118
HR 2159 EAS
WITHHOLDING ASSISTANCE TO COUNTRIES VIOLATING
UNITED NATIONS SANCTIONS AGAINST LIBYA
SEC. 591. (a) WITHHOLDING OF ASSISTANCE.—Except
as provided in subsection (b), whenever the President deter-
mines and certifies to Congress that the government of any
country is violating any sanction against Libya imposed
pursuant to United Nations Security Council Resolution
731, 748, or 883, then not less than 5 percent of the funds
allocated for the country under section 653(a) of the Foreign
Assistance Act of 1961 out of appropriations in this Act
shall be withheld from obligation and expenditure for that
country.
(b) EXCEPTION.—The requirement to withhold funds
under subsection (a) shall not apply to funds appropriated
in this Act for allocation under section 653(a) of the For-
eign Assistance Act of 1961 for development assistance or
for humanitarian assistance.
WAR CRIMES PROSECUTION
SEC. 592. 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 ‘‘commits a
grave breach of the Geneva Conventions’’ and insert-
ing in lieu thereof ‘‘commits a war crime’’;
(2) in subsection (b)—
119
HR 2159 EAS
(A) by striking ‘‘the person committing such
breach or the victim of such breach’’ and insert-
ing in lieu thereof ‘‘the person committing such
crime or the victim of such crime’’; and
(B) by inserting before the period at the end
of the subsection ‘‘or that the person committing
such crime is later found in the United States
after such crime is committed’’;
(3) in subsection (c)—
(A) by striking ‘‘the term ‘grave breach of
the Geneva Conventions’ means conduct defined
as’’ and inserting in lieu thereof ‘‘the term ‘war
crime’ means conduct (1) defined as’’; and
(B) by inserting the following before the pe-
riod at the end—
‘‘; (2) prohibited by Articles 23, 25, 27, or 28 of
the Annex to the Hague Convention IV, Respecting
the Laws and Customs of War on Land, signed on
October, 1907; (3) which constitutes a violation of
common Article 3 of the international conventions
signed at Geneva on August 1949; or (4) of a person
who, in relation to an armed conflict and contrary to
the provisions of the Protocol on Prohibitions or Re-
strictions on the Use of Mines, Booby-traps and Other
Devices as amended at Geneva on 3 May 1996 (Proto-
120
HR 2159 EAS
col 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’’;
(4) by adding a new subsection (d) to read as
follows:
‘‘(d) NOTIFICATION.—No prosecution of any
crime prohibited in this section shall be undertaken
by the United States except upon the written notifica-
tion to the Congress by the Attorney General or his
designee that in his judgment a prosecution by the
United States is in the national interest and nec-
essary to secure substantial justice.’’.
REFORM AND REVIEW OF UNITED STATES SPONSORED
TRAINING PROGRAMS
SEC. 593. (a) FINDINGS.—Congress makes the follow-
ing findings:
(1) United States training of members of Latin
American military and security forces that occurred
primarily at the Army School of the Americas be-
tween 1982 and 1991 has been severely criticized for
promoting practices that have contributed to the vio-
lation of human rights and have otherwise been in-
consistent with the appropriate role of the Armed
Forces in a democratic society.
(2) Numerous members of Latin American mili-
tary and security forces who have participated in
121
HR 2159 EAS
United States sponsored training programs, have sub-
sequently been identified as having masterminded,
participated in, or sought to cover up some of the
most heinous human rights abuses in the region.
(3) United States interests in Latin America
would be better served if Latin American military
personnel were exposed to training programs designed
to promote—
(A) proper management of scarce national
defense resources,
(B) improvements in national systems of
justice in accordance with internationally recog-
nized principles of human rights, and
(C) greater respect and understanding of the
principle of civilian control of the military.
(4) In 1989, Congress mandated that the Depart-
ment of Defense institute new training programs
(commonly referred to as expanded IMET) with funds
made available for international military and edu-
cation programs in order to promote the interests de-
scribed in paragraph (3). Congress also expanded the
definition of eligibility for such training to include
non-defense government personnel from countries in
Latin America.
122
HR 2159 EAS
(5) Despite congressionally mandated emphasis
on expanded IMET training programs, only 4 of the
more than 50 courses offered annually at the United
States Army School of the Americas qualify as ex-
panded IMET.
(b) LIMITATION ON USE OF FUNDS.—Notwithstanding
any other provision of law, none of the funds appropriated
in this Act under the heading relating to international mili-
tary education and training may be made available for
training members of any Latin American military or secu-
rity force until—
(1) the Secretary of Defense has advised the Sec-
retary of State in writing that 30 percent of IMET
funds appropriated for fiscal year 1998 for the cost
of Latin American participants in IMET programs
will be disbursed only for the purpose of supporting
enrollment of such participants in expanded IMET
courses; and
(2) the Secretary of State has identified suffi-
cient numbers of qualified, non-military personnel
from countries in Latin America to participate in
IMET programs during fiscal year 1998 in consulta-
tion with the Secretary of Defense, and has instructed
United States embassies in the hemisphere to approve
their participation in such programs so that not less
123
HR 2159 EAS
than 25 percent of the individuals from Latin Amer-
ican countries attending United States supported
IMET programs are civilians.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary of State shall report
in writing to the appropriate committees of 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 3 fiscal
years.
LIBERATION TIGERS OF TAMIL EELAM
SEC. 594. SENSE OF SENATE.—It is the sense of the
Senate that the Department of State should list the Libera-
tion Tigers of Tamil Eelam as a terrorist organization.
LIMITATION ON INTERNATIONAL MILITARY EDUCATION AND
TRAINING ASSISTANCE FOR PERU
SEC. 595. None of the funds appropriated or otherwise
made available by this Act may be provided to the Govern-
ment of Peru for international military education and
training under chapter 5 of part II of the Foreign Assist-
ance Act of 1961, unless the President certifies to Congress
that the Government of Peru is taking all necessary steps
to ensure that United States citizens held in prisons in Peru
124
HR 2159 EAS
are accorded timely, open, and fair legal proceedings in ci-
vilian courts.
LIMIT AID TO THE GOVERNMENT OF CONGO UNTIL
PRESIDENTIAL CERTIFICATION
SEC. 596. None of the funds appropriated or otherwise
made available by this Act may be provided to the Govern-
ment of Congo until such time as the President reports in
writing to the Congress that the Government of Congo is
cooperating fully with investigators from the United Na-
tions or any other international relief organizations in ac-
counting for human rights violations or atrocities commit-
ted in Congo or adjacent countries.
Titles I through V of this Act may be cited as the ‘‘For-
eign Operations, Export Financing, and Related Programs
Appropriations Act, 1998’’.
Attest:
Secretary.
HR 2159 EAS——2
HR 2159 EAS——3
HR 2159 EAS——4
HR 2159 EAS——5
HR 2159 EAS——6
HR 2159 EAS——7
HR 2159 EAS——8
HR 2159 EAS——9
HR 2159 EAS——10