H. R. 2159—51
(b) EXCEPTION.—The requirement to withhold funds under sub-
section (a) shall not apply to funds appropriated in this Act for
allocation under section 653(a) of the Foreign Assistance Act of
1961 for development assistance or for humanitarian assistance.
(c) WAIVER.—Funds may be provided for a country without
regard to subsection (a) if the President determines that to do
so is in the national security interest of the United States.
WAR CRIMES PROSECUTION
SEC. 583. Section 2401 of title 18, United States Code (Public
Law 104–192; the War Crimes Act of 1996) is amended as follows—
(1) in subsection (a), by striking ‘‘grave breach of the
Geneva Conventions’’ and inserting ‘‘war crime’’;
(2) in subsection (b), by striking ‘‘breach’’ each place it
appears and inserting ‘‘war crime’’; and
(3) so that subsection (c) reads as follows:
‘‘(c) DEFINITION.—As used in this section the term ‘war crime’
means any conduct—
‘‘(1) defined as a grave breach in any of the international
conventions signed at Geneva 12 August 1949, or any protocol
to such convention to which the United States is a party;
‘‘(2) prohibited by Article 23, 25, 27, or 28 of the Annex
to the Hague Convention IV, Respecting the Laws and Customs
of War on Land, signed 18 October 1907;
‘‘(3) which constitutes a violation of common Article 3 of
the international conventions signed at Geneva, 12 August
1949, or any protocol to such convention to which the United
States is a party and which deals with non-international armed
conflict; or
‘‘(4) of a person who, in relation to an armed conflict and
contrary to the provisions of the Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-Traps and Other
Devices as amended at Geneva on 3 May 1996 (Protocol II
as amended on 3 May 1996), when the United States is a
party to such Protocol, willfully kills or causes serious injury
to civilians.’’.
INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAMS FOR
LATIN AMERICA
SEC. 584. (a) EXPANDED IMET.—The Secretary of Defense, in
consultation with the Secretary of State, should make every effort
to ensure that approximately 30 percent of the funds appropriated
in this Act for ‘‘International Military Education and Training ’’
for the cost of Latin American participants in IMET programs
will be disbursed for the purpose of supporting enrollment of such
participants in expanded IMET courses.
H. R. 2159—52
(b) CIVILIAN PARTICIPATION.—The Secretary of State, in con-
sultation with the Secretary of Defense, should identify sufficient
numbers of qualified, non-military personnel from countries in Latin
America so that approximately 25 percent of the total number
of individuals from Latin American countries attending United
States supported IMET programs and the Center for Hemispheric
Defense Studies at the National Defense University are civilians.
(c) REPORT.—Not later than twelve months after the date of
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State, shall report in writing to the appro-
priate committees of the Congress on the progress made to improve
military training of Latin American participants in the areas of
human rights and civilian control of the military. The Secretary
shall include in the report plans for implementing additional
expanded IMET programs for Latin America during the next three
fiscal years.
AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO
SEC. 585. None of the funds appropriated or otherwise made
available by this Act may be provided to the central Government
of the Democratic Republic of Congo until such time as the President
reports in writing to the Congress that the central Government
of the Democratic Republic of Congo is cooperating fully with inves-
tigators from the United Nations in accounting for human rights
violations committed in the Democratic Republic of Congo or adja-
cent countries.
ASSISTANCE FOR THE MIDDLE EAST
SEC. 586. Of the funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’, ‘‘Foreign Military Financing ’’,
‘‘International Military Education and Training ’’, ‘‘Peacekeeping
Operations’’, for refugees resettling in Israel under the heading
‘‘Migration and Refugee Assistance’’, and for assistance for Israel
to carry out provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 under the heading ‘‘Nonproliferation, Anti-
Terrorism, Demining, and Related Programs’’, not more than a
total of $5,402,850,000 may be made available for Israel, Egypt,
Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon
Monitoring Group, the Multinational Force and Observers, the Mid-
dle East Regional Democracy Fund, Middle East Regional Coopera-
tion, and Middle East Multilateral Working Groups: Provided, That
any funds that were appropriated under such headings in prior
fiscal years and that were at the time of enactment of this Act
obligated or allocated for other recipients may not during fiscal
year 1998 be made available for activities that, if funded under
this Act, would be required to count against this ceiling: Provided
further, That funds may be made available notwithstanding the
requirements of this section if the President determines and certifies
to the Committees on Appropriations that it is important to the
national security interest of the United States to do so and any
such additional funds shall only be provided through the regular
notification procedures of the Committees on Appropriations.
