II

Calendar No. 159

106TH CONGRESS

1ST SESSION S. 1234

[Report No. 106–81]

Making appropriations for foreign operations, export financing, and related

programs for the fiscal year ending September 30, 2000, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 17, 1999

Mr. MCCONNELL, from the Committee on Appropriations, reported the

following original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending

September 30, 2000, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2000, and for other pur6 poses, namely:
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1 TITLE I—EXPORT AND INVESTMENT

2 ASSISTANCE

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 The Export-Import Bank of the United States is au5 thorized to make such expenditures within the limits of

6 funds and borrowing authority available to such corpora7 tion, and in accordance with law, and to make such con8 tracts and commitments without regard to fiscal year limi9 tations, as provided by section 104 of the Government

10 Corporation Control Act, as may be necessary in carrying

11 out the program for the current fiscal year for such cor12 poration: Provided, That none of the funds available dur13 ing the current fiscal year may be used to make expendi14 tures, contracts, or commitments for the export of nuclear

15 equipment, fuel, or technology to any country other than

16 a nuclear-weapon State as defined in Article IX of the

17 Treaty on the Non-Proliferation of Nuclear Weapons eligi18 ble to receive economic or military assistance under this

19 Act that has detonated a nuclear explosive after the date

20 of enactment of this Act.

21 SUBSIDY APPROPRIATION

22 For the cost of direct loans, loan guarantees, insur23 ance, and tied-aid grants as authorized by section 10 of

24 the Export-Import Bank Act of 1945, as amended,

25 $785,000,000 to remain available until September 30,

26 2003: Provided, That such costs, including the cost of
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1 modifying such loans, shall be as defined in section 502

2 of the Congressional Budget Act of 1974: Provided fur3 ther, That such sums shall remain available until 2018 for

4 the disbursement of direct loans, loan guarantees, insur5 ance and tied-aid grants obligated in fiscal years 2000,

6 2001, 2002 and 2003: Provided further, That none of the

7 funds appropriated by this Act or any prior Act appro8 priating funds for foreign operations, export financing, or

9 related programs for tied-aid credits or grants may be

10 used for any other purpose except through the regular no11 tification procedures of the Committees on Appropria12 tions: Provided further, That funds appropriated by this

13 paragraph are made available notwithstanding section

14 2(b)(2) of the Export Import Bank Act of 1945, in con15 nection with the purchase or lease of any product by any

16 East European country, any Baltic State or any agency

17 or national thereof.

18 ADMINISTRATIVE EXPENSES

19 For administrative expenses to carry out the direct

20 and guaranteed loan and insurance programs (to be com21 puted on an accrual basis), including hire of passenger

22 motor vehicles and services as authorized by 5 U.S.C.

23 3109, and not to exceed $25,000 for official reception and

24 representation expenses for members of the Board of Di25 rectors, $55,000,000: Provided, That necessary expenses

26 (including special services performed on a contract or fee
4

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1 basis, but not including other personal services) in connec2 tion with the collection of moneys owed the Export-Import

3 Bank, repossession or sale of pledged collateral or other

4 assets acquired by the Export-Import Bank in satisfaction

5 of moneys owed the Export-Import Bank, or the investiga6 tion or appraisal of any property, or the evaluation of the

7 legal or technical aspects of any transaction for which an

8 application for a loan, guarantee or insurance commitment

9 has been made, shall be considered nonadministrative ex10 penses for the purposes of this heading: Provided further,

11 That, notwithstanding subsection (b) of section 117 of the

12 Export Enhancement Act of 1992, subsection (a) thereof

13 shall remain in effect until October 1, 2000.

14 OVERSEAS PRIVATE INVESTMENT CORPORATION

15 NONCREDIT ACCOUNT

16 The Overseas Private Investment Corporation is au17 thorized to make, without regard to fiscal year limitations,

18 as provided by 31 U.S.C. 9104, such expenditures and

19 commitments within the limits of funds available to it and

20 in accordance with law as may be necessary: Provided,

21 That the amount available for administrative expenses to

22 carry out the credit and insurance programs (including an

23 amount for official reception and representation expenses

24 which shall not exceed $35,000) shall not exceed

25 $31,500,000: Provided further, That project-specific trans26 action costs, including direct and indirect costs incurred
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1 in claims settlements, and other direct costs associated

2 with services provided to specific investors or potential in3 vestors pursuant to section 234 of the Foreign Assistance

4 Act of 1961, shall not be considered administrative ex5 penses for the purposes of this heading.

6 PROGRAM ACCOUNT

7 For the cost of direct and guaranteed loans,

8 $24,000,000, as authorized by section 234 of the Foreign

9 Assistance Act of 1961 to be derived by transfer from the

10 Overseas Private Investment Corporation noncredit ac11 count: Provided, That such costs, including the cost of

12 modifying such loans, shall be as defined in section 502

13 of the Congressional Budget Act of 1974: Provided fur14 ther, That such sums shall be available for direct loan obli15 gations and loan guaranty commitments incurred or made

16 during fiscal years 2000 and 2001: Provided further, That

17 such sums shall remain available through fiscal year 2008

18 for the disbursement of direct and guaranteed loans obli19 gated in fiscal year 2000, and through fiscal year 2009

20 for the disbursement of direct and guaranteed loans obli21 gated in fiscal year 2001: Provided further, That in addi22 tion, such sums as may be necessary for administrative

23 expenses to carry out the credit program may be derived

24 from amounts available for administrative expenses to

25 carry out the credit and insurance programs in the Over-
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1 seas Private Investment Corporation Noncredit Account

2 and merged with said account.

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 TRADE AND DEVELOPMENT AGENCY

5 For necessary expenses to carry out the provisions

6 of section 661 of the Foreign Assistance Act of 1961,

7 $43,000,000, to remain available until September 30,

8 2001: Provided, That the Trade and Development Agency

9 may receive reimbursements from corporations and other

10 entities for the costs of grants for feasibility studies and

11 other project planning services, to be deposited as an off12 setting collection to this account and to be available for

13 obligation until September 30, 2001, for necessary ex14 penses under this paragraph: Provided further, That such

15 reimbursements shall not cover, or be allocated against,

16 direct or indirect administrative costs of the agency.

17 TITLE II—BILATERAL ECONOMIC ASSISTANCE

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 For expenses necessary to enable the President to

20 carry out the provisions of the Foreign Assistance Act of

21 1961, and for other purposes, to remain available until

22 September 30, 1999, unless otherwise specified herein, as

23 follows:
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1 AGENCY FOR INTERNATIONAL DEVELOPMENT

2 DEVELOPMENT ASSISTANCE

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out the provisions

5 of sections 103 through 106, section 301, and chapter 10

6 of part I of the Foreign Assistance Act of 1961, title V

7 of the International Security and Development Coopera8 tion Act of 1980 (Public Law 96–533) and the provisions

9 of section 401 of the Foreign Assistance Act of 1969,

10 $1,928,500,000, to remain available until September 30,

11 2001: Provided, That of the amount appropriated under

12 this heading, funds may be made available for the Inter13 American Foundation (IAF) but shall be provided only

14 after the General Accounting Office has completed its cur15 rent IAF civil and criminal investigations and reported to

16 the Committees on Appropriations: Provided further, That

17 funds made available for the IAF shall be subject to the

18 regular notification procedures of the Committees on Ap19 propriations: Provided further, That of the amount appro20 priated under this heading, up to $12,500,000 may be

21 made available for the African Development Foundation

22 and shall be apportioned directly to that agency: Provided

23 further, That of the funds appropriated under this head24 ing, not less than $225,000,000 shall be made available

25 for programs for the prevention, treatment, and control

26 of, and research on, infectious diseases in developing coun-
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1 tries, of which amount not less than $150,000,000 shall

2 be made available for such programs for HIV/AIDS in3 cluding not less than $5,000,000 which shall be made

4 available to support a United States Government strategy

5 to develop microbicides as a means for combating HIV/

6 AIDS: Provided further, That of the funds made available

7 under this heading, not less than $50,000,000 should be

8 made available for activities addressing the health and nu9 trition needs of pregnant women and mothers: Provided

10 further, That of the funds appropriated under this head11 ing, not less than $105,000,000 shall be made available

12 for the United Nations Children’s Fund: Provided further,

13 That not less than $425,000,000 of the funds appro14 priated under this heading shall be made available to carry

15 out the provisions of section 104(b) of the Foreign Assist16 ance Act of 1961: Provided further, That none of the funds

17 made available in this Act nor any unobligated balances

18 from prior appropriations may be made available to any

19 organization or program which, as determined by the

20 President of the United States, supports or participates

21 in the management of a program of coercive abortion or

22 involuntary sterilization: Provided further, That none of

23 the funds made available under this heading may be used

24 to pay for the performance of abortion as a method of

25 family planning or to motivate or coerce any person to
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1 practice abortions; and that in order to reduce reliance

2 on abortion in developing nations, funds shall be available

3 only to voluntary family planning projects which offer, ei4 ther directly or through referral to, or information about

5 access to, a broad range of family planning methods and

6 services: Provided further, That in awarding grants for

7 natural family planning under section 104 of the Foreign

8 Assistance Act of 1961 no applicant shall be discriminated

9 against because of such applicant’s religious or conscien10 tious commitment to offer only natural family planning;

11 and, additionally, all such applicants shall comply with the

12 requirements of the previous proviso: Provided further,

13 That for purposes of this or any other Act authorizing

14 or appropriating funds for foreign operations, export fi15 nancing, and related programs, the term ‘‘motivate’’, as

16 it relates to family planning assistance, shall not be con17 strued to prohibit the provision, consistent with local law,

18 of information or counseling about all pregnancy options:

19 Provided further, That nothing in this paragraph shall be

20 construed to alter any existing statutory prohibitions

21 against abortion under section 104 of the Foreign Assist22 ance Act of 1961: Provided further, That, notwithstanding

23 section 109 of the Foreign Assistance Act of 1961, of the

24 funds appropriated under this heading in this Act, and

25 of the unobligated balances of funds previously appro-
10

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1 priated under this heading, $2,500,000 shall be trans2 ferred to ‘‘International Organizations and Programs’’ for

3 a contribution to the International Fund for Agricultural

4 Development (IFAD): Provided further, That of the aggre5 gate amount of the funds appropriated by this Act to carry

6 out part I of the Foreign Assistance Act of 1961 and the

7 Support for Eastern European Democracy Act of 1989,

8 $305,000,000 should be made available for agriculture

9 and rural development programs including international

10 agriculture research programs: Provided further, That of

11 the funds appropriated under this heading that are made

12 available for assistance programs for displaced and or13 phaned children and victims of war, not to exceed

14 $25,000, in addition to funds otherwise available for such

15 purposes, may be used to monitor and provide oversight

16 of such programs: Provided further, That of the funds ap17 propriated under this heading not less than $250,000 shall

18 be available for the International Law Institute: Provided

19 further, That of the funds appropriated under this head20 ing, not less than $15,000,000 shall be made available for

21 the American Schools and Hospitals Abroad Program:

22 Provided further, That of the funds appropriated under

23 this heading not less than $500,000 shall be made avail24 able for support of the United States Telecommunications

25 Training Institute: Provided further, That, of the funds
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1 appropriated under this heading and ‘‘New Independent

2 States of the former Soviet Union’’, not less than

3 $7,000,000 shall be made available for Carelift Inter4 national to collect and provide medical supplies, equipment

5 and training: Provided further, That, of the funds appro6 priated by this Act for the Microenterprise Initiative (in7 cluding any local currencies made available for the pur8 poses of the Initiative), not less than one-half shall be

9 made available for programs providing loans of less than

10 $300 to very poor people, particularly women, or for insti11 tutional support of organizations primarily engaged in

12 making such loans: Provided further, That notwith13 standing any other provision of law, of the amounts made

14 available under Title II of this Act, $10,000,000 shall be

15 made available for political, economic, humanitarian, and

16 associated support activities for Iraqi opposition groups

17 designated under the Iraqi Liberation Act (Public Law

18 105–338): Provided further, That not less than 15 days

19 prior to the obligation of these funds, the Secretary shall

20 inform the Committees on Appropriations of the purpose

21 and amount of the proposed obligation of funds under this

22 provision.

23 CYPRUS

24 Of the funds appropriated under the headings ‘‘De25 velopment Assistance’’ and ‘‘Economic Support Fund’’,

26 not less than $15,000,000 shall be made available for Cy-
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1 prus to be used only for scholarships, administrative sup2 port of the scholarship program, bicommunal projects, and

3 measures aimed at reunification of the island and designed

4 to reduce tensions and promote peace and cooperation be5 tween the two communities on Cyprus.

6 BURMA

7 Of the funds appropriated under the heading ‘‘Eco8 nomic Support Fund’’ and ‘‘Development Assistance’’, not

9 less than $6,500,000 shall be made available to support

10 democracy activities in Burma, democracy and humani11 tarian activities along the Burma-Thailand border, and for

12 Burmese student groups and other organizations located

13 outside Burma: Provided, That of the funds made avail14 able under this heading, not less than $800,000 shall be

15 made available for newspapers, media, publications and re16 lated training to promote democracy in and related to

17 Burma: Provided further, That the funds made available

18 under this heading shall be provided subject to consulta19 tion and guidelines provided by the leadership of the Bur20 mese government elected in 1990: Provided further, That

21 funds made available for Burma-related activities under

22 this heading may be made available notwithstanding any

23 other provision of law: Provided further, That the provision

24 of such funds shall be made available subject to the reg25 ular notification procedures of the Committees on Appro26 priations.
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1 CAMBODIA

2 None of the funds appropriated by this Act may be

3 made available for activities or programs for the Central

4 Government of Cambodia until the Secretary of State de5 termines and reports to the Committees on Appropriations

6 that Cambodia has held free and fair elections in which

7 all political candidates were permitted freedom of speech,

8 assembly and equal access to the media, that the Central

9 Election Commission was comprised of representatives

10 from all parties, and that the Government of Cambodia

11 has established an international panel of jurists which is

12 proceeding consistent with international law in the pros13 ecution of Ta Mok, Khieu Sampan, Nuon Chea, Ieng Sary,

14 Ke Pauk, and Kang Khev Leu (Duch): Provided, That the

15 restriction on funds made available under this paragraph

16 shall not apply to demining or other humanitarian pro17 grams.

18 INDONESIA

19 Of the funds appropriated under the headings ‘‘Eco20 nomic Support Fund’’ and ‘‘Development Assistance’’, not

21 less than $70,000,000 shall be made available for assist22 ance for Indonesia.

23 CONSERVATION FUND

24 Of the funds made available under the headings

25 ‘‘Economic Support Fund’’ and ‘‘Development Assist26 ance’’, not less than $500,000 shall be made available for
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1 the Charles Darwin Research Station and the Charles

2 Darwin Foundation to support research, conservation,

3 training and other activities necessary to protect the Prov4 ince of the Galapagos Islands, Ecuador.

5 CONFLICT RESOLUTION

6 Of the funds appropriated under the headings ‘‘De7 velopment Assistance’’, ‘‘Economic Support Fund’’ and

8 ‘‘Assistance for Eastern Europe and the Baltic States’’,

9 $1,000,000 shall be made available to support conflict res10 olution programs involving teenagers of different ethnic,

11 religious, and political backgrounds from the Middle East

12 and other regions of conflict.

13 INTERNATIONAL DISASTER ASSISTANCE

14 For necessary expenses for international disaster re15 lief, rehabilitation, and reconstruction assistance pursuant

16 to section 491 of the Foreign Assistance Act of 1961, as

17 amended, $175,000,000, to remain available until ex18 pended.

19 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

20 ACCOUNT

21 For the cost of direct loans and loan guarantees,

22 $1,500,000, as authorized by section 108 of the Foreign

23 Assistance Act of 1961, as amended: Provided, That such

24 costs shall be as defined in section 502 of the Congres25 sional Budget Act of 1974: Provided further, That section

26 108(i)(2)(C) of the Foreign Assistance Act of 1961 is
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1 amended to read as follows: ‘‘(C) No guarantee of any loan

2 may guarantee more than 50 percent of the principal

3 amount of any such loan, except guarantees of loans in

4 support of microenterprise activites may guarantee up to

5 70 percent of the principal amount of any such loan.’’.

