H. R. 4818—203
NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION
SEC. 541. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of
the United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES
SUPPORTING
INTERNATIONAL TERRORISM
SEC. 542. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the
government of which the Secretary of State has determined is
a terrorist government for purposes of section 6(j) of the Export
Administration Act. The prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional commit-
tees a report with respect to the furnishing of such assistance.
Any such report shall include a detailed explanation of the assist-
ance to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL
PROPERTY TAXES OWED BY FOREIGN COUNTRIES
SEC. 543. (a) Subject to subsection (c), of the funds appropriated
by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of
the unpaid fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the appropriate congressional committees stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a)
may be made available for other programs or activities funded
by this Act, after consultation with and subject to the regular
notification procedures of the appropriate congressional committees,
provided that no such funds shall be made available for assistance
for the central government of a foreign country that has not paid
the total amount of the fully adjudicated parking fines and penalties
and unpaid property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
H. R. 4818—204
(d)(1) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to parking fines and penalties
no sooner than 60 days from the date of enactment of this Act,
or at any time with respect to a particular country, if the Secretary
determines that it is in the national interests of the United States
to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property taxes
if the Secretary of State determines that it is in the national
interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report
to the Committees on Appropriations describing a strategy,
including a timetable and steps currently being taken, to collect
the parking fines and penalties and unpaid property taxes and
interest owed by nations receiving foreign assistance under this
Act.
(f) In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the Committee on Appropriations of the Senate and the Com-
mittee on Appropriations of the House of Representatives.
(2) The term ‘‘fully adjudicated’’ includes circumstances
in which the person to whom the vehicle is registered—
(A)(i) has not responded to the parking violation sum-
mons; or
(ii) has not followed the appropriate adjudication proce-
dure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ‘‘parking fines and penalties’’ means parking
fines and penalties—
(A) owed to—
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2004.
(4) The term ‘‘unpaid property taxes’’ means the amount
of unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State
or subdivision thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 544. None of the funds appropriated by this Act may
be obligated for assistance for the Palestine Liberation Organization
for the West Bank and Gaza unless the President has exercised
the authority under section 604(a) of the Middle East Peace Facilita-
tion Act of 1995 (title VI of Public Law 104–107) or any other
legislation to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995
H. R. 4818—205
or to suspend the prohibition under other legislation, funds appro-
priated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 545. If the President determines that doing so will con-
tribute 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 Assist-
ance Act of 1961 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 or authorize 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 the drawdown made under this sec-
tion 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 other than Yugoslavia, Rwanda,
or the Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the Committees
on Appropriations.
LANDMINES
SEC. 546. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support
of the clearance of landmines and unexploded ordnance for humani-
tarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President
may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 547. 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 Govern-
ment for the purpose of conducting official United States Govern-
ment 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 loca-
tions 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.