H. R. 4818—206
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 548. 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 or under the headings ‘‘Child
Survival and Health Programs Fund’’, ‘‘Development Assistance’’,
and ‘‘Economic Support Fund’’ may be obligated or expended to
pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substan-
tially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
HAITI
SEC. 549. (a) Of the funds appropriated by this Act, not less
than the following amounts shall be made available for assistance
for Haiti—
(1) $20,000,000 from ‘‘Child Survival and Health Programs
Fund’’;
(2) $25,000,000 from ‘‘Development Assistance’’, of which
funds should be made available for poverty reduction, agri-
culture, environment, and basic education programs; and
(3) $40,000,000 from ‘‘Economic Support Fund’’, of which
funds should be made available for judicial reform programs,
police training, and activities in support of national elections.
(b) 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 Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 550. (a) PROHIBITION OF FUNDS.—None of the funds appro-
priated 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
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to sub-
section (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the steps the Pales-
tinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure. The report shall also
include a description of how funds will be spent and the accounting
procedures in place to ensure that they are properly disbursed.
H. R. 4818—207
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 551. 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
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.
FOREIGN MILITARY TRAINING REPORT
SEC. 552. The annual foreign military training report required
by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State
to the Committees on Appropriations of the House of Representa-
tives and the Senate by the date specified in that section.
AUTHORIZATION REQUIREMENT
SEC. 553. Funds appropriated by this Act, except funds appro-
priated under the headings ‘‘Trade and Development Agency’’,
‘‘Millennium Challenge Corporation’’, ‘‘Overseas Private Investment
Corporation’’, and ‘‘Global HIV/AIDS Initiative’’, may be obligated
and expended notwithstanding section 10 of Public Law 91–672
and section 15 of the State Department Basic Authorities Act of
1956.
CAMBODIA
SEC. 554. (a) 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 Central Government of Cambodia, except loans
to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of Cam-
bodia.
(2) Paragraph (1) shall not apply to assistance for basic edu-
cation, reproductive and maternal and child health, cultural and
historic preservation, programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio
and other infectious diseases, development and implementation of
legislation and implementation of procedures on inter-country adop-
tions consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, and for
the Ministry of Women and Veterans Affairs to combat human
trafficking.
H. R. 4818—208
(c) Notwithstanding subsection (b), of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, up to
$4,000,000 may be made available for activities to support democ-
racy, including assistance for democratic political parties.
(d) Funds appropriated by this Act to carry out provisions
of section 541 of the Foreign Assistance Act of 1961 may be made
available notwithstanding subsection (b) only if at least 15 days
prior to the obligation of such funds, the Secretary of State provides
to the Committees on Appropriations a list of those individuals
who have been credibly alleged to have ordered or carried out
extra-judicial and political killings that occurred during the March
1997 grenade attack against the Khmer Nation Party.
(e) None of the funds appropriated or otherwise made available
by this Act may be used to provide assistance to any tribunal
established by the Government of Cambodia unless the Secretary
of State determines and reports to the Committees on Appropria-
tions that: (1) Cambodia’s judiciary is competent, independent, free
from widespread corruption, and its decisions are free from inter-
ference by the executive branch; and (2) the proposed tribunal
is capable of delivering justice, that meets internationally recognized
standards, for crimes against humanity and genocide in an impar-
tial and credible manner.
PALESTINIAN STATEHOOD
SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated by this Act may be provided to support a Palestinian
state unless the Secretary of State determines and certifies to
the appropriate congressional committees that—
(1) a new leadership of a Palestinian governing entity
has been democratically elected through credible and competi-
tive elections;
(2) the elected governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures;
(C) is establishing a new Palestinian security entity
that is cooperative with appropriate Israeli and other
appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sov-
ereignty, territorial integrity, and political independence
of every state in the area through measures including
the establishment of demilitarized zones;
(C) their right to live in peace within secure and recog-
nized boundaries free from threats or acts of force;
(D) freedom of navigation through international water-
ways in the area; and
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(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the newly-elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if he
determines that it is vital to the national security interests of
the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly-elected governing
entity, in order to help meet the requirements of subsection (a),
consistent with the provisions of section 550 of this Act (‘‘Limitation
on Assistance to the Palestinian Authority’’).
COLOMBIA
SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED.—
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated prior
to a determination and certification by the Secretary of State
pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated
only after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those mem-
bers, of whatever rank who, according to the Minister
of Defense or the Procuraduria General de la Nacion, have
been credibly alleged to have committed gross violations
of human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations.
(B) The Colombian Government is vigorously inves-
tigating and prosecuting those members of the Colombian
Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary organizations, and is promptly punishing
those members of the Colombian Armed Forces found to
have committed such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made substan-
tial progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons sus-
pended from the Armed Forces and the nature and cause
of the suspension, and access to witnesses, relevant military
documents, and other requested information).
(D) The Colombian Armed Forces have made substan-
tial progress in severing links (including denying access
to military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit coopera-
tion) at the command, battalion, and brigade levels, with