6 In addition, for administrative expenses to carry out pro7 grams under this heading, $500,000, all of which may be

8 transferred to and merged with the appropriation for Op9 erating Expenses of the Agency for International Develop10 ment: Provided further, That funds made available under

11 this heading shall remain available until September 30,

12 2001.

13 URBAN AND ENVIRONMENTAL CREDIT PROGRAM

14 ACCOUNT

15 For the cost, as defined in section 502 of the Con16 gressional Budget Act of 1974, of guaranteed loans au17 thorized by sections 221 and 222 of the Foreign Assist18 ance Act of 1961, $1,500,000, to remain available until

19 expended: Provided, That these funds are available to sub20 sidize loan principal, 100 per centum of which shall be

21 guaranteed, pursuant to the authority of such sections. In

22 addition, for administrative expenses to carry out guaran23 teed loan programs, $4,000,000, all of which may be

24 transferred to and merged with the appropriation for Op25 erating Expenses of the Agency for International Develop26 ment.
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1 PRIVATE AND VOLUNTARY ORGANIZATIONS

2 None of the funds appropriated or otherwise made

3 available by this Act for development assistance may be

4 made available to any United States private and voluntary

5 organization, except any cooperative development organi6 zation, which obtains less than 20 per centum of its total

7 annual funding for international activities from sources

8 other than the United States Government: Provided, That

9 the Administrator of the Agency for International Devel10 opment may, on a case-by-case basis, waive the restriction

11 contained in this paragraph, after taking into account the

12 effectiveness of the overseas development activities of the

13 organization, its level of volunteer support, its financial

14 viability and stability, and the degree of its dependence

15 for its financial support on the agency.

16 Funds appropriated or otherwise made available

17 under title II of this Act should be made available to pri18 vate and voluntary organizations at a level which is at

19 least equivalent to the level provided in fiscal year 1995.

20 Such private and voluntary organizations shall include

21 those which operate on a not-for-profit basis, receive con22 tributions from private sources, receive voluntary support

23 from the public and are deemed to be among the most

24 cost-effective and successful providers of development as25 sistance.
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1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the ‘‘Foreign Service Retirement and

4 Disability Fund’’, as authorized by the Foreign Service

5 Act of 1980, $43,837,000.

6 OPERATING EXPENSES OF THE AGENCY FOR

7 INTERNATIONAL DEVELOPMENT

8 For necessary expenses to carry out the provisions

9 of section 667, $495,000,000, to remain available until

10 September 30, 2001.

11 OPERATING EXPENSES OF THE AGENCY FOR INTER12 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

13 GENERAL

14 For necessary expenses to carry out the provisions

15 of section 667, $25,000,000, to remain available until Sep16 tember 30, 2001, which sum shall be available for the Of17 fice of the Inspector General of the Agency for Inter18 national Development.

19 OTHER BILATERAL ECONOMIC ASSISTANCE

20 ECONOMIC SUPPORT FUND

21 For necessary expenses to carry out the provisions

22 of chapter 4 of part II, $2,195,000,000, to remain avail23 able until September 30, 2001: Provided, That of the

24 funds appropriated under this heading, not less than

25 $960,000,000 shall be available only for Israel, which sum

26 shall be available on a grant basis as a cash transfer and
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1 shall be disbursed within thirty days of enactment of this

2 Act or by October 31, 1999, whichever is later: Provided

3 further, That not less than $735,000,000 shall be available

4 only for Egypt, which sum shall be provided on a grant

5 basis, and of which sum cash transfer assistance shall be

6 provided with the understanding that Egypt will under7 take significant economic reforms which are additional to

8 those which were undertaken in previous fiscal years, and

9 of which not less than $200,000,000 shall be provided as

10 Commodity Import Program assistance: Provided further,

11 That in exercising the authority to provide cash transfer

12 assistance for Israel, the President shall ensure that the

13 level of such assistance does not cause an adverse impact

14 on the total level of nonmilitary exports from the United

15 States to such country: Provided further, That of the funds

16 appropriated under this heading, not less than

17 $150,000,000 shall be made available for assistance for

18 Jordan: Provided further, That notwithstanding any other

19 provision of law, not to exceed $11,000,000 may be used

20 to support victims of and programs related to the Holo21 caust: Provided further, That none of the funds made

22 available under this heading may be made available to the

23 Korean Peninsula Energy Development Organization.
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1 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

2 STATES

3 (a) For necessary expenses to carry out the provisions

4 of the Foreign Assistance Act of 1961 and the Support

5 for East European Democracy (SEED) Act of 1989,

6 $535,000,000, to remain available until September 30,

7 2001, which shall be available, notwithstanding any other

8 provision of law, for assistance and for related programs

9 for Eastern Europe and the Baltic States: Provided, That

10 of the funds appropriated under this heading: not less

11 than $150,000,000 shall be made available for assistance

12 for Kosova of which $20,000,000 shall be available for

13 training and equipping a Kosova security force; not less

14 than $85,000,000 shall be made available for assistance

15 for Albania; not less than $60,000,000 shall be made

16 available for assistance for Romania; not less than

17 $55,000,000 shall be made available for assistance for

18 Macedonia; not less than $45,000,000 shall be made avail19 able for assistance for Bulgaria; not less than $35,000,000

20 shall be available for assistance for Montenegro: Provided

21 further, That of the funds made available under this head22 ing and the headings ‘‘International Narcotics and Law

23 Enforcement’’ and ‘‘Economic Support Fund’’, not to ex24 ceed $130,000,000 shall be made available for Bosnia and

25 Herzegovina.
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1 (b) Funds appropriated under this heading or in prior

2 appropriations Acts that are or have been made available

3 for an Enterprise Fund may be deposited by such Fund

4 in interest-bearing accounts prior to the Fund’s disburse5 ment of such funds for program purposes. The Fund may

6 retain for such program purposes any interest earned on

7 such deposits without returning such interest to the Treas8 ury of the United States and without further appropria9 tion by the Congress. Funds made available for Enterprise

10 Funds shall be expended at the minimum rate necessary

11 to make timely payment for projects and activities.

12 (c) Funds appropriated under this heading shall be

13 considered to be economic assistance under the Foreign

14 Assistance Act of 1961 for purposes of making available

15 the administrative authorities contained in that Act for

16 the use of economic assistance.

17 (d) With regard to funds appropriated or otherwise

18 made available under this heading for the economic revi19 talization program in Bosnia and Herzegovina, and local

20 currencies generated by such funds (including the conver21 sion of funds appropriated under this heading into cur22 rency used by Bosnia and Herzegovina as local currency

23 and local currency returned or repaid under such pro24 gram)—
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1 (1) the Administrator of the Agency for Inter2 national Development shall provide written approval

3 for grants and loans prior to the obligation and ex4 penditure of funds for such purposes, and prior to

5 the use of funds that have been returned or repaid

6 to any lending facility or grantee; and

7 (2) the provisions of section 533 of this Act

8 shall apply.

9 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

10 THE FORMER SOVIET UNION

11 (a) For necessary expenses to carry out the provisions

12 of chapter 11 of part I of the Foreign Assistance Act of

13 1961 and the FREEDOM Support Act, for assistance for

14 the New Independent States of the former Soviet Union

15 and for related programs, $780,000,000, to remain avail16 able until September 30, 2001: Provided, That the provi17 sions of such chapter shall apply to funds appropriated

18 by this paragraph: Provided further, That such sums as

19 may be necessary may be transferred to the Export-Im20 port Bank of the United States for the cost of any financ21 ing under the Export-Import Bank Act of 1945 for activi22 ties for the New Independent States.

23 (b) Of the funds appropriated under this heading, not

24 less than $210,000,000 shall be made available for assist25 ance for Ukraine: Provided, That 50 percent of the

26 amount made available in this subsection, exclusive of
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1 funds made available for nuclear safety, law enforcement

2 reforms or the business incubator program, shall be with3 held from obligation and expenditure until the Secretary

4 of State reports to the Committees on Appropriations that

5 Ukraine has undertaken significant economic reforms ad6 ditional to those achieved in fiscal year 1999: Provided

7 further, That the report in the previous proviso shall be

8 provided 120 days after the date of enactment of this Act:

9 Provided further, That of the funds made available for

10 Ukraine, not less than $25,000,000 shall be made avail11 able for nuclear reactor safety programs: Provided further,

12 That of the funds made available for Ukraine, not less

13 than $5,000,000 shall be made available to support the

14 expansion of the technology business incubator program

15 to include new cities.

16 (c) Of the funds appropriated under this heading, not

17 less than $95,000,000 shall be made available for assist18 ance for Georgia: Provided, That of the funds made avail19 able under this subsection, not less than $8,000,000 shall

20 be made available for judicial reform and law enforcement

21 training.

22 (d) Of the funds appropriated under this heading, not

23 less than $90,000,000 shall be made available for assist24 ance for Armenia.
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1 (e) Funds made available under this Act or any other

2 Act may not be provided for assistance to the Government

3 of Azerbaijan until the President determines, and so re4 ports to the Congress, that the Government of Azerbaijan

5 is taking demonstrable steps to cease all blockades and

6 other offensive uses of force against Armenia and

7 Nagorno-Karabakh: Provided, That the restriction of this

8 subsection and section 907 of the FREEDOM Support

9 Act shall not apply to—

10 (1) activities to support democracy or assist11 ance under title V of the FREEDOM Support Act

12 and section 1424 of the ‘‘National Defense Author13 ization Act for Fiscal Year 1997’’;

14 (2) any insurance, reinsurance, guarantee, or

15 other assistance provided by the Overseas Private

16 Investment Corporation under title IV of chapter 2

17 of part I of the Foreign Assistance Act of 1961 (22

18 U.S.C. 2191 et seq.);

19 (3) any assistance provided by the Trade and

20 Development Agency under section 661 of the For21 eign Assistance Act of 1961 (22 U.S.C. 2421);

22 (4) any financing provided under the Export23 Import Bank Act of 1945 (12 U.S.C. 635 et seq.);
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1 (5) any activity carried out by a member of the

2 Foreign Commercial Service while acting within his

3 or her official capacity; or

4 (6) humanitarian assistance.

5 (f) Of the funds made available under this heading

6 for nuclear safety activities, not to exceed 9 percent of

7 the funds provided for any single project may be used to

8 pay for management costs incurred by a United States

9 national lab in administering said project.

10 (g) Of the funds appropriated under title II of this

11 Act, including funds appropriated under this heading, not

12 less than $12,000,000 shall be made available for assist13 ance for Mongolia: Provided, That funds made available

14 for assistance for Mongolia may be made available in ac15 cordance with the purposes and utilizing the authorities

16 provided in chapter 11 of part I of the Foreign Assistance

17 Act of 1961.

18 (h) None of the funds appropriated under this head19 ing may be made available for Russia unless the President

20 determines and certifies in writing to the Committees on

21 Appropriations that the Government of Russia has termi22 nated implementation of arrangements to provide Iran

23 with technical expertise, training, technology, or equip24 ment necessary to develop a nuclear reactor, related nu-
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1 clear research facilities or programs, or ballistic missile ca2 pability.

3 (i) None of the funds appropriated under this heading

4 may be made available for the Government of Russia, until

5 the Secretary of State certifies to the Committees on Ap6 propriations that: (1) Russian armed and peacekeeping

7 forces deployed in Kosova have not established a separate

8 zone of operational control; and (2) any Russian armed

9 and peacekeeping forces deployed in Kosova are fully inte10 grated under NATO unified command and control ar11 rangements.

12 INDEPENDENT AGENCY

13 PEACE CORPS

14 For necessary expenses to carry out the provisions

15 of the Peace Corps Act (75 Stat. 612), $220,000,000, in16 cluding the purchase of not to exceed five passenger motor

17 vehicles for administrative purposes for use outside of the

18 United States: Provided, That none of the funds appro19 priated under this heading shall be used to pay for abor20 tions: Provided further, That funds appropriated under

21 this heading shall remain available until September 30,

22 2001.
26

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1 DEPARTMENT OF STATE

2 INTERNATIONAL NARCOTICS CONTROL AND LAW

3 ENFORCEMENT

4 For necessary expenses to carry out section 481 of

5 the Foreign Assistance Act of 1961, $215,000,000: Pro6 vided, That of this amount not less than $10,000,000 shall

7 be made available for Law Enforcement Training and De8 mand Reduction: Provided further, That of the funds made

9 available under this heading, in addition to any funds pre10 viously appropriated for the International Law Enforce11 ment Academy for the Western Hemisphere, not less than

12 $5,000,000 shall be made available to establish and oper13 ate the International Law Enforcement Academy for the

14 Western Hemisphere at the deBremmond Training Center

15 in Roswell, New Mexico.

16 MIGRATION AND REFUGEE ASSISTANCE

17 For expenses, not otherwise provided for, necessary

18 to enable the Secretary of State to provide, as authorized

19 by law, a contribution to the International Committee of

20 the Red Cross, assistance to refugees, including contribu21 tions to the International Organization for Migration and

22 the United Nations High Commissioner for Refugees, and

23 other activities to meet refugee and migration needs; sala24 ries and expenses of personnel and dependents as author25 ized by the Foreign Service Act of 1980; allowances as

26 authorized by sections 5921 through 5925 of title 5,
27

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1 United States Code; purchase and hire of passenger motor

2 vehicles; and services as authorized by section 3109 of title

3 5, United States Code, $610,000,000: Provided, That not

4 more than $13,500,000 shall be available for administra5 tive expenses: Provided further, That not less than

6 $60,000,000 shall be made available for refugees from the

7 former Soviet Union and Eastern Europe and other refu8 gees resettling in Israel.

9 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

10 ASSISTANCE FUND

11 For necessary expenses to carry out the provisions

12 of section 2(c) of the Migration and Refugee Assistance

13 Act of 1962, as amended (22 U.S.C. 260(c)),

14 $20,000,000, to remain available until expended: Pro15 vided, That the funds made available under this heading

16 are appropriated notwithstanding the provisions contained

17 in section 2(c)(2) of the Act which would limit the amount

18 of funds which could be appropriated for this purpose.