H. R. 2159—53
AGRICULTURE
SEC. 587. The first proviso of subsection (k) under the heading
‘‘Assistance for the New Independent States of the Former Soviet
Union’’ in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as contained in Public Law
104–208, is amended by striking ‘‘not less than’’ and inserting
in lieu thereof ‘‘up to’’.
ENTERPRISE FUND RESTRICTIONS
SEC. 588. Section 201(l) of the Support for East European
Democracy Act (22 U.S.C. 5421(l)) is amended to read as follows:
‘‘(l) 
LIMITATION
ON
PAYMENTS
TO
ENTERPRISE
FUND
PERSONNEL.—
‘‘(1) No part of the funds of an Enterprise Fund shall
inure to the benefit of any board member, officer, or employee
of such Enterprise Fund, except as salary or reasonable com-
pensation for services subject to paragraph (2).
‘‘(2) An Enterprise Fund shall not pay compensation for
services to—
‘‘(A) any board member of the Enterprise Fund, except
for services as a board member; or
‘‘(B) any firm, association, or entity in which a board
member of the Enterprise Fund serves as partner, director,
officer, or employee.
‘‘(3) Nothing in paragraph (2) shall preclude payment for
services performed before the date of enactment of this sub-
section nor for arrangements approved by the grantor and
notified in writing to the Committees on Appropriations.’’.
CAMBODIA
SEC. 589. The Secretary of the Treasury should instruct the
United States executive directors of the international financial
institutions to use the voice and vote of the United States to
oppose loans to the Government of Cambodia, except loans to
support basic human needs.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 590. Not to exceed 5 percent of any appropriation other
than for administrative expenses made available for fiscal year
1998 for programs under title I of this Act may be transferred
between such appropriations for use for any of the purposes, pro-
grams and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifi-
cally 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.
H. R. 2159—54
DEVELOPMENT CREDIT AUTHORITY
SEC. 591. For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of direct loans and loan guarantees
in support of the development objectives of the Foreign Assistance
Act of 1961, up to $7,500,000, which amount may be derived by
transfer from funds appropriated by this Act to carry out part
I of the Foreign Assistance Act of 1961 and funds appropriated
by this Act under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’, to remain available until expended: Provided,
That up to $500,000 of the funds appropriated by this Act under
the heading ‘‘Operating Expenses of the Agency for International
Development’’ may be made available for administrative expenses
to carry out such programs: Provided further, That the provisions
of section 107A(d) (relating to general provisions applicable to devel-
opment credit authority) of the Foreign Assistance Act of 1961,
as added by section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under this
paragraph: Provided further, That direct loans or loan guarantees
under this paragraph may not be provided until the Director of
the Office of Management and Budget has certified to the
Committees on Appropriations that the Agency for International
Development has established a credit management system capable
of effectively managing the credit programs funded under this head-
ing, including that such system: (1) can provide accurate and timely
provision of loan and loan guarantee data; (2) contains information
control systems for loan and loan guarantee data; (3) is adequately
staffed; and (4) contains appropriate review and monitoring proce-
dures.
AUTHORIZATION FOR POPULATION PLANNING
SEC. 592. (a) Not to exceed $385,000,000 of the funds
appropriated in title II of this Act may be available for population
planning activities or other population assistance.
(b) Such funds may be apportioned only on a monthly basis,
and such monthly apportionments may not exceed 8.34 percent
of the total available for such activities.
This Act may be cited as the ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.