H. R. 2159—10
defined in section 502 of the Congressional Budget Act of 1974,
of modifying direct loans and loan guarantees for said country.
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER
SOVIET UNION
(a) For necessary expenses to carry out the provisions of chapter
11 of part I of the Foreign Assistance Act of 1961 and the FREE-
DOM Support Act, for assistance for the new independent states
of the former Soviet Union and for related programs, $770,000,000,
to remain available until September 30, 1999: Provided, That the
provisions of such chapter shall apply to funds appropriated by
this paragraph.
(b) None of the funds appropriated under this heading shall
be made available to the Government of Russia—
(1) unless that government is making progress in
implementing comprehensive economic reforms based on mar-
ket principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and equi-
table treatment of foreign private investment;
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or ventures;
and
(3) funds may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(c) None of the funds appropriated under this heading shall
be made available to any government of the new independent
states of the former Soviet Union if that government directs any
action in violation of the territorial integrity or national sovereignty
of any other new independent state, such as those violations
included in the Helsinki Final Act: Provided, That such funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the
national security interest of the United States: Provided further,
That the restriction of this subsection shall not apply to the use
of such funds for the provision of assistance for purposes of humani-
tarian and refugee relief.
(d) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall be
made available for any state to enhance its military capability:
Provided, That this restriction does not apply to demilitarization,
demining, or nonproliferation programs.
(e) Funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on Appro-
priations.
(f ) Funds made available in this Act for assistance to the
new independent states of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(g) Funds appropriated under title II of this Act, including
funds appropriated under this heading, may be made available
for assistance for Mongolia: Provided, That funds made available
for assistance for Mongolia may be made available in accordance
with the purposes and utilizing the authorities provided in chapter
11 of part I of the Foreign Assistance Act of 1961.
H. R. 2159—11
(h) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated under this heading or
in prior appropriations Acts, for projects or activities that have
as one of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance to the
New Independent States and the implementing agency shall encour-
age the participation of and give significant weight to contractors
and grantees who propose investing a significant amount of their
own resources (including volunteer services and in-kind contribu-
tions) in such projects and activities.
(i) Funds appropriated under this heading or in prior appropria-
tions Acts that are or have been made available for an Enterprise
Fund may be deposited by such Fund in interest-bearing accounts
prior to the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program proposes any
interest earned on such deposits without returning such interest
to the Treasury of the United States and without further appropria-
tion by the Congress. Funds made available for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
( j)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent
shall be withheld from obligation until the President determines
and certifies in writing to the Committees on Appropriations that
the Government of Russia has terminated implementation of
arrangements to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear reactor,
related nuclear research facilities or programs, or ballistic missile
capability.
(2) Notwithstanding paragraph (1) assistance may be provided
for the Government of Russia if the President determines and
certifies to the Committees on Appropriations that making such
funds available: (A) is vital to the national security interest of
the United States; and (B) that the Government of Russia is taking
meaningful steps to limit major supply contracts and to curtail
the transfer of technology and technological expertise related to
activities referred to in paragraph (1).
(k) Of the funds appropriated under this heading, not less
than $225,000,000 shall be made available for Ukraine, which sum
shall be provided with the understanding that Ukraine will under-
take significant economic reforms which are additional to those
which were undertaken in the previous fiscal year: Provided, That
50 percent of the amount made available in this subsection, exclu-
sive of funds made available for election related initiatives and
nuclear reactor safety activities, shall be withheld from obligation
and expenditure until the Secretary of State determines and cer-
tifies no later than April 30, 1998, that the Government of Ukraine
has made significant progress toward resolving complaints made
by United States investors to the United States embassy prior
to April 30, 1997: Provided further, That funds made available
under this subsection, and funds appropriated for Ukraine in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 as contained in Public Law 104–208 shall
be made available to complete the preparation of safety analysis
reports at each nuclear reactor in Ukraine over the next three
years.
H. R. 2159—12
(l) Of the funds appropriated under this heading, not less
than $250,000,000 shall be made available for assistance for the
Southern Caucasus region: Provided, That of the funds provided
under this subsection 37 percent shall be made available for Georgia
and 35 percent shall be made available for Armenia: Provided
further, That of the funds made available for the Southern Caucasus
region, 28 percent should be used for reconstruction and remedial
activities relating to the consequences of conflicts within the region,
especially those in the vicinity of Abkhazia and Nagorno-Karabakh:
Provided further, That if the Secretary of State after May 30,
1998, determines and reports to the relevant committees of Congress
that the full amount of reconstruction and remedial funds that
may be made available under the previous proviso cannot be effec-
tively utilized, up to 62.5 percent of the amount provided under
the previous proviso for reconstruction and remediation may be
used for other purposes under this heading.
(m) Funds provided under the previous subsection shall be
made available for humanitarian assistance for refugees, displaced
persons, and needy civilians affected by the conflicts in the Southern
Caucasus region, including those in the vicinity of Abkhazia and
Nagorno-Karabakh, notwithstanding any other provision of this
or any other Act.
(n) Funds made available under this Act or any other Act
may not be provided for assistance to the Government of Azerbaijan
until the President determines, and so reports to the Congress,
that the Government of Azerbaijan is taking demonstrable steps
to cease all blockades against Armenia and Nagorno-Karabakh:
Provided, That the restriction of this subsection and section 907
of the FREEDOM Support Act shall not apply to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
Public Law 104–201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421); and
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity.
(o) None of the funds appropriated under this heading or in
prior appropriations legislation may be made available to establish
a joint public-private entity or organization engaged in the manage-
ment of activities or projects supported by the Defense Enterprise
Fund.
INDEPENDENT AGENCY
PEACE CORPS
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $222,000,000, including the purchase
of not to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That funds appropriated under
this heading shall remain available until September 30, 1999.
H. R. 2159—13
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $215,000,000: Provided, That during fiscal
year 1998, the Department of State may also use the authority
of section 608 of the Act, without regard to its restrictions, to
receive non-lethal excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Pro-
vided further, That not later than 60 days after the date of enact-
ment of this Act, the Secretary of State in consultation with the
Director of the Office of National Drug Control Policy shall submit
a report to the Committees on Appropriations containing: (1) a
list of all countries in which the United States carries out inter-
national counter-narcotics activities; (2) the number, mission and
agency affiliation of United States personnel assigned to each such
country; and (3) all costs and expenses obligated for each program,
project or activity by each United States agency in each country:
Provided further, That of the amount made available under this
heading not to exceed $5,000,000 shall be allocated to operate
the Western Hemisphere International Law Enforcement Academy:
Provided further, That 10 percent of the funds appropriated under
this heading shall not be available for obligation until the Secretary
of State submits a report to the Committees on Appropriations
providing a financial plan for the funds appropriated under this
heading and under the heading ‘‘Narcotics Interdiction’’.
NARCOTICS INTERDICTION
For necessary expenses to carry out the provisions of section
481 of the Foreign Assistance Act of 1961, $15,000,000, to remain
available until expended, in addition to amounts otherwise available
for such purposes, which shall be available for assistance, including
procurement, for support of air drug interdiction and eradication
and other related purposes: Provided, That funds appropriated
under this heading shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a contribu-
tion to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organiza-
tion for Migration and the United Nations High Commissioner
for Refugees, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as authorized
by sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$650,000,000: Provided, That not more than $12,000,000 shall be
available for administrative expenses: Provided further, That not
less than $80,000,000 shall be made available for refugees from