19 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

20 RELATED PROGRAMS

21 For necessary expenses for nonproliferation, anti-ter22 rorism and related programs and activities, $175,000,000,

23 to carry out the provisions of chapter 8 of part II of the

24 Foreign Assistance Act of 1961 for anti-terrorism assist25 ance, section 504 of the FREEDOM Support Act for the

26 Nonproliferation and Disarmament Fund, section 23 of
28

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1 the Arms Export Control Act or the Foreign Assistance

2 Act of 1961 for demining activities, clearance of

3 unexploded ordnance, and related activities notwith4 standing any other provision of law, including activities

5 implemented through nongovernmental and international

6 organizations, section 301 of the Foreign Assistance Act

7 of 1961 for a voluntary contribution to the International

8 Atomic Energy Agency (IAEA) and a voluntary contribu9 tion to the Korean Peninsula Energy Development Orga10 nization (KEDO): Provided, That of this amount not to

11 exceed $15,000,000, to remain available until expended,

12 may be made available for the Nonproliferation and Disar13 mament Fund, notwithstanding any other provision of

14 law, to promote bilateral and multilateral activities relat15 ing to nonproliferation and disarmament: Provided further,

16 That such funds may also be used for countries other than

17 the New Independent States of the former Soviet Union

18 and international organizations when it is in the national

19 security interest of the United States to do so: Provided

20 further, That such funds shall be subject to the regular

21 notification procedures of the Committees on Appropria22 tions: Provided further, That of the funds appropriated

23 under this heading, $35,000,000 should be made available

24 for demining, clearance of unexploded ordnance, and re25 lated activities: Provided further, That of the funds made
29

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1 available for demining and related activities, not to exceed

2 $500,000, in addition to funds otherwise available for such

3 purposes, may be used for administrative expenses related

4 to the operation and management of the demining pro5 gram: Provided further, That of the funds appropriated

6 under this heading up to $40,000,000 may be made avail7 able for the International Atomic Energy Agency only if

8 the Secretary of State determines (and so reports to the

9 Congress) that Israel is not being denied its right to par10 ticipate in the activities of that Agency: Provided further,

11 That notwithstanding any other provision of law, not to

12 exceed $40,000,000 may be made available to the Korean

13 Peninsula Energy Development Organization only for the

14 administrative expenses and heavy fuel oil costs associated

15 with the Agreed Framework: Provided further, That such

16 funds may be obligated to KEDO only if, thirty days prior

17 to such obligation of funds, the President certifies and so

18 reports to Congress that: (1)(A) the parties to the Agreed

19 Framework are taking steps to assure that progress is

20 made on the implementation of the January 1, 1992, Joint

21 Declaration on the Denuclearization of the Korean Penin22 sula and the implementation of the North-South dialogue,

23 and (B) North Korea is complying with all provisions of

24 the Agreed Framework between North Korea and the

25 United States and with the Confidential Minute; (2) North
30

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1 Korea is cooperating fully in the canning and safe storage

2 of all spent fuel from its graphite-moderated nuclear reac3 tors; (3) North Korea has not significantly diverted assist4 ance provided by the United States for purposes for which

5 it was not intended; (4) North Korea is not actively pur6 suing the acquisition or development of a nuclear capa7 bility (other than the light-water reactors provided for by

8 the 1994 Agreed Framework Between the United States

9 and North Korea); and (5) North Korea is not providing

10 ballistic missiles or ballistic missile technology to a country

11 the government of which the Secretary of State has deter12 mined is a terrorist government for the purposes of section

13 40(d) of the Arms Export Control Act or any other com14 parable provision of law: Provided further, That the Presi15 dent may waive the certification requirements of the pre16 ceding proviso if the President determines that it is vital

17 to the national security interests of the United States:

18 Provided further, That no funds may be obligated for

19 KEDO until 30 days after submission to Congress of the

20 waiver permitted under the preceding proviso: Provided

21 further, That the obligation of any funds for KEDO shall

22 be subject to the regular notification procedures of the

23 Committees on Appropriations: Provided further, That the

24 Secretary of State shall submit to the appropriate congres25 sional committees an annual report (to be submitted with
31

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1 the annual presentation for appropriations) providing a

2 full and detailed accounting of the fiscal year request for

3 the United States contribution to KEDO, the expected op4 erating budget of the Korean Peninsula Energy Develop5 ment Organization, to include unpaid debt, proposed an6 nual costs associated with heavy fuel oil purchases, and

7 the amount of funds pledged by other donor nations and

8 organizations to support KEDO activities on a per country

9 basis, and other related activities: Provided further, That

10 the Director of Central Intelligence will provide for review

11 and consideration by the House Permanent Select Com12 mittee on Intelligence, House International Relations

13 Committee, House National Security Committee, Senate

14 Appropriations Committee, Senate Select Committee on

15 Intelligence, Senate Foreign Relations Committee and

16 Senate Armed Services Committee all relevant intelligence

17 bearing on North Korea’s compliance with the provisions

18 of this proviso: Provided further, That such provision shall

19 occur not less than 45 days prior to the President’s certifi20 cation as provided for under this heading: Provided fur21 ther, That for the purposes of this heading, the term intel22 ligence includes National Intelligence Estimates, Intel23 ligence Memoranda, Findings and other intelligence re24 ports based on multiple sources or including the assess-
32

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1 ment of more than one member of the Intelligence Com2 munity.

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For necessary expenses to carry out section 129 of

6 the Foreign Assistance Act of 1961, relating to the De7 partment of the Treasury technical assistance program,

8 $1,500,000, to remain available until expended, which

9 shall be available notwithstanding any other provision of

10 law.

11 DEBT RESTRUCTURING

12 For the cost, as defined in section 502 of the Con13 gressional Budget Act of 1974, of modifying direct loans

14 and loan guarantees, as the President may determine, for

15 which funds have been appropriated or otherwise made

16 available for programs within the International Affairs

17 Budget Function 150, including the cost of selling, reduc18 ing, or canceling amounts, through debt buybacks and

19 swaps, owed to the United States as a result of

20 concessional loans made to eligible Latin American and

21 Caribbean countries, pursuant to part IV of the Foreign

22 Assistance Act of 1961, and of modifying concessional

23 credit agreements with least developed countries, as au24 thorized under section 411 of the Agriculture Trade and

25 Assistance Act of 1954 as amended notwithstanding dur26 ing fiscal years 1999 and 2000 any limitation of sub-
33

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1 section (e) of that section to the extent that such limita2 tions applies to sub-Saharan African countries; and

3 concessional loans, guarantees and credit agreements with

4 any country in sub-Saharan Africa, as authorized under

5 section 572 of the Foreign Operations, Export Financing

6 and Related Programs Act, 1989 (Public Law 100–461);

7 $43,000,000, to remain available until expended.

8 TITLE III—MILITARY ASSISTANCE

9 FUNDS APPROPRIATED TO THE PRESIDENT

10 INTERNATIONAL MILITARY EDUCATION AND TRAINING

11 For necessary expenses to carry out the provisions

12 of section 541 of the Foreign Assistance Act of 1961,

13 $50,000,000: Provided, That the civilian personnel for

14 whom military education and training may be provided

15 under this heading may include civilians who are not mem16 bers of a government whose participation would contribute

17 to improved civil-military relations, civilian control of the

18 military, or respect for human rights: Provided further,

19 That funds appropriated under this heading for grant fi20 nanced military education and training for Guatemala

21 may only be available for expanded international military

22 education and training.

23 FOREIGN MILITARY FINANCING PROGRAM

24 For expenses necessary for grants to enable the

25 President to carry out the provisions of section 23 of the

26 Arms Export Control Act, $3,410,000,000: Provided, That
34

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1 of the funds appropriated under this heading, not less

2 than $1,920,000,000 shall be available for grants only for

3 Israel, and not less than $1,300,000,000 shall be made

4 available for grants only for Egypt: Provided further, That

5 the funds appropriated by this paragraph for Israel shall

6 be disbursed within thirty days of enactment of this Act

7 or by October 31, 1999, whichever is later: Provided fur8 ther, That to the extent that the Government of Israel re9 quests that funds be used for such purposes, grants made

10 available for Israel by this paragraph shall, as agreed by

11 Israel and the United States, be available for advanced

12 weapons systems, of which not less than 26.5 percent shall

13 be available for the procurement in Israel of defense arti14 cles and defense services, including research and develop15 ment: Provided further, That of the funds appropriated by

16 this paragraph, not less than $75,000,000 shall be avail17 able for assistance for Jordan: Provided further, That of

18 the funds appropriated by this paragraph, not less than

19 $10,000,000 shall be made available for assistance for Tu20 nisia: Provided further, That during fiscal year 2000, the

21 President is authorized to, and shall, direct the draw22 downs of defense articles from the stocks of the Depart23 ment of Defense, defense services of the Department of

24 Defense, and military education and training of an aggre25 gate value of not less than $6,000,000 under the authority
35

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1 of this proviso for Tunisia for the purposes of part II of

2 the Foreign Assistance Act of 1961: Provided further,

3 That funds appropriated by this paragraph shall be non4 repayable notwithstanding any requirement in section 23

5 of the Arms Export Control Act: Provided further, That

6 funds made available under this paragraph shall be obli7 gated upon apportionment in accordance with paragraph

8 (5)(C) of title 31, United States Code, section 1501(a).

9 None of the funds made available under this heading

10 shall be available to finance the procurement of defense

11 articles, defense services, or design and construction serv12 ices that are not sold by the United States Government

13 under the Arms Export Control Act unless the foreign

14 country proposing to make such procurements has first

15 signed an agreement with the United States Government

16 specifying the conditions under which such procurements

17 may be financed with such funds: Provided, That all coun18 try and funding level increases in allocations shall be sub19 mitted through the regular notification procedures of sec20 tion 515 of this Act: Provided further, That none of the

21 funds appropriated under this heading shall be available

22 for assistance for Sudan and Liberia: Provided further,

23 That funds made available under this heading may be

24 used, notwithstanding any other provision of law, for

25 demining, the clearance of unexploded ordnance, and re-
36

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1 lated activities, and may include activities implemented

2 through nongovernmental and international organizations:

3 Provided further, That none of the funds under this head4 ing shall be available for assistance for Guatemala: Pro5 vided further, That only those countries for which assist6 ance was justified for the ‘‘Foreign Military Sales Financ7 ing Program’’ in the fiscal year 1989 congressional pres8 entation for security assistance programs may utilize

9 funds made available under this heading for procurement

10 of defense articles, defense services or design and con11 struction services that are not sold by the United States

12 Government under the Arms Export Control Act: Provided

13 further, That, subject to the regular notification proce14 dures of the Committees on Appropriations, funds made

15 available under this heading for the cost of direct loans

16 may also be used to supplement the funds available under

17 this heading for grants, and funds made available under

18 this heading for grants may also be used to supplement

19 the funds available under this heading for the cost of di20 rect loans: Provided further, That funds appropriated

21 under this heading shall be expended at the minimum rate

22 necessary to make timely payment for defense articles and

23 services: Provided further, That not more than

24 $30,000,000 of the funds appropriated under this heading

25 may be obligated for necessary expenses, including the
37

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1 purchase of passenger motor vehicles for replacement only

2 for use outside of the United States, for the general costs

3 of administering military assistance and sales: Provided

4 further, That not more than $330,000,000 of funds real5 ized pursuant to section 21(e)(1)(A) of the Arms Export

6 Control Act may be obligated for expenses incurred by the

7 Department of Defense during fiscal year 2000 pursuant

8 to section 43(b) of the Arms Export Control Act, except

9 that this limitation may be exceeded only through the reg10 ular notification procedures of the Committees on Appro11 priations.

12 PEACEKEEPING OPERATIONS

13 For necessary expenses to carry out the provisions

14 of section 551 of the Foreign Assistance Act of 1961,

15 $80,000,000: Provided, That none of the funds appro16 priated under this heading shall be obligated or expended

17 except as provided through the regular notification proce18 dures of the Committees on Appropriations.
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1 TITLE IV—MULTILATERAL ECONOMIC

2 ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 THE INTERNATIONAL BANK FOR RECONSTRUCTION AND

6 DEVELOPMENT

7 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

8 ASSOCIATION

9 For payment to the International Development Asso10 ciation by the Secretary of the Treasury, $785,000,000,

11 to remain available until expended.

12 CONTRIBUTION TO THE GLOBAL ENVIRONMENT FACILITY

13 For payment to the International Bank for Recon14 struction and Development by the Secretary of the Treas15 ury, for the United States contribution to the Global Envi16 ronment Facility, $25,000,000 to remain available until

17 expended, for contributions previously due.

18 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

19 GUARANTEE AGENCY

20 For payment to the Multilateral Investment Guar21 antee Agency by the Secretary of the Treasury,

22 $10,000,000 for the United States paid-in share of the

23 increase in capital stock, to remain available until ex24 pended.
39

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1 LIMITATION ON CALLABLE CAPITAL

2 The United States Governor of the Multilateral In3 vestment Guarantee Agency may subscribe without fiscal

4 year limitation for the callable capital portion of the

5 United States share of such capital stock in an amount

6 not to exceed $50,000,000.

7 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

8 BANK

9 For payment to the Inter-American Development

10 Bank by the Secretary of the Treasury, for the United

11 States share of the paid-in share portion of the increase

12 in capital stock, $25,610,667.

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the Inter-American

15 Development Bank may subscribe without fiscal year limi16 tation to the callable capital portion of the United States

17 share of such capital stock in an amount not to exceed

18 $1,503,718,910.

19 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

20 For payment to the Asian Development Bank by the

21 Secretary of the Treasury for the United States share of

22 the paid-in portion of the increase in capital stock,

23 $13,728,263, to remain available until expended.

24 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

25 The United States Governor of the Asian Develop26 ment Bank may subscribe without fiscal year limitation
40

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1 to the callable capital portion of the United States share

2 of such capital stock in an amount not to exceed

3 $672,745,205.

4 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

5 For the United States contribution by the Secretary

6 of the Treasury to the increase in resources of the Asian

7 Development Fund, as authorized by the Asia Develop8 ment Bank Act, as amended, $50,000,000, to remain

9 available until expended, for contributions previously due.

10 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

11 For payment to the African Development Bank by

12 the Secretary of the Treasury, $5,100,000 for the United

13 States paid in share of the increase in capital stock, to

14 remain available until expended.

15 CONTRIBUTION TO THE EUROPEAN BANK FOR

16 RECONSTRUCTION AND DEVELOPMENT

17 For payment to the European Bank for Reconstruc18 tion and Development by the Secretary of the Treasury,

19 $35,778,717, for the United States share of the paid-in

20 portion of the increase in capital stock, to remain available

21 until expended.

22 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

23 The United States Governor of the European Bank

24 for Reconstruction and Development may subscribe with25 out fiscal year limitation to the callable capital portion of
41

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1 the United States share of such capital stock in an amount

2 not to exceed $123,237,803.

3 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

4 For necessary expenses to carry out the provisions

5 of section 301 of the Foreign Assistance Act of 1961, and

6 of section 2 of the United Nations Environment Program

7 Participation Act of 1973, $170,000,000: Provided, That

8 none of the funds appropriated under this heading shall

9 be made available for the United Nations Fund for

10 Science and Technology: Provided further, That of the

11 funds appropriated under this heading, not less than

12 $25,000,000 shall be made available for the United Na13 tions Fund for Population Activities (UNFPA): Provided

14 further, That none of the funds appropriated under this

15 heading that are made available to UNFPA shall be made

16 available for activities in the People’s Republic of China:

17 Provided further, That with respect to any funds appro18 priated under this heading that are made available to

19 UNFPA, UNFPA shall be required to maintain such

20 funds in a separate account and not commingle them with

21 any other funds: Provided further, That not less than

22 $5,000,000 shall be made available to the World Food

23 Program: Provided further, That none of the funds appro24 priated under this heading may be made available to the

25 Korean Peninsula Energy Development Organization
42

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1 (KEDO) or the International Atomic Energy Agency

2 (IAEA).

3 TITLE V—GENERAL PROVISIONS

4 OBLIGATIONS OF FUNDS

5 SEC. 501. Except for the appropriations entitled

6 ‘‘International Disaster Assistance’’, and ‘‘United States

7 Emergency Refugee and Migration Assistance Fund’’, not

8 more than 15 percent of any appropriation item made

9 available by this Act shall be obligated during the last

10 month of availability.

11 PROHIBITION OF BILATERAL FUNDING FOR

12 INTERNATIONAL FINANCIAL INSTITUTIONS

13 SEC. 502. Notwithstanding section 614 of the For14 eign Assistance Act of 1961, none of the funds contained

15 in title II of this Act may be used to carry out the provi16 sions of section 209(d) of the Foreign Assistance Act of

17 1961.

18 LIMITATION ON RESIDENCE EXPENSES

19 SEC. 503. Of the funds appropriated or made avail20 able pursuant to this Act, not to exceed $126,500 shall

21 be for official residence expenses of the Agency for Inter22 national Development during the current fiscal year: Pro23 vided, That appropriate steps shall be taken to assure

24 that, to the maximum extent possible, United States25 owned foreign currencies are utilized in lieu of dollars.
43

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1 LIMITATION ON EXPENSES

2 SEC. 504. Of the funds appropriated or made avail3 able pursuant to this Act, not to exceed $5,000 shall be

4 for entertainment expenses of the Agency for International

5 Development during the current fiscal year.

6 LIMITATION ON REPRESENTATIONAL ALLOWANCES

7 SEC. 505. Of the funds appropriated or made avail8 able pursuant to this Act, not to exceed $95,000 shall be

9 available for representation allowances for the Agency for

10 International Development during the current fiscal year:

11 Provided, That appropriate steps shall be taken to assure

12 that, to the maximum extent possible, United States13 owned foreign currencies are utilized in lieu of dollars:

14 Provided further, That of the funds made available by this

15 Act for general costs of administering military assistance

16 and sales under the heading ‘‘Foreign Military Financing

17 Program’’, not to exceed $2,000 shall be available for en18 tertainment expenses and not to exceed $50,000 shall be

19 available for representation allowances: Provided further,

20 That of the funds made available by this Act under the

21 heading ‘‘International Military Education and Training’’,

22 not to exceed $50,000 shall be available for entertainment

23 allowances: Provided further, That of the funds made

24 available by this Act for the Inter-American Foundation,

25 not to exceed $2,000 shall be available for entertainment

26 and representation allowances: Provided further, That of
44

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1 the funds made available by this Act for the Peace Corps,

2 not to exceed a total of $4,000 shall be available for enter3 tainment expenses: Provided further, That of the funds

4 made available by this Act under the heading ‘‘Trade and

5 Development Agency’’, not to exceed $2,000 shall be avail6 able for representation and entertainment allowances.

7 PROHIBITION ON FINANCING NUCLEAR GOODS

8 SEC. 506. None of the funds appropriated or made

9 available (other than funds for ‘‘Nonproliferation,

10 Antiterrorism, Demining and Related Programs’’) pursu11 ant to this Act, for carrying out the Foreign Assistance

12 Act of 1961, may be used, except for purposes of nuclear

13 safety, to finance the export of nuclear equipment, fuel,

14 or technology.

