association>> That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the Covenant grant
funding for the Government of the Northern Mariana Islands $5,000,000
shall be used for the construction of prison facilities and $500,000
shall be used for construction and equipping of a crime laboratory
unless the Secretary determines that acceptable alternative financing
for these projects is already in place: Provided further, That of the
amounts provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance improvement
are appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including
[[Page 112 STAT. 2681-250]]
management and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing to be
determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $20,930,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Tuesday, April 2, 2013
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