Page:United States Statutes at Large Volume 112 Part 4.djvu/220

 112 STAT. 2681-191 PUBLIC LAW 105-277—OCT. 21, 1998 (2) TERMS AND CONDITIONS. — Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section. (3) ADMINISTRATION.—The Facility, as defined in section 702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall make an adjustment in its accounts to reflect the sale, reduction, or cancellation. (4) LIMITATION.— The authorities of this subsection shall be available only to the extent that appropriations for the cost of the modification, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance. (b) DEPOSIT OF PROCEEDS. —The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan. (c) ELIGIBLE PURCHASERS.— ^A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. (d) DEBTOR CONSULTATIONS.—Before the sale to any eligible purchaser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. (e) AVAILABILITY OF FUNDS. —The authority provided by subsection (a) may be used only with regard to funds appropriated by this Act under the heading "Debt restructuring". LIMITATION ON ASSISTANCE FOR HAITI SEC. 561. (a) LIMITATION. — Funds appropriated by this Act may be made available for assistance for the central Government of Haiti only if the President reports to the Committee on Appr(H)riations and the Committee on International Relations of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate that the Government of Haiti— (1) has completed privatization of (or placed under lon^- term private management or concession) three major public entities including the completion of all required incorporating documents, the transfer of assets, and the eviction of unauthorized occupants of the land or facility; (2) has re-signed or is implementing the bilateral Repatriation Agreement with the United States and in the preceding six months that the central Government of Haiti is cooperating with the United States in halting illegal emigration from Haiti; (3) is conducting thorough investigations of extrajudicial and political kilUngs and has made substantial progress in bringing to justice a person or persons responsible for one or more extrsgudicial or political killings in Haiti, and is

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