15 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

16 COUNTRIES

17 SEC. 507. None of the funds appropriated or other18 wise made available pursuant to this Act shall be obligated

19 or expended to finance directly any assistance or repara20 tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or

21 Syria: Provided, That for purposes of this section, the pro22 hibition on obligations or expenditures shall include direct

23 loans, credits, insurance and guarantees of the Export-Im24 port Bank or its agents.
45

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1 MILITARY COUPS

2 SEC. 508. None of the funds appropriated or other3 wise made available pursuant to this Act shall be obligated

4 or expended to finance directly any assistance to any coun5 try whose duly elected Head of Government is deposed by

6 military coup or decree: Provided, That assistance may be

7 resumed to such country if the President determines and

8 reports to the Committees on Appropriations that subse9 quent to the termination of assistance a democratically

10 elected government has taken office.

11 TRANSFERS BETWEEN ACCOUNTS

12 SEC. 509. None of the funds made available by this

13 Act may be obligated under an appropriation account to

14 which they were not appropriated, except for transfers

15 specifically provided for in this Act, unless the President,

16 prior to the exercise of any authority contained in the For17 eign Assistance Act of 1961 to transfer funds, consults

18 with and provides a written policy justification to the

19 Committees on Appropriations of the House of Represent20 atives and the Senate: Provided, That the exercise of such

21 authority shall be subject to the regular notification proce22 dures of the Committees on Appropriations.

23 DEOBLIGATION/REOBLIGATION AUTHORITY

24 SEC. 510. (a) Amounts certified pursuant to section

25 1311 of the Supplemental Appropriations Act, 1955, as

26 having been obligated against appropriations heretofore
46

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1 made under the authority of the Foreign Assistance Act

2 of 1961 for the same general purpose as any of the head3 ings under title II of this Act are, if deobligated, hereby

4 continued available for the same period as the respective

5 appropriations under such headings or until September

6 30, 2000, whichever is later, and for the same general pur7 pose, and for countries within the same region as origi8 nally obligated: Provided, That the Appropriations Com9 mittees of both Houses of the Congress are notified fifteen

10 days in advance of the reobligation of such funds in ac11 cordance with regular notification procedures of the Com12 mittees on Appropriations.

13 (b) Obligated balances of funds appropriated to carry

14 out section 23 of the Arms Export Control Act as of the

15 end of the fiscal year immediately preceding the current

16 fiscal year are, if deobligated, hereby continued available

17 during the current fiscal year for the same purpose under

18 any authority applicable to such appropriations under this

19 Act: Provided, That the authority of this subsection may

20 not be used in fiscal year 2000.

21 AVAILABILITY OF FUNDS

22 SEC. 511. No part of any appropriation contained in

23 this Act shall remain available for obligation after the ex24 piration of the current fiscal year unless expressly so pro25 vided in this Act: Provided, That funds appropriated for

26 the purposes of chapters 1, 8, and 11 of part I, section
47

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1 667, and chapter 4 of part II of the Foreign Assistance

2 Act of 1961, as amended, and funds provided under the

3 heading ‘‘Assistance for Eastern Europe and the Baltic

4 States’’, shall remain available until expended if such

5 funds are initially obligated before the expiration of their

6 respective periods of availability contained in this Act:

7 Provided further, That, notwithstanding any other provi8 sion of this Act, any funds made available for the purposes

9 of chapter 1 of part I and chapter 4 of part II of the

10 Foreign Assistance Act of 1961 which are allocated or ob11 ligated for cash disbursements in order to address balance

12 of payments or economic policy reform objectives, shall re13 main available until expended: Provided further, That the

14 report required by section 653(a) of the Foreign Assist15 ance Act of 1961 shall designate for each country, to the

16 extent known at the time of submission of such report,

17 those funds allocated for cash disbursement for balance

18 of payment and economic policy reform purposes.

19 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

20 SEC. 512. No part of any appropriation contained in

21 this Act shall be used to furnish assistance to any country

22 which is in default during a period in excess of one cal23 endar year in payment to the United States of principal

24 or interest on any loan made to such country by the

25 United States pursuant to a program for which funds are

26 appropriated under this Act: Provided, That this section
48

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1 and section 620(q) of the Foreign Assistance Act of 1961

2 shall not apply to funds made available for any narcotics3 related assistance for Colombia, Bolivia, and Peru author4 ized by the Foreign Assistance Act of 1961 or the Arms

5 Export Control Act.

6 COMMERCE AND TRADE

7 SEC. 513. (a) None of the funds appropriated or

8 made available pursuant to this Act for direct assistance

9 and none of the funds otherwise made available pursuant

10 to this Act to the Export-Import Bank and the Overseas

11 Private Investment Corporation shall be obligated or ex12 pended to finance any loan, any assistance or any other

13 financial commitments for establishing or expanding pro14 duction of any commodity for export by any country other

15 than the United States, if the commodity is likely to be

16 in surplus on world markets at the time the resulting pro17 ductive capacity is expected to become operative and if the

18 assistance will cause substantial injury to United States

19 producers of the same, similar, or competing commodity:

20 Provided, That such prohibition shall not apply to the Ex21 port-Import Bank if in the judgment of its Board of Direc22 tors the benefits to industry and employment in the

23 United States are likely to outweigh the injury to United

24 States producers of the same, similar or competing com25 modity, and the Chairman of the Board so notifies the

26 Committees on Appropriations.
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1 (b) None of the funds appropriated by this or any

2 other Act to carry out chapter 1 of part I of the Foreign

3 Assistance Act of 1961 shall be available for any testing

4 or breeding feasibility study, variety improvement or intro5 duction, consultancy, publication, conference, or training

6 in connection with the growth or production in a foreign

7 country of an agricultural commodity for export which

8 would compete with a similar commodity grown or pro9 duced in the United States: Provided, That this subsection

10 shall not prohibit—

11 (1) activities designed to increase food security

12 in developing countries where such activities will not

13 have a significant impact in the export of agricul14 tural commodities of the United States; or

15 (2) research activities intended primarily to

16 benefit American producers.

17 SURPLUS COMMODITIES

18 SEC. 514. The Secretary of the Treasury shall in19 struct the United States Executive Directors of the Inter20 national Bank for Reconstruction and Development, the

21 International Development Association, the International

22 Finance Corporation, the Inter-American Development

23 Bank, the International Monetary Fund, the Asian Devel24 opment Bank, the Inter-American Investment Corpora25 tion, the North American Development Bank, the Euro26 pean Bank for Reconstruction and Development, the Afri-
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1 can Development Bank, and the African Development

2 Fund to use the voice and vote of the United States to

3 oppose any assistance by these institutions, using funds

4 appropriated or made available pursuant to this Act, for

5 the production or extraction of any commodity or mineral

6 for export, if it is in surplus on world markets and if the

7 assistance will cause substantial injury to United States

8 producers of the same, similar, or competing commodity.

9 NOTIFICATION REQUIREMENTS

10 SEC. 515. For the purpose of providing the Executive

11 Branch with the necessary administrative flexibility, none

12 of the funds made available under this Act for ‘‘Develop13 ment Assistance’’, ‘‘Debt restructuring’’, ‘‘International

14 organizations and programs’’, ‘‘Trade and Development

15 Agency’’, ‘‘International narcotics control and law enforce16 ment’’, ‘‘Assistance for Eastern Europe and the Baltic

17 States’’, ‘‘Assistance for the New Independent States of

18 the Former Soviet Union’’, ‘‘Economic Support Fund’’,

19 ‘‘Peacekeeping operations’’, ‘‘Operating expenses of the

20 Agency for International Development’’, ‘‘Operating ex21 penses of the Agency for International Development Office

22 of Inspector General’’, ‘‘Nonproliferation, anti-terrorism,

23 demining and related programs’’, ‘‘Foreign Military Fi24 nancing Program’’, ‘‘International military education and

25 training’’, the Inter-American Foundation, the African

26 Development Foundation, ‘‘Peace Corps’’, ‘‘Migration and
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1 refugee assistance’’, shall be available for obligation for

2 activities, programs, projects, type of materiel assistance,

3 countries, or other operations not justified or in excess of

4 the amount justified to the Appropriations Committees for

5 obligation under any of these specific headings unless the

6 Appropriations Committees of both Houses of Congress

7 are previously notified fifteen days in advance: Provided,

8 That the President shall not enter into any commitment

9 of funds appropriated for the purposes of section 23 of

10 the Arms Export Control Act for the provision of major

11 defense equipment, other than conventional ammunition,

12 or other major defense items defined to be aircraft, ships,

13 missiles, or combat vehicles, not previously justified to

14 Congress or 20 per centum in excess of the quantities jus15 tified to Congress unless the Committees on Appropria16 tions are notified fifteen days in advance of such commit17 ment: Provided further, That this section shall not apply

18 to any reprogramming for an activity, program, or project

19 under chapter 1 of part I of the Foreign Assistance Act

20 of 1961 of less than 10 per centum of the amount pre21 viously justified to the Congress for obligation for such

22 activity, program, or project for the current fiscal year:

23 Provided further, That the requirements of this section or

24 any similar provision of this Act or any other Act, includ25 ing any prior Act requiring notification in accordance with
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1 the regular notification procedures of the Committees on

2 Appropriations, may be waived if failure to do so would

3 pose a substantial risk to human health or welfare: Pro4 vided further, That in case of any such waiver, notification

5 to the Congress, or the appropriate congressional commit6 tees, shall be provided as early as practicable, but in no

7 event later than three days after taking the action to

8 which such notification requirement was applicable, in the

9 context of the circumstances necessitating such waiver:

10 Provided further, That any notification provided pursuant

11 to such a waiver shall contain an explanation of the emer12 gency circumstances.

13 Drawdowns made pursuant to section 506(a)(2) of

14 the Foreign Assistance Act of 1961 shall be subject to the

15 regular notification procedures of the Committees on Ap16 propriations.

17 LIMITATION ON AVAILABILITY OF FUNDS FOR

18 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

19 SEC. 516. Subject to the regular notification proce20 dures of the Committees on Appropriations, funds appro21 priated under this Act or any previously enacted Act mak22 ing appropriations for foreign operations, export financ23 ing, and related programs, which are returned or not made

24 available for organizations and programs because of the

25 implementation of section 307(a) of the Foreign Assist-
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1 ance Act of 1961, shall remain available for obligation

2 until September 30, 2001.

3 STINGERS IN THE PERSIAN GULF REGION

4 SEC. 517. Except as provided in section 581 of the

5 Foreign Operations, Export Financing, and Related Pro6 grams Appropriations Act, 1990, the United States may

7 not sell or otherwise make available any Stingers to any

8 country bordering the Persian Gulf under the Arms Ex9 port Control Act or chapter 2 of Part II of the Foreign

10 Assistance Act of 1961.

11 PROHIBITION ON FUNDING FOR ABORTIONS AND

12 INVOLUNTARY STERILIZATION

13 SEC. 518. None of the funds made available to carry

14 out part I of the Foreign Assistance Act of 1961, as

15 amended, may be used to pay for the performance of abor16 tions as a method of family planning or to motivate or

17 coerce any person to practice abortions. None of the funds

18 made available to carry out part I of the Foreign Assist19 ance Act of 1961, as amended, may be used to pay for

20 the performance of involuntary sterilization as a method

21 of family planning or to coerce or provide any financial

22 incentive to any person to undergo sterilizations. None of

23 the funds made available to carry out part I of the Foreign

24 Assistance Act of 1961, as amended, may be used to pay

25 for any biomedical research which relates in whole or in

26 part, to methods of, or the performance of, abortions or
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1 involuntary sterilization as a means of family planning.

2 None of the funds made available to carry out part I of

3 the Foreign Assistance Act of 1961, as amended, may be

4 obligated or expended for any country or organization if

5 the President certifies that the use of these funds by any

6 such country or organization would violate any of the

7 above provisions related to abortions and involuntary steri8 lizations: Provided, That none of the funds made available

9 under this Act may be used to lobby for or against abor10 tion.

11 FUNDING FOR FAMILY PLANNING

12 SEC. 519. In determining eligibility for assistance

13 from funds appropriated to carry out section 104 of the

14 Foreign Assistance Act of 1961, non-governmental and

15 multilateral organizations shall not be subjected to re16 quirements more restrictive than the requirements appli17 cable to foreign governments for such assistance.

18 EL SALVADOR REPORT

19 SEC. 520. Not later than 45 days after the date of

20 enactment of this Act, the Attorney General shall provide

21 a report to the Committees on Appropriations describing

22 in detail the circumstances under which individuals in23 volved in the December 2, 1980 murders or cover-up of

24 the murders of four American churchwomen in El Sal25 vador obtained residence in the United States.
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1 SPECIAL NOTIFICATION REQUIREMENTS

2 SEC. 521. None of the funds appropriated in this Act

3 shall be obligated or expended for Colombia, India, Haiti,

4 Liberia, Pakistan, Serbia, Sudan, or the Democratic Re5 public of Congo except as provided through the regular

6 notification procedures of the Committee on Appropria7 tions.

8 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

9 SEC. 522. For the purpose of this Act, ‘‘program,

10 project, and activity’’ shall be defined at the Appropria11 tions Act account level and shall include all Appropriations

12 and Authorizations Acts earmarks, ceilings, and limita13 tions with the exception that for the following accounts:

14 Economic Support Fund and Foreign Military Financing

15 Program, ‘‘program, project, and activity’’ shall also be

16 considered to include country, regional, and central pro17 gram level funding within each such account; for the devel18 opment assistance accounts of the Agency for Inter19 national Development ‘‘program, project, and activity’’

20 shall also be considered to include central program level

21 funding, either as (1) justified to the Congress, or (2) allo22 cated by the executive branch in accordance with a report,

23 to be provided to the Committees on Appropriations within

24 thirty days of enactment of this Act, as required by section

25 653(a) of the Foreign Assistance Act of 1961.
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1 CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES

2 SEC. 523. Up to $10,000,000 of the funds made

3 available by this Act for assistance for family planning,

4 health, child survival, environment, basic education and

5 AIDS, may be used to reimburse United States Govern6 ment agencies, agencies of State governments, institutions

7 of higher learning, and private and voluntary organiza8 tions for the full cost of individuals (including for the per9 sonal services of such individuals) detailed or assigned to,

10 or contracted by, as the case may be, the Agency for Inter11 national Development for the purpose of carrying out fam12 ily planning activities, child survival, environment, and

13 basic education and health activities, including activities

14 relating to research on, and the prevention, treatment and

15 control of acquired immune deficiency syndrome or other

16 diseases in developing countries: Provided, That funds ap17 propriated by this Act that are made available for child

18 survival activities or disease programs including activities

19 relating to research on, and the treatment and control of,

20 acquired immune deficiency syndrome may be made avail21 able notwithstanding any provision of law that restricts

22 assistance to foreign countries: Provided further, That

23 funds appropriated by this Act that are made available

24 for family planning activities may be made available not-
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1 withstanding section 512 of this Act and section 620(q)

2 of the Foreign Assistance Act of 1961.

3 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

4 COUNTRIES

5 SEC. 524. None of the funds appropriated or other6 wise made available pursuant to this Act shall be obligated

7 to finance indirectly any assistance or reparations to

8 Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo9 ple’s Republic of China, unless the President of the United

10 States certifies that the withholding of these funds is con11 trary to the national interest of the United States.

12 DESIGNATION OF SERBIA AS A TERRORIST STATE

13 SEC. 525. (a) HUMAN RIGHTS VIOLATIONS.—

14 (1) CONGRESSIONAL DETERMINATION.—Con15 gress determines that the Government of the Fed16 eral Republic of Yugoslavia is engaged in a con17 sistent pattern of gross violations of internationally

18 recognized human rights.

19 (2) FULL ENFORCEMENT OF SANCTIONS.—All

20 provisions of law that impose sanctions against a

21 country whose government is engaged in a consistent

22 pattern of gross violations of internationally recog23 nized human rights shall be fully enforced against

24 the Federal Republic of Yugoslavia (other than Mon25 tenegro and Kosova).

26 (b) SUPPORT FOR TERRORISM.—
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1 (1) IN GENERAL.—

2 (A) CONGRESSIONAL DETERMINATION.—

3 Congress determines that the Federal Republic

4 of Yugoslavia (other than Montenegro and

5 Kosova) is a country which has repeatedly en6 gaged in acts of terrorism, a country which

7 grants sanctuary from prosecution to individ8 uals or groups which have committed an act of

9 terrorism, and a country which otherwise sup10 ports terrorism.

11 (B) FULL ENFORCEMENT OF SANC12 TIONS.—The provisions of law specified in para13 graph (2) and all other provisions of law that

14 impose sanctions against a country which has

15 repeatedly provided support for acts of terror16 ists, which grants sanctuary from prosecution

17 to an individual or group which grants sanc18 tuary from prosecution to an individual or

19 group which has committed an act of terrorism,

20 or which otherwise supports terrorism shall be

21 fully enforced against the Federal Republic of

22 Yugoslavia (other than Montenegro and

23 Kosova).

24 (2) SANCTION LAWS SPECIFIED.—The provi25 sions of law referred to in paragraph (1) are—
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1 (A) section 40 of the Arms Export Control

2 Act (22 U.S.C. 2780);

3 (B) section 620A of the Foreign Assistance

4 Act of 1961 (22 U.S.C. 2371);

5 (C) section 528 of this Act (and the cor6 responding sections of predecessor foreign oper7 ations appropriations Acts);

8 (D) section 555 of the International Secu9 rity and Development Cooperation Act of 1985;

10 and

11 (E) section 6(j) of the Export Administra12 tion Act of 1979 (50 U.S.C. app. 2405(j)).

13 (c) MULTILATERAL COOPERATION.—Congress calls

14 on the President to seek multilateral cooperation—

15 (1) to deny dangerous technologies to the Fed16 eral Republic of Yugoslavia (other than Montenegro

17 and Kosova);

18 (2) to induce the Government of the Federal

19 Republic of Yugoslavia to respect internationally rec20 ognized human rights (other than Montenegro and

21 Kosova); and

22 (3) to induce the Government of the Federal

23 Republic of Yugoslavia to allow appropriate inter24 national humanitarian and human rights organiza-
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1 tions to have access to the Federal Republic of

2 Yugoslavia (other than Montenegro and Kosova).

3 (d) FEDERAL REPUBLIC OF YUGOSLAVIA DE4 FINED.—The term ‘‘Federal Republic of Yugoslavia’’ does

5 not include Montenegro and Kosova.

6 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

7 SEC. 526. Prior to providing excess Department of

8 Defense articles in accordance with section 516(a) of the

9 Foreign Assistance Act of 1961, the Department of De10 fense shall notify the Committees on Appropriations to the

11 same extent and under the same conditions as are other

12 committees pursuant to subsection (c) of that section: Pro13 vided, That before issuing a letter of offer to sell excess

14 defense articles under the Arms Export Control Act, the

15 Department of Defense shall notify the Committees on

16 Appropriations in accordance with the regular notification

17 procedures of such Committees: Provided further, That

18 such Committees shall also be informed of the original ac19 quisition cost of such defense articles.

20 AUTHORIZATION REQUIREMENT

21 SEC. 527. Funds appropriated by this Act may be

22 obligated and expended notwithstanding section 10 of

23 Public Law 91–672 and section 15 of the State Depart24 ment Basic Authorities Act of 1956.
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1 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

2 COUNTRIES

3 SEC. 528. (a) Notwithstanding any other provision

4 of law, funds appropriated for bilateral assistance under

5 any heading of this Act and funds appropriated under any

6 such heading in a provision of law enacted prior to enact7 ment of this Act, shall not be made available to any coun8 try which the President determines—

9 (1) grants sanctuary from prosecution to any

10 individual or group which has committed an act of

11 international terrorism, or

12 (2) otherwise supports international terrorism.

13 (b) The President may waive the application of

14 subsection (a) to a country if the President determines

15 that national security or humanitarian reasons justify

16 such waiver. The President shall publish each waiver in

17 the Federal Register and, at least fifteen days before the

18 waiver takes effect, shall notify the Committees on Appro19 priations of the waiver (including the justification for the

20 waiver) in accordance with the regular notification proce21 dures of the Committees on Appropriations.

22 COMMERCIAL LEASING OF DEFENSE ARTICLES

23 SEC. 529. Notwithstanding any other provision of

24 law, and subject to the regular notification procedures of

25 the Committees on Appropriations, the authority of sec26 tion 23(a) of the Arms Export Control Act may be used
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1 to provide financing to Israel, Egypt and NATO and

2 major non-NATO allies for the procurement by leasing

3 (including leasing with an option to purchase) of defense

4 articles from United States commercial suppliers, not in5 cluding Major Defense Equipment (other than helicopters

6 and other types of aircraft having possible civilian applica7 tion), if the President determines that there are compel8 ling foreign policy or national security reasons for those

9 defense articles being provided by commercial lease rather

10 than by government-to-government sale under such Act.

11 COMPETITIVE INSURANCE

12 SEC. 530. All Agency for International Development

13 contracts and solicitations, and subcontracts entered into

14 under such contracts, shall include a clause requiring that

15 United States insurance companies have a fair oppor16 tunity to bid for insurance when such insurance is nec17 essary or appropriate.

18 DISTINGUISHED DEVELOPMENT SERVICE AWARD

19 SEC. 531. (a) AUTHORITY TO AWARD.—The Chair20 man of the Senate Appropriations Subcommittee on For21 eign Operations, Export Financing, and Related Pro22 grams, in consultation with the Ranking Minority Member

23 of the Subcommittee and the Administrator of the United

24 States Agency for International Development, may au25 thorize the payment of a cash award to, and incur nec26 essary expense for the honorary recognition of, a career
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1 or non-career employee of the Agency who through ex2 traordinary efforts makes a significant contribution to as3 sisting developing countries to meet the basic needs of

4 their people.

5 (b) SELECTION CRITERIA.—The Chairman of the

6 Senate Appropriations Subcommittee on Foreign Oper7 ations, Export Financing, and Related Programs, in con8 sultation with the Ranking Minority Member of the Sub9 committee and the Administrator, shall prescribe the pro10 cedures for identifying and considering persons eligible for

11 the Distinguished Development Service Award, and for se12 lecting the recipient of the award, consistent with the pro13 visions of this section. Individuals who are non-career

14 members of the Senior Executive Service or the Senior

15 Foreign Service, or who are appointed under the authority

16 of section 624 of this Act, are not eligible for the award

17 authorized by this section.

18 (c) NATURE OF CASH AWARD.—A cash award under

19 this section—

20 (1) shall be in the amount of $10,000, and

21 (2) shall be in addition to the pay and allow22 ances of the recipient.

23 (d) AWARD IN THE EVENT OF DEATH.—If a person

24 selected for an award under this section dies before being

25 presented the award, the award may be made to the per-
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1 son’s family or to the person’s representative, as des2 ignated by the Administrator.

3 (e) FUNDING.—Awards to, and expenses for the hon4 orary recognition of, employees of the Agency under this

5 section may be paid from funds administered by the Agen6 cy that are made available to carry out the provisions of

7 this Act.

8 DEBT-FOR-DEVELOPMENT

9 SEC. 532. In order to enhance the continued partici10 pation of nongovernmental organizations in economic as11 sistance activities under the Foreign Assistance Act of

12 1961, including endowments, debt-for-development and

13 debt-for-nature exchanges, a nongovernmental organiza14 tion which is a grantee or contractor of the Agency for

15 International Development may place in interest bearing

16 accounts funds made available under this Act or prior Acts

17 or local currencies which accrue to that organization as

18 a result of economic assistance provided under title II of

19 this Act and any interest earned on such investment shall

20 be used for the purpose for which the assistance was pro21 vided to that organization.

22 SEPARATE ACCOUNTS

23 SEC. 533. (a) SEPARATE ACCOUNTS FOR LOCAL

24 CURRENCIES.—(1) If assistance is furnished to the gov25 ernment of a foreign country under chapters 1 and 10 of

26 part I or chapter 4 of part II of the Foreign Assistance
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1 Act of 1961 under agreements which result in the genera2 tion of local currencies of that country, the Administrator

3 of the Agency for International Development shall—

4 (A) require that local currencies be deposited in

5 a separate account established by that government;

6 (B) enter into an agreement with that govern7 ment which sets forth—

8 (i) the amount of the local currencies to be

9 generated, and

10 (ii) the terms and conditions under which

11 the currencies so deposited may be utilized, con12 sistent with this section; and

13 (C) establish by agreement with that govern14 ment the responsibilities of the Agency for Inter15 national Development and that government to mon16 itor and account for deposits into and disbursements

17 from the separate account.

18 (2) USES OF LOCAL CURRENCIES.—As may be

19 agreed upon with the foreign government, local currencies

20 deposited in a separate account pursuant to subsection

21 (a), or an equivalent amount of local currencies, shall be

22 used only—

23 (A) to carry out chapters 1 or 10 of part I or

24 chapter 4 of part II (as the case may be), for such

25 purposes as—
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1 (i) project and sector assistance activities,

2 or

3 (ii) debt and deficit financing, or

4 (B) for the administrative requirements of the

5 United States Government.

6 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

7 for International Development shall take all necessary

8 steps to ensure that the equivalent of the local currencies

9 disbursed pursuant to subsection (a)(2)(A) from the sepa10 rate account established pursuant to subsection (a)(1) are

11 used for the purposes agreed upon pursuant to subsection

12 (a)(2).

13 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

14 Upon termination of assistance to a country under chap15 ters 1 or 10 of part I or chapter 4 of part II (as the case

16 may be), any unencumbered balances of funds which re17 main in a separate account established pursuant to sub18 section (a) shall be disposed of for such purposes as may

19 be agreed to by the government of that country and the

20 United States Government.

21 (5) REPORTING REQUIREMENT.—The Administrator

22 of the Agency for International Development shall report

23 on an annual basis as part of the justification documents

24 submitted to the Committees on Appropriations on the use

25 of local currencies for the administrative requirements of
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1 the United States Government as authorized in subsection

2 (a)(2)(B), and such report shall include the amount of

3 local currency (and United States dollar equivalent) used

4 and/or to be used for such purpose in each applicable

5 country.

6 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

7 (1) If assistance is made available to the government of

8 a foreign country, under chapters 1 or 10 of part I or

9 chapter 4 of part II of the Foreign Assistance Act of 1961,

10 as cash transfer assistance or as nonproject sector assist11 ance, that country shall be required to maintain such

12 funds in a separate account and not commingle them with

13 any other funds.

14 (2) APPLICABILITY OF OTHER PROVISIONS OF

15 LAW.—Such funds may be obligated and expended not16 withstanding provisions of law which are inconsistent with

17 the nature of this assistance including provisions which

18 are referenced in the Joint Explanatory Statement of the

19 Committee of Conference accompanying House Joint Res20 olution 648 (H. Report No. 98–1159).

21 (3) NOTIFICATION.—At least fifteen days prior to ob22 ligating any such cash transfer or nonproject sector assist23 ance, the President shall submit a notification through the

24 regular notification procedures of the Committees on Ap25 propriations, which shall include a detailed description of
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1 how the funds proposed to be made available will be used,

2 with a discussion of the United States interests that will

3 be served by the assistance (including, as appropriate, a

4 description of the economic policy reforms that will be pro5 moted by such assistance).

6 (4) EXEMPTION.—Nonproject sector assistance funds

7 may be exempt from the requirements of subsection (b)(1)

8 only through the notification procedures of the Commit9 tees on Appropriations.

10 COMPENSATION FOR UNITED STATES EXECUTIVE

11 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

12 SEC. 534. (a) No funds appropriated by this Act may

13 be made as payment to any international financial institu14 tion while the United States Executive Director to such

15 institution is compensated by the institution at a rate

16 which, together with whatever compensation such Director

17 receives from the United States, is in excess of the rate

18 provided for an individual occupying a position at level IV

19 of the Executive Schedule under section 5315 of title 5,

20 United States Code, or while any alternate United States

21 Director to such institution is compensated by the institu22 tion at a rate in excess of the rate provided for an indi23 vidual occupying a position at level V of the Executive

24 Schedule under section 5316 of title 5, United States

25 Code.
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1 (b) For purposes of this section, ‘‘international finan2 cial institutions’’ are: the International Bank for Recon3 struction and Development, the Inter-American Develop4 ment Bank, the Asian Development Bank, the Asian De5 velopment Fund, the African Development Bank, the Afri6 can Development Fund, the International Monetary Fund,

7 the North American Development Bank, and the Euro8 pean Bank for Reconstruction and Development.

9 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

10 IRAQ

11 SEC. 535. None of the funds appropriated or other12 wise made available pursuant to this Act to carry out the

13 Foreign Assistance Act of 1961 (including title IV of

14 chapter 2 of part I, relating to the Overseas Private In15 vestment Corporation) or the Arms Export Control Act

16 may be used to provide assistance to any country that is

17 not in compliance with the United Nations Security Coun18 cil sanctions against Iraq unless the President determines

19 and so certifies to the Congress that—

20 (1) such assistance is in the national interest of

21 the United States;

22 (2) such assistance will directly benefit the

23 needy people in that country; or

24 (3) the assistance to be provided will be human25 itarian assistance for foreign nationals who have fled

26 Iraq and Kuwait.
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1 COMPETITIVE PRICING FOR SALES OF DEFENSE

2 ARTICLES

3 SEC. 536. Direct costs associated with meeting a for4 eign customer’s additional or unique requirements will

5 continue to be allowable under contracts under section

6 22(d) of the Arms Export Control Act. Loadings applica7 ble to such direct costs shall be permitted at the same

8 rates applicable to procurement of like items purchased

9 by the Department of Defense for its own use.

10 AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL

11 FUND FOR AGRICULTURAL DEVELOPMENT, INTER12 AMERICAN FOUNDATION AND AFRICAN DEVELOP13 MENT FOUNDATION

14 SEC. 537. (a) Unless expressly provided to the con15 trary, provisions of this or any other Act, including provi16 sions contained in prior Acts authorizing or making appro17 priations for foreign operations, export financing, and re18 lated programs, shall not be construed to prohibit activi19 ties authorized by or conducted under the Peace Corps

20 Act, the Inter-American Foundation Act or the African

21 Development Foundation Act. The agency shall promptly

22 report to the Committees on Appropriations whenever it

23 is conducting activities or is proposing to conduct activi24 ties in a country for which assistance is prohibited.

25 (b) Unless expressly provided to the contrary, limita26 tions on the availability of funds for ‘‘International Orga-
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1 nizations and Programs’’ in this or any other Act, includ2 ing prior appropriations Acts, shall not be construed to

3 be applicable to the International Fund for Agricultural

4 Development.

5 IMPACT ON JOBS IN THE UNITED STATES

6 SEC. 538. None of the funds appropriated by this Act

7 may be obligated or expended to provide—

8 (a) any financial incentive to a business enter9 prise currently located in the United States for the

10 purpose of inducing such an enterprise to relocate

11 outside the United States if such incentive or in12 ducement is likely to reduce the number of employ13 ees of such business enterprise in the United States

14 because United States production is being replaced

15 by such enterprise outside the United States;

16 (b) assistance for the purpose of establishing or

17 developing in a foreign country any export proc18 essing zone or designated area in which the tax, tar19 iff, labor, environment, and safety laws of that coun20 try do not apply, in part or in whole, to activities

21 carried out within that zone or area, unless the

22 President determines and certifies that such assist23 ance is not likely to cause a loss of jobs within the

24 United States; or

25 (c) assistance for any project or activity that

26 contributes to the violation of internationally recog-
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1 nized workers rights, as defined in section 502(a)(4)

2 of the Trade Act of 1974, of workers in the recipient

3 country, including any designated zone or area in

4 that country: Provided, That in recognition that the

5 application of this subsection should be commensu6 rate with the level of development of the recipient

7 country and sector, the provisions of this subsection

8 shall not preclude assistance for the informal sector

9 in such country, micro and small-scale enterprise,

10 and smallholder agriculture.

11 OPIC MARITIME FUND

12 SEC. 539. (a) Section 6001 of Public Law 106–31

13 is repealed.

14 (b) The Overseas Private Investment Corporation

15 shall establish a $200,000,000 Maritime Fund within six

16 months from the date of enactment of this Act: Provided,

17 That the Maritime Fund shall leverage United States com18 mercial maritime expertise to support international mari19 time projects.

20 SPECIAL AUTHORITIES

21 SEC. 540. (a) Funds appropriated in title II of this

22 Act that are made available for Afghanistan, Lebanon,

23 and for victims of war, displaced children, displaced Bur24 mese, humanitarian assistance for Romania, and humani25 tarian assistance for the peoples of Kosova, may be made

26 available notwithstanding any other provision of law: Pro-
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1 vided, That any such funds that are made available for

2 Cambodia shall be subject to the provisions of section

3 531(e) of the Foreign Assistance Act of 1961 and section

4 906 of the International Security and Development Co5 operation Act of 1985.

6 (b) Funds appropriated by this Act to carry out the

7 provisions of sections 103 through 106 of the Foreign As8 sistance Act of 1961 may be used, notwithstanding any

9 other provision of law, for the purpose of supporting trop10 ical forestry and biodiversity conservation activities and,

11 subject to the regular notification procedures of the Com12 mittees on Appropriations, energy programs aimed at re13 ducing greenhouse gas emissions: Provided, That such as14 sistance shall be subject to sections 116, 502B, and 620A

15 of the Foreign Assistance Act of 1961.

16 (c) The Agency for International Development may

17 employ personal services contractors, notwithstanding any

18 other provision of law, for the purpose of administering

19 programs for the West Bank and Gaza.

20 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

21 OF ISRAEL

22 SEC. 541. It is the sense of the Congress that—

23 (1) the Arab League countries should imme24 diately and publicly renounce the primary boycott of

25 Israel and the secondary and tertiary boycott of
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1 American firms that have commercial ties with

2 Israel; and

3 (2) the President should—

4 (A) take more concrete steps to encourage

5 vigorously Arab League countries to renounce

6 publicly the primary boycotts of Israel and the

7 secondary and tertiary boycotts of American

8 firms that have commercial relations with Israel

9 as a confidence-building measure;

10 (B) take into consideration the participa11 tion of any recipient country in the primary

12 boycott of Israel and the secondary and tertiary

13 boycotts of American firms that have commer14 cial relations with Israel when determining

15 whether to sell weapons to said county;

16 (C) report to Congress on the specific

17 steps being taken by the President to bring

18 about a public renunciation of the Arab primary

19 boycott of Israel and the secondary and tertiary

20 boycotts of American firms that have commer21 cial relations with Israel; and

22 (D) encourage the allies and trading part23 ners of the United States to enact laws prohib24 iting businesses from complying with the boy25 cott and penalizing businesses that do comply.
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1 ANTI-NARCOTICS ACTIVITIES

2 SEC. 542. Of the funds appropriated or otherwise

3 made available by this Act for ‘‘Economic Support Fund’’,

4 assistance may be provided to strengthen the administra5 tion of justice in countries in Latin America and the Car6 ibbean and in other regions consistent with the provisions

7 of section 534(b) of the Foreign Assistance Act of 1961,

8 except that programs to enhance protection of participants

9 in judicial cases may be conducted notwithstanding section

10 660 of that Act. Funds made available pursuant to this

11 section may be made available notwithstanding section

12 534(c) and the second and third sentences of section

13 534(e) of the Foreign Assistance Act of 1961.

14 ELIGIBILITY FOR ASSISTANCE

15 SEC. 543. (a) ASSISTANCE THROUGH NONGOVERN16 MENTAL ORGANIZATIONS.—Restrictions contained in this

17 or any other Act with respect to assistance for a country

18 shall not be construed to restrict assistance in support of

19 programs of nongovernmental organizations from funds

20 appropriated by this Act to carry out the provisions of

21 chapters 1, 10, and 11 of part I and chapter 4 of part

22 II of the Foreign Assistance Act of 1961, and from funds

23 appropriated under the heading ‘‘Assistance for Eastern

24 Europe and the Baltic States’’: Provided, That the Presi25 dent shall take into consideration, in any case in which

26 a restriction on assistance would be applicable but for this
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1 subsection, whether assistance in support of programs of

2 nongovernmental organizations is in the national interest

3 of the United States: Provided further, That before using

4 the authority of this subsection to furnish assistance in

5 support of programs of nongovernmental organizations,

6 the President shall notify the Committees on Appropria7 tions under the regular notification procedures of those

8 committees, including a description of the program to be

9 assisted, the assistance to be provided, and the reasons

10 for furnishing such assistance: Provided further, That

11 nothing in this subsection shall be construed to alter any

12 existing statutory prohibitions against abortion or involun13 tary sterilizations contained in this or any other Act.

14 (b) PUBLIC LAW 480.—During fiscal year 2000, re15 strictions contained in this or any other Act with respect

16 to assistance for a country shall not be construed to re17 strict assistance under the Agricultural Trade Develop18 ment and Assistance Act of 1954: Provided, That none

19 of the funds appropriated to carry out title I of such Act

20 and made available pursuant to this subsection may be

21 obligated or expended except as provided through the reg22 ular notification procedures of the Committees on Appro23 priations.

24 (c) EXCEPTION.—This section shall not apply—
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1 (1) with respect to section 620A of the Foreign

2 Assistance Act or any comparable provision of law

3 prohibiting assistance to countries that support

4 international terrorism; or

5 (2) with respect to section 116 of the Foreign

6 Assistance Act of 1961 or any comparable provision

7 of law prohibiting assistance to the government of a

8 country that violate internationally recognized

9 human rights.

10 EARMARKS

11 SEC. 544. (a) Funds appropriated by this Act which

12 are earmarked may be reprogrammed for other programs

13 within the same account notwithstanding the earmark if

14 compliance with the earmark is made impossible by oper15 ation of any provision of this or any other Act or, with

16 respect to a country with which the United States has an

17 agreement providing the United States with base rights

18 or base access in that country, if the President determines

19 that the recipient for which funds are earmarked has sig20 nificantly reduced its military or economic cooperation

21 with the United States since enactment of the Foreign Op22 erations, Export Financing, and Related Programs Appro23 priations Act, 1991; however, before exercising the author24 ity of this subsection with regard to a base rights or base

25 access country which has significantly reduced its military

26 or economic cooperation with the United States, the Presi-
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1 dent shall consult with, and shall provide a written policy

2 justification to the Committees on Appropriations: Pro3 vided, That any such reprogramming shall be subject to

4 the regular notification procedures of the Committees on

5 Appropriations: Provided further, That assistance that is

6 reprogrammed pursuant to this subsection shall be made

7 available under the same terms and conditions as origi8 nally provided.

9 (b) In addition to the authority contained in sub10 section (a), the original period of availability of funds ap11 propriated by this Act and administered by the Agency

12 for International Development that are earmarked for par13 ticular programs or activities by this or any other Act shall

14 be extended for an additional fiscal year if the Adminis15 trator of such agency determines and reports promptly to

16 the Committees on Appropriations that the termination of

17 assistance to a country or a significant change in cir18 cumstances makes it unlikely that such earmarked funds

19 can be obligated during the original period of availability:

20 Provided, That such earmarked funds that are continued

21 available for an additional fiscal year shall be obligated

22 only for the purpose of such earmark.

23 CEILINGS AND EARMARKS

24 SEC. 545. Ceilings and earmarks contained in this

25 Act shall not be applicable to funds or authorities appro26 priated or otherwise made available by any subsequent Act
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1 unless such Act specifically so directs. Earmarks or min2 imum funding requirements contained in any other Act

3 shall not be applicable to funds appropriated by this Act.

4 PROHIBITION ON PUBLICITY OR PROPAGANDA

5 SEC. 546. No part of any appropriation contained in

6 this Act shall be used for publicity or propaganda purposes

7 within the United States not authorized before the date

8 of enactment of this Act by the Congress: Provided, That

9 not to exceed $750,000 may be made available to carry

10 out the provisions of section 316 of Public Law 96–533.

11 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

12 PRODUCTS

13 SEC. 547. (a) To the maximum extent possible, as14 sistance provided under this Act should make full use of

15 American resources, including commodities, products, and

16 services.

17 (b) It is the sense of the Congress that, to the great18 est extent practicable, all agriculture commodities, equip19 ment and products purchased with funds made available

20 in this Act should be American-made.

21 (c) In providing financial assistance to, or entering

22 into any contract with, any entity using funds made avail23 able in this Act, the head of each Federal agency, to the

24 greatest extent practicable, shall provide to such entity a

25 notice describing the statement made in subsection (b) by

26 the Congress.
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1 (d) The Secretary of the Treasury shall report to

2 Congress annually on the efforts of the heads of each Fed3 eral agency and the United States directors of inter4 national financial institutions (as referenced in section

5 514) in complying with this sense of Congress.

6 PROHIBITION OF PAYMENTS TO UNITED NATIONS

7 MEMBERS

8 SEC. 548. None of the funds appropriated or made

9 available pursuant to this Act for carrying out the Foreign

10 Assistance Act of 1961, may be used to pay in whole or

11 in part any assessments, arrearages, or dues of any mem12 ber of the United Nations.

13 CONSULTING SERVICES

14 SEC. 549. The expenditure of any appropriation

15 under this Act for any consulting service through procure16 ment contract, pursuant to section 3109 of title 5, United

17 States Code, shall be limited to those contracts where such

18 expenditures are a matter of public record and available

19 for public inspection, except where otherwise provided

20 under existing law, or under existing Executive order pur21 suant to existing law.

22 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

23 SEC. 550. None of the funds appropriated or made

24 available pursuant to this Act shall be available to a pri25 vate voluntary organization which fails to provide upon

26 timely request any document, file, or record necessary to
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1 the auditing requirements of the Agency for International

2 Development.

3 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN4 MENTS THAT EXPORT LETHAL MILITARY EQUIP5 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

6 TERRORISM

7 SEC. 551. (a) None of the funds appropriated or oth8 erwise made available by this Act may be available to any

9 foreign government which provides lethal military equip10 ment to a country the government of which the Secretary

11 of State has determined is a terrorist government for pur12 poses of section 40(d) of the Arms Export Control Act.

13 The prohibition under this section with respect to a for14 eign government shall terminate 12 months after that gov15 ernment ceases to provide such military equipment. This

16 section applies with respect to lethal military equipment

17 provided under a contract entered into after October 1,

18 1997.

19 (b) Assistance restricted by subsection (a) or any

20 other similar provision of law, may be furnished if the

21 President determines that furnishing such assistance is

22 important to the national interests of the United States.

23 (c) Whenever the waiver of subsection (b) is exer24 cised, the President shall submit to the appropriate con25 gressional committees a report with respect to the fur26 nishing of such assistance. Any such report shall include
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1 a detailed explanation of the assistance to be provided, in2 cluding the estimated dollar amount of such assistance,

3 and an explanation of how the assistance furthers United

4 States national interests.

5 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

6 OWED BY FOREIGN COUNTRIES

7 SEC. 552. (a) IN GENERAL.—Of the funds made

8 available for a foreign country under part I of the Foreign

9 Assistance Act of 1961, an amount equivalent to 110 per

10 centum of the total unpaid fully adjudicated parking fines

11 and penalties owed to the District of Columbia by such

12 country as of the date of enactment of this Act shall be

13 withheld from obligation for such country until the Sec14 retary of State certifies and reports in writing to the ap15 propriate congressional committees that such fines and

16 penalties are fully paid to the government of the District

17 of Columbia.

18 (b) DEFINITION.—For purposes of this section, the

19 term ‘‘appropriate congressional committees’’ means the

20 Committee on Foreign Relations and the Committee on

21 Appropriations of the Senate and the Committee on Inter22 national Relations and the Committee on Appropriations

23 of the House of Representatives.
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1 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

2 WEST BANK AND GAZA

3 SEC. 553. None of the funds appropriated by this Act

4 may be obligated for assistance for the Palestine Libera5 tion Organization for the West Bank and Gaza unless the

6 President has exercised the authority under section 604(a)

7 of the Middle East Peace Facilitation Act of 1995 (title

8 VI of Public Law 104–107) or any other legislation to sus9 pend or make inapplicable section 307 of the Foreign As10 sistance Act of 1961 and that suspension is still in effect:

11 Provided, That if the President fails to make the certifi12 cation under section 604(b)(2) of the Middle East Peace

13 Facilitation Act of 1995 or to suspend the prohibition

14 under other legislation, funds appropriated by this Act

15 may not be obligated for assistance for the Palestine Lib16 eration Organization for the West Bank and Gaza.

17 WAR CRIMES TRIBUNALS DRAWDOWN

18 SEC. 554. If the President determines that doing so

19 will contribute to a just resolution of charges regarding

20 genocide or other violations of international humanitarian

21 law, the President may direct a drawdown pursuant to sec22 tion 552(c) of the Foreign Assistance Act of 1961, as

23 amended, of up to $30,000,000 of commodities and serv24 ices for the United Nations War Crimes Tribunal estab25 lished with regard to the former Yugoslavia by the United

26 Nations Security Council or such other tribunals or com-
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1 missions as the Council may establish to deal with such

2 violations, without regard to the ceiling limitation con3 tained in paragraph (2) thereof: Provided, That the deter4 mination required under this section shall be in lieu of

5 any determinations otherwise required under section

6 552(c): Provided further, That sixty days after the date

7 of enactment of this Act, and every one hundred eighty

8 days thereafter, the Secretary of State shall submit a re9 port to the Committees on Appropriations describing the

10 steps the United States Government is taking to collect

11 information regarding allegations of genocide or other vio12 lations of international law in the former Yugoslavia and

13 to furnish that information to the United Nations War

14 Crimes Tribunal for the former Yugoslavia: Provided fur15 ther, That the drawdown made under this section for any

16 tribunal shall not be construed as an endorsement or

17 precedent for the establishment of any standing or perma18 nent international criminal tribunal or court: Provided fur19 ther, That funds made available for tribunals other than

20 Yugoslavia or Rwanda shall be made available subject to

21 the regular notification procedures of the Committees on

22 Appropriations.

23 LANDMINES

24 SEC. 555. DEMINING EQUIPMENT.—Notwith25 standing any other provision of law, demining equipment

26 available to the Agency for International Development and
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1 the Department of State and used in support of the clear2 ance of landmines and unexploded ordnance for humani3 tarian purposes may be disposed of on a grant basis in

4 foreign countries, subject to such terms and conditions as

5 the President may prescribe.

6 RESTRICTIONS CONCERNING THE PALESTINIAN

7 AUTHORITY

8 SEC. 556. None of the funds appropriated by this Act

9 may be obligated or expended to create in any part of Je10 rusalem a new office of any department or agency of the

11 United States Government for the purpose of conducting

12 official United States Government business with the Pal13 estinian Authority over Gaza and Jericho or any successor

14 Palestinian governing entity provided for in the Israel15 PLO Declaration of Principles: Provided, That this re16 striction shall not apply to the acquisition of additional

17 space for the existing Consulate General in Jerusalem:

18 Provided further, That meetings between officers and em19 ployees of the United States and officials of the Pales20 tinian Authority, or any successor Palestinian governing

21 entity provided for in the Israel-PLO Declaration of Prin22 ciples, for the purpose of conducting official United States

23 Government business with such authority should continue

24 to take place in locations other than Jerusalem. As has

25 been true in the past, officers and employees of the United

26 States Government may continue to meet in Jerusalem on
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1 other subjects with Palestinians (including those who now

2 occupy positions in the Palestinian Authority), have social

3 contacts, and have incidental discussions.

4 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

5 SEC. 557. None of the funds appropriated or other6 wise made available by this Act under the heading ‘‘Inter7 national Military Education and Training’’ or ‘‘Foreign

8 Military Financing Program’’ for Informational Program

9 activities may be obligated or expended to pay for—

10 (1) alcoholic beverages;

11 (2) food (other than food provided at a military

12 installation) not provided in conjunction with Infor13 mational Program trips where students do not stay

14 at a military installation; or

15 (3) entertainment expenses for activities that

16 are substantially of a recreational character, includ17 ing entrance fees at sporting events and amusement

18 parks.

19 SPECIAL DEBT RELIEF FOR THE POOREST

20 SEC. 558. (a) AUTHORITY TO REDUCE DEBT.—The

21 President may reduce amounts owed to the United States

22 (or any agency of the United States) by an eligible country

23 as a result of—

24 (1) guarantees issued under sections 221 and

25 222 of the Foreign Assistance Act of 1961;
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1 (2) credits extended or guarantees issued under

2 the Arms Export Control Act; or

3 (3) any obligation or portion of such obligation

4 for a Latin American country, to pay for purchases

5 of United States agricultural commodities guaran6 teed by the Commodity Credit Corporation under ex7 port credit guarantee programs authorized pursuant

8 to section 5(f) of the Commodity Credit Corporation

9 Charter Act of June 29, 1948, as amended, section

10 4(b) of the Food for Peace Act of 1966, as amended

11 (Public Law 89–808), or section 202 of the Agricul12 tural Trade Act of 1978, as amended (Public Law

13 95–501).

14 (b) LIMITATIONS.—

15 (1) The authority provided by subsection (a)

16 may be exercised only to implement multilateral offi17 cial debt relief ad referendum agreements, commonly

18 referred to as ‘‘Paris Club Agreed Minutes’’.

19 (2) The authority provided by subsection (a)

20 may be exercised only in such amounts or to such

21 extent as is provided in advance by appropriations

22 Acts.

23 (3) The authority provided by subsection (a)

24 may be exercised only with respect to countries with

25 heavy debt burdens that are eligible to borrow from
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1 the International Development Association, but not

2 from the International Bank for Reconstruction and

3 Development, commonly referred to as ‘‘IDA-only’’

4 countries.

5 (c) CONDITIONS.—The authority provided by sub6 section (a) may be exercised only with respect to a country

7 whose government—

8 (1) does not have an excessive level of military

9 expenditures;

10 (2) has not repeatedly provided support for acts

11 of international terrorism;

12 (3) is not failing to cooperate on international

13 narcotics control matters;

14 (4) (including its military or other security

15 forces) does not engage in a consistent pattern of

16 gross violations of internationally recognized human

17 rights; and

18 (5) is not ineligible for assistance because of the

19 application of section 527 of the Foreign Relations

20 Authorization Act, fiscal years 1994 and 1995.

21 (d) AVAILABILITY OF FUNDS.—The authority pro22 vided by subsection (a) may be used only with regard to

23 funds appropriated by this Act under the heading ‘‘Debt

24 restructuring’’.
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1 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re2 duction of debt pursuant to subsection (a) shall not be

3 considered assistance for purposes of any provision of law

4 limiting assistance to a country. The authority provided

5 by subsection (a) may be exercised notwithstanding sec6 tion 620(r) of the Foreign Assistance Act of 1961.

7 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

8 SEC. 559. (a) LOANS ELIGIBLE FOR SALE, REDUC9 TION, OR CANCELLATION.—

10 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

11 CERTAIN LOANS.—Notwithstanding any other provi12 sion of law, the President may, in accordance with

13 this section, sell to any eligible purchaser any

14 concessional loan or portion thereof made before

15 January 1, 1995, pursuant to the Foreign Assist16 ance Act of 1961, to the government of any eligible

17 country as defined in section 702(6) of that Act or

18 on receipt of payment from an eligible purchaser, re19 duce or cancel such loan or portion thereof, only for

20 the purpose of facilitating—

21 (A) debt-for-equity swaps, debt-for-develop22 ment swaps, or debt-for-nature swaps; or

23 (B) a debt buyback by an eligible country

24 of its own qualified debt, only if the eligible

25 country uses an additional amount of the local

26 currency of the eligible country, equal to not
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1 less than 40 per centum of the price paid for

2 such debt by such eligible country, or the dif3 ference between the price paid for such debt

4 and the face value of such debt, to support ac5 tivities that link conservation and sustainable

6 use of natural resources with local community

7 development, and child survival and other child

8 development, in a manner consistent with sec9 tions 707 through 710 of the Foreign Assist10 ance Act of 1961, if the sale, reduction, or can11 cellation would not contravene any term or con12 dition of any prior agreement relating to such

13 loan.

14 (2) TERMS AND CONDITIONS.—Notwithstanding

15 any other provision of law, the President shall, in ac16 cordance with this section, establish the terms and

17 conditions under which loans may be sold, reduced,

18 or canceled pursuant to this section.

19 (3) ADMINISTRATION.—The Facility, as defined

20 in section 702(8) of the Foreign Assistance Act of

21 1961, shall notify the administrator of the agency

22 primarily responsible for administering part I of the

23 Foreign Assistance Act of 1961 of purchasers that

24 the President has determined to be eligible, and

25 shall direct such agency to carry out the sale, reduc-
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1 tion, or cancellation of a loan pursuant to this sec2 tion. Such agency shall make an adjustment in its

3 accounts to reflect the sale, reduction, or cancella4 tion.

5 (4) LIMITATION.—The authorities of this sub6 section shall be available only to the extent that ap7 propriations for the cost of the modification, as de8 fined in section 502 of the Congressional Budget Act

9 of 1974, are made in advance.

10 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

11 sale, reduction, or cancellation of any loan sold, reduced,

12 or canceled pursuant to this section shall be deposited in

13 the United States Government account or accounts estab14 lished for the repayment of such loan.

15 (c) ELIGIBLE PURCHASERS.—A loan may be sold

16 pursuant to subsection (a)(1)(A) only to a purchaser who

17 presents plans satisfactory to the President for using the

18 loan for the purpose of engaging in debt-for-equity swaps,

19 debt-for-development swaps, or debt-for-nature swaps.

20 (d) DEBTOR CONSULTATIONS.—Before the sale to

21 any eligible purchaser, or any reduction or cancellation

22 pursuant to this section, of any loan made to an eligible

23 country, the President should consult with the country

24 concerning the amount of loans to be sold, reduced, or
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1 canceled and their uses for debt-for-equity swaps, debt2 for-development swaps, or debt-for-nature swaps.

3 (e) AVAILABILITY OF FUNDS.—The authority pro4 vided by subsection (a) may be used only with regard to

5 funds appropriated by this Act under the heading ‘‘Debt

6 restructuring’’.

7 LIMITATION ON ASSISTANCE FOR HAITI

8 SEC. 560. (a) LIMITATION.—Funds appropriated by

9 this Act may be made available for assistance for the cen10 tral Government of Haiti only if the President reports to

11 the Committee on Appropriations and the Committee on

12 International Relations of the House of Representatives

13 and the Committee on Appropriations and the Committee

14 on Foreign Relations of the Senate that the Government

15 of Haiti—

16 (1) has completed privatization of (or placed

17 under long-term private management or concession)

18 three major public entities including the completion

19 of all required incorporating documents, the transfer

20 of assets, and the eviction of unauthorized occupants

21 of the land or facility;

22 (2) has re-signed or is implementing the bilat23 eral Repatriation Agreement with the United States

24 and in the preceding six months that the central

25 Government of Haiti is cooperating with the United

26 States in halting illegal emigration from Haiti;
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1 (3) is conducting thorough investigations of

2 extrajudicial and political killings and has made sub3 stantial progress in bringing to justice a person or

4 persons responsible for one or more extrajudicial or

5 political killings in Haiti, and is cooperating with

6 United States authorities and with United States7 funded technical advisors to the Haitian National

8 Police in such investigations;

9 (4) has taken action to remove from the Hai10 tian National Police, national palace and residential

11 guard, ministerial guard, and any other public secu12 rity entity or unit of Haiti those individuals who are

13 credibly alleged to have engaged in or conspired to

14 conceal gross violations of internationally recognized

15 human rights or credibly alleged to have engaged in

16 or conspired to engage in narcotics trafficking; and

17 (5) has ratified or is implementing the maritime

18 counter-narcotics agreements signed in October

19 1997.

20 (b) AVAILABILITY OF ELECTORAL ASSISTANCE.—

21 The limitation in subsection (a) shall not apply to funds

22 appropriated by this Act that are made available to sup23 port elections in Haiti if the President reports to the Con24 gress that the central Government of Haiti:
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1 (1) has achieved a transparent settlement of the

2 contested April 1997 elections; and

3 (2) has made concrete progress on the constitu4 tion of a credible and competent provisional electoral

5 council that is acceptable to a broad spectrum of po6 litical parties and civic groups.

7 (c) EXCEPTIONS.—The limitations in subsections (a)

8 and (b) shall not apply to the provision of—

9 (1) counter-narcotics assistance, support for the

10 Haitian National Police’s Special Investigations Unit

11 and anti-corruption programs, the International

12 Criminal Investigative Assistance Program, and as13 sistance in support of Haitian customs and maritime

14 officials;

15 (2) food assistance management and support;

16 (3) assistance for urgent humanitarian needs,

17 such as medical and other supplies and services in

18 support of community health services, schools, and

19 orphanages; and

20 (4) not more than $3,000,000 for the develop21 ment and support of political parties and civic

22 groups.

23 (d) WAIVER.—At any time after 150 days from the

24 date of enactment of this Act, the Secretary of State may

25 waive the requirements contained in subsection (a)(1) if
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1 she reports to the Committees specified in subsection (a)

2 that the Government of Haiti has satisfied the require3 ments of subsection (a)(1) with regard to one major public

4 entity and has satisfied the remaining requirements of

5 subsection (a).

6 (e) REPORTS.—The Secretary of State shall provide

7 to the Committees specified in subsection (a) on a quar8 terly basis—

9 (1) in consultation with the Secretary of De10 fense and the Administrator of the Drug Enforce11 ment Administration, a report on the status and

12 number of United States personnel deployed in and

13 around Haiti on Department of Defense, Drug En14 forcement Administration, and United Nations mis15 sions, including displays by functional or operational

16 assignment for such personnel and the cost to the

17 United States of these operations; and

18 (2) the monthly reports, prepared during the

19 previous quarter, of the Organization of American

20 States/United Nations International Civilian Mission

21 to Haiti (MICIVIH).

22 (f) ADMINISTRATION OF JUSTICE ASSISTANCE.—(1)

23 The limitation in subsection (a) shall not apply to funds

24 appropriated under this Act that are made available for

25 the Ministry of Justice for the training of judges if the
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1 President determines and reports to the Committee on Ap2 propriations and the Committee on Foreign Relations of

3 the Senate, and the Committee on Appropriations and the

4 Committee on International Relations of the House of

5 Representatives, that Haiti’s Minister of Justice—

6 (A) has demonstrated a commitment to the pro7 fessionalism of judicial personnel by consistently

8 placing students graduated by the Judicial School in

9 appropriate judicial positions and has made a com10 mitment to share program costs associated with the

11 Judicial School; and

12 (B) is making progress in making the judicial

13 branch in Haiti independent from the executive

14 branch.

15 (2) The limitation in subsection (a) shall not apply

16 to funds to support the training of prosecutors, judicial

17 mentoring, legal assistance, and case management.

18 REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN

19 REPORT OF SECRETARY OF STATE

20 SEC. 561. (a) FOREIGN AID REPORTING REQUIRE21 MENT.—In addition to the voting practices of a foreign

22 country, the report required to be submitted to Congress

23 under section 406(a) of the Foreign Relations Authoriza24 tion Act fiscal years 1990 and 1991 (22 U.S.C. 2414a),

25 shall include a side-by-side comparison of individual coun26 tries’ overall support for the United States at the United
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1 Nations and the amount of United States assistance pro2 vided to such country in fiscal year 1998.

3 (b) UNITED STATES ASSISTANCE.—For purposes of

4 this section, the term ‘‘United States assistance’’ has the

5 meaning given the term in section 481(e)(4) of the For6 eign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).

7 HAITI

8 SEC. 562. The Government of Haiti shall be eligible

9 to purchase defense articles and services under the Arms

10 Export Control Act (22 U.S.C. 2751 et seq.), for the civil11 ian-led Haitian National Police and Coast Guard: Pro12 vided, That the authority provided by this section shall

13 be subject to the regular notification procedures of the

14 Committees on Appropriations.

15 LIMITATION ON ASSISTANCE TO SECURITY FORCES

16 SEC. 563. None of the funds made available by this

17 Act may be provided to any unit of the security forces

18 of a foreign country if the Secretary of State has credible

19 evidence to believe such unit has committed gross viola20 tions of human rights, unless the Secretary determines

21 and reports to the Committees on Appropriations that the

22 government of such country is taking effective measures

23 to bring the responsible members of the security forces

24 unit to justice: Provided, That nothing in this section shall

25 be construed to withhold funds made available by this Act

26 from any unit of the security forces of a foreign country
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1 not credibly alleged to be involved in gross violations of

2 human rights: Provided further, That in the event that

3 funds are withheld from any unit pursuant to this section,

4 the Secretary of State shall promptly inform the foreign

5 government of the basis for such action and shall, to the

6 maximum extent practicable, assist the foreign govern7 ment in taking effective measures to bring the responsible

8 members of the security forces to justice.

9 CAMBODIA

10 SEC. 564. The Secretary of the Treasury shall in11 struct the United States Executive Directors of the inter12 national financial institutions to use the voice and vote

13 of the United States to oppose loans to the Government

14 of Cambodia, except loans to support basic human needs,

15 unless the Secretary of State has determined and reported

16 to the Committees on Appropriations that Cambodia has

17 held free and fair elections in which all political candidates

18 were permitted freedom of speech, assembly and equal ac19 cess to the media and the Central Election Commission

20 was comprised of representatives from all parties; and the

21 Government has established a panel and begun the pros22 ecution of Khmer Rouge leaders including Ta Mok, Khieu

23 Sampan, Nuon Chea, Ieng Sary, Ke Pauk, and Duch.
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1 LIMITATIONS ON TRANSFER OF MILITARY EQUIPMENT TO

2 EAST TIMOR

3 SEC. 565. In any agreement for the sale, transfer,

4 or licensing of any lethal equipment or helicopter for Indo5 nesia entered into by the United States pursuant to the

6 authority of this Act or any other Act, the agreement shall

7 state that the items will not be used in East Timor.

8 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

9 UNITED NATIONS AGENCIES

10 SEC. 566. (a) PROHIBITION ON VOLUNTARY CON11 TRIBUTIONS FOR THE UNITED NATIONS.—None of the

12 funds appropriated or otherwise made available by this

13 Act may be made available to pay any voluntary contribu14 tion of the United States to the United Nations (including

15 the United Nations Development Program) if the United

16 Nations implements or imposes any taxation on any

17 United States persons.

18 (b) CERTIFICATION REQUIRED FOR DISBURSEMENT

19 OF FUNDS.—None of the funds appropriated or otherwise

20 made available under this Act may be made available to

21 pay any voluntary contribution of the United States to the

22 United Nations (including the United Nations Develop23 ment Program) unless the President certifies to the Con24 gress 15 days in advance of such payment that the United

25 Nations is not engaged in any effort to implement or im26 pose any taxation on United States persons in order to
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1 raise revenue for the United Nations or any of its special2 ized agencies.

3 (c) DEFINITIONS.—As used in this section the term

4 ‘‘United States person’’ refers to—

5 (1) a natural person who is a citizen or national

6 of the United States; or

7 (2) a corporation, partnership, or other legal

8 entity organized under the United States or any

9 State, territory, possession, or district of the United

10 States.

11 RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING

12 SANCTUARY TO INDICTED WAR CRIMINALS

13 SEC. 567. (a) BILATERAL ASSISTANCE.—None of the

14 funds made available by this or any prior Act making ap15 propriations for foreign operations, export financing and

16 related programs, may be provided for any country, entity

17 or canton described in subsection (e).

18 (b) MULTILATERAL ASSISTANCE.—

19 (1) PROHIBITION.—The Secretary of the Treas20 ury shall instruct the United States executive direc21 tors of the international financial institutions to

22 work in opposition to, and vote against, any exten23 sion by such institutions of any financial or technical

24 assistance or grants of any kind to any country or

25 entity described in subsection (e).
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1 (2) NOTIFICATION.—Not less than 15 days be2 fore any vote in an international financial institution

3 regarding the extension of financial or technical as4 sistance or grants to any country or entity described

5 in subsection (e), the Secretary of the Treasury, in

6 consultation with the Secretary of State, shall pro7 vide to the Committee on Appropriations and the

8 Committee on Foreign Relations of the Senate and

9 the Committee on Appropriations and the Com10 mittee on Banking and Financial Services of the

11 House of Representatives a written justification for

12 the proposed assistance, including an explanation of

13 the United States position regarding any such vote,

14 as well as a description of the location of the pro15 posed assistance by municipality, its purpose, and its

16 intended beneficiaries.

17 (3) DEFINITION.—The term ‘‘international fi18 nancial institution’’ includes the International Mone19 tary Fund, the International Bank for Reconstruc20 tion and Development, the International Develop21 ment Association, the International Finance Cor22 poration, the Multilateral Investment Guaranty

23 Agency, and the European Bank for Reconstruction

24 and Development.

25 (c) EXCEPTIONS.—
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1 (1) IN GENERAL.—Subject to paragraph (2),

2 subsections (a) and (b) shall not apply to the provi3 sion of—

4 (A) humanitarian assistance;

5 (B) democratization assistance;

6 (C) assistance for cross border physical in7 frastructure projects involving activities in both

8 a sanctioned country, entity, or canton and a

9 nonsanctioned contiguous country, entity, or

10 canton, if the project is primarily located in and

11 primarily benefits the nonsanctioned country,

12 entity, or canton and if the portion of the

13 project located in the sanctioned country, enti14 ty, or canton is necessary only to complete the

15 project;

16 (D) small-scale assistance projects or ac17 tivities requested by United States Armed

18 Forces that promote good relations between

19 such forces and the officials and citizens of the

20 areas in the United States SFOR sector of Bos21 nia;

22 (E) implementation of the Brcko Arbitral

23 Decision;

24 (F) lending by the international financial

25 institutions to a country or entity to support
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1 common monetary and fiscal policies at the na2 tional level as contemplated by the Dayton

3 Agreement; or

4 (G) direct lending to a non-sanctioned enti5 ty, or lending passed on by the national govern6 ment to a non-sanctioned entity.

7 (H) assistance to the International Police

8 Task Force for the training of a civilian police

9 force.

10 (2) NOTIFICATION.—Every 30 days the Sec11 retary of State, in consultation with the Adminis12 trator of the Agency for International Development,

13 shall publish in the Federal Register and/or in a

14 comparable publicly accessible document or internet

15 site, a listing and justification of any assistance that

16 is obligated within that period of time for any coun17 try, entity, or canton described in subsection (e), in18 cluding a description of the purpose of the assist19 ance project and its location, by municipality.

20 (d) FURTHER LIMITATIONS.—Notwithstanding sub21 section (c)—

22 (1) no assistance may be made available by this

23 Act, or any prior Act making appropriations for for24 eign operations, export financing and related pro25 grams, in any country, entity, or canton described in
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1 subsection (e), for a program, project, or activity in

2 which a publicly indicted war criminal is known to

3 have any financial or material interest; and

4 (2) no assistance (other than emergency foods

5 or medical assistance or demining assistance) may

6 be made available by this Act, or any prior Act mak7 ing appropriations for foreign operations, export fi8 nancing and related programs for any program,

9 project, or activity in a community within any coun10 try, entity or canton described in subsection (e) if

11 competent authorities within that community are not

12 complying with the provisions of Article IX and

13 Annex 4, Article II, paragraph 8 of the Dayton

14 Agreement relating to war crimes and the Tribunal.

15 (e) SANCTIONED COUNTRY, ENTITY, OR CANTON.—

16 A sanctioned country, entity, or canton described in this

17 section is one whose competent authorities have failed, as

18 determined by the Secretary of State, to take necessary

19 and significant steps to apprehend and transfer to the Tri20 bunal all persons who have been publicly indicted by the

21 Tribunal.

22 (f) WAIVER.—

23 (1) IN GENERAL.—The Secretary of State may

24 waive the application of subsection (a) or subsection

25 (b) with respect to specified bilateral programs or
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1 international financial institution projects or pro2 grams in a sanctioned country, entity, or canton

3 upon providing a written determination to the Com4 mittee on Appropriations and the Committee on

5 Foreign Relations of the Senate and the Committee

6 on Appropriations and the Committee on Inter7 national Relations of the House of Representatives

8 that such assistance directly supports the implemen9 tation of the Dayton Agreement and its Annexes,

10 which include the obligation to apprehend and trans11 fer indicted war criminals to the Tribunal.

12 (2) REPORT.—Not later than 15 days after the

13 date of any written determination under paragraph

14 (1) the Secretary of State shall submit a report to

15 the Committee on Appropriations and the Com16 mittee on Foreign Relations of the Senate and the

17 Committee on Appropriations and the Committee on

18 International Relations of the House of Representa19 tives regarding the status of efforts to secure the

20 voluntary surrender or apprehension and transfer of

21 persons indicted by the Tribunal, in accordance with

22 the Dayton Agreement, and outlining obstacles to

23 achieving this goal; and

24 (3) ASSISTANCE PROGRAMS AND PROJECTS AF25 FECTED.—Any waiver made pursuant to this sub-
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1 section shall be effective only with respect to a speci2 fied bilateral program or multilateral assistance

3 project or program identified in the determination of

4 the Secretary of State to Congress.

5 (g) TERMINATION OF SANCTIONS.—The sanctions

6 imposed pursuant to subsections (a) and (b) with respect

7 to a country or entity shall cease to apply only if the Sec8 retary of State determines and certifies to Congress that

9 the authorities of that country, entity, or canton have ap10 prehended and transferred to the Tribunal all persons who

11 have been publicly indicted by the Tribunal.

12 (h) DEFINITIONS.—As used in this section—

13 (1) COUNTRY.—The term ‘‘country’’ means

14 Bosnia-Herzegovina, Croatia, Serbia, and Monte15 negro.

16 (2) ENTITY.—The term ‘‘entity’’ refers to the

17 Federation of Bosnia and Herzegovina and the

18 Republika Srpska.

19 (3) CANTON.—The term ‘‘canton’’ means the

20 administrative units in Bosnia and Herzegovina.

21 (4) DAYTON AGREEMENT.—The term ‘‘Dayton

22 Agreement’’ means the General Framework Agree23 ment for Peace in Bosnia and Herzegovina, together

24 with annexes relating thereto, done at Dayton, No25 vember 10 through 16, 1995.
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1 (5) TRIBUNAL.—The term ‘‘Tribunal’’ means

2 the International Criminal Tribunal for the Former

3 Yugoslavia.

4 (i) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND

5 GOVERNMENT AGENCIES.—In carrying out this section,

6 the Secretary of State, the Administrator of the Agency

7 for International Development, and the executive directors

8 of the international financial institutions shall consult with

9 representatives of human rights organizations and all gov10 ernment agencies with relevant information to help pre11 vent publicly indicted war criminals from benefitting from

12 any financial or technical assistance or grants provided to

13 any country or entity described in subsection (e).

14 EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN

15 COUNTRIES

16 SEC. 568. Section 105 of Public Law 104–164 (110

17 Stat. 1427) is amended by striking ‘‘1996 and 1997’’ and

18 inserting ‘‘1999 and 2000’’.

19 ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING

20 OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

21 SEC. 569. (a) VALUE OF ADDITIONS TO STOCK22 PILES.—Section 514(b)(2)(A) of the Foreign Assistance

23 Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by

24 striking the following: ‘‘$50,000,000 for each of the fiscal

25 years 1996 and 1997, $60,000,000 for fiscal year 1998,

26 and’’ and inserting in lieu thereof before the period at the
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1 end, the following: ‘‘and $60,000,000 for fiscal year

2 2000’’.

3 (b) REQUIREMENTS RELATING TO THE REPUBLIC OF

4 KOREA AND THAILAND.—Section 514(b)(2)(B) of such

5 Act (22 U.S.C. 2321h(b)(2)(B)) is amended by striking

6 the following: ‘‘Of the amount specified in subparagraph

7 (A) for each of the fiscal years 1996 and 1997, not more

8 than $40,000,000 may be made available for stockpiles in

9 the Republic of Korea and not more than $10,000,000

10 may be made available for stockpiles in Thailand. Of the

11 amount specified in subparagraph (A) for fiscal year 1998,

12 not more than $40,000,000 may be made available for

13 stockpiles in the Republic of Korea and not more than

14 $20,000,000 may be made available for stockpiles in Thai15 land.’’; and at the end inserting the following sentence:

16 ‘‘Of the amount specified in subparagraph (A) for fiscal

17 year 2000, not more than $40,000,000 may be made avail18 able for stockpiles in the Republic of Korea and not more

19 than $20,000,000 may be made available for stockpiles in

20 Thailand.’’.

21 TO PROHIBIT FOREIGN ASSISTANCE TO THE GOVERN22 MENT OF RUSSIA SHOULD IT ENACT LAWS WHICH

23 WOULD DISCRIMINATE AGAINST MINORITY RELI24 GIOUS FAITHS IN THE RUSSIAN FEDERATION

25 SEC. 570. (a) None of the funds appropriated under

26 this Act may be made available for the Government of
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1 Russian Federation, after 180 days from the date of en2 actment of this Act, unless the President determines and

3 certifies in writing to the Committee on Appropriations

4 and the Committee on Foreign Relations of the Senate

5 that the Government of the Russian Federation has imple6 mented no statute, executive order, regulation or similar

7 government action that would discriminate, or would have

8 as its principal effect discrimination, against religious

9 groups or religious communities in the Russian Federation

10 in violation of accepted international agreements on

11 human rights and religious freedoms to which the Russian

12 Federation is a party.

13 GREENHOUSE GAS EMISSIONS

14 SEC. 571. (a) Funds made available in this Act to

15 support programs or activities promoting or assisting

16 country participation in the Kyoto Protocol to the Frame17 work Convention on Climate Change (FCCC) shall only

18 be made available subject to the regular notification proce19 dures of the Committees on Appropriations.

20 (b) The President shall provide a detailed account of

21 all Federal agency obligations and expenditures for cli22 mate change programs and activities, domestic and inter23 national obligations for such activities in fiscal year 2000,

24 and any plan for programs thereafter related to the imple25 mentation or the furtherance of protocols pursuant to, or

26 related to negotiations to amend the FCCC in conjunction
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1 with the President’s submission of the Budget of the

2 United States Government for Fiscal Year 2001: Pro3 vided, That such report shall include an accounting of ex4 penditures by agency with each agency identifying climate

5 change activities and associated costs by line item as pre6 sented in the President’s Budget Appendix.

7 AID TO THE GOVERNMENT OF THE DEMOCRATIC

8 REPUBLIC OF CONGO

9 SEC. 572. None of the funds appropriated or other10 wise made available by this Act may be provided to the

11 Central Government of the Democratic Republic of Congo.

12 EXPORT FINANCING TRANSFER AUTHORITIES

13 SEC. 573. Not to exceed 5 per centum of any appro14 priation other than for administrative expenses made

15 available for fiscal year 2000 for programs under title I

16 of this Act may be transferred between such appropria17 tions for use for any of the purposes, programs and activi18 ties for which the funds in such receiving account may

19 be used, but no such appropriation, except as otherwise

20 specifically provided, shall be increased by more than 25

21 per centum by any such transfer: Provided, That the exer22 cise of such authority shall be subject to the regular notifi23 cation procedures of the Committees on Appropriations.
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1 NEW INDEPENDENT STATES OF THE FORMER SOVIET

2 UNION

3 SEC. 574. (a) None of the funds appropriated under

4 the heading ‘‘Assistance for the New Independent States

5 of the Former Soviet Union’’ shall be made available for

6 assistance for a Government of the New Independent

7 States of the former Soviet Union—

8 (1) unless that Government is making progress

9 in implementing comprehensive economic reforms

10 based on market principles, private ownership, re11 spect for commercial contracts, and equitable treat12 ment of foreign private investment; and

13 (2) if that Government applies or transfers

14 United States assistance to any entity for the pur15 pose of expropriating or seizing ownership or control

16 of assets, investments, or ventures.

17 Assistance may be furnished without regard to this sub18 section if the President determines that to do so is in the

19 national interest.

20 (b) None of the funds appropriated under the heading

21 ‘‘Assistance for the New Independent States of the

22 Former Soviet Union’’ shall be made available for assist23 ance for a Government of the New Independent States of

24 the former Soviet Union if that government directs any

25 action in violation of the territorial integrity or national
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1 sovereignty of any other new independent state, such as

2 those violations included in the Helsinki Final Act: Pro3 vided, That such funds may be made available without re4 gard to the restriction in this subsection if the President

5 determines that to do so is in the national security interest

6 of the United States.

7 (c) None of the funds appropriated under the heading

8 ‘‘Assistance for the New Independent States of the

9 Former Soviet Union’’ shall be made available for any

10 state to enhance its military capability: Provided, That

11 this restriction does not apply to demilitarization,

12 demining or nonproliferation programs.

13 (d) Funds appropriated under the heading ‘‘Assist14 ance for the New Independent States of the Former Soviet

15 Union’’ shall be subject to the regular notification proce16 dures of the Committees on Appropriations.

17 (e) Funds made available in this Act for assistance

18 to the New Independent States of the former Soviet Union

19 shall be subject to the provisions of section 117 (relating

20 to environment and natural resources) of the Foreign As21 sistance Act of 1961.

22 (f) Funds appropriated in this or prior appropriations

23 Acts that are or have been made available for an Enter24 prise Fund in the New Independent States of the Former

25 Soviet Union may be deposited by such Fund in interest-
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1 bearing accounts prior to the disbursement of such funds

2 by the Fund for program purposes. The Fund may retain

3 for such program purposes any interest earned on such

4 deposits without returning such interest to the Treasury

5 of the United States and without further appropriation by

6 the Congress. Funds made available for Enterprise Funds

7 shall be expended at the minimum rate necessary to make

8 timely payment for projects and activities.

9 (g) In issuing new task orders, entering into con10 tracts, or making grants, with funds appropriated in this

11 Act or prior appropriations Acts under the heading ‘‘As12 sistance for the New Independent States of the Former

13 Soviet Union’’ for projects or activities that have as one

14 of their primary purposes the fostering of private sector

15 development, the Coordinator for United States Assistance

16 to the New Independent States and the implementing

17 agency shall encourage the participation of and give sig18 nificant weight to contractors and grantees who propose

19 investing a significant amount of their own resources (in20 cluding volunteer services and in-kind contributions) in

21 such projects and activities.

22 CUSTOMS ASSISTANCE

23 SEC. 575. Section 660(b) of the Foreign Assistance

24 Act of 1961 is amended by—

25 (1) striking the period at the end of paragraph

26 (6) and in lieu thereof inserting a semicolon; and
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1 (2) adding the following new paragraph:

2 ‘‘(7) with respect to assistance provided to

3 customs authorities and personnel, including

4 training, technical assistance and equipment,

5 for customs law enforcement and the improve6 ment of customs laws, systems and proce7 dures.’’.

8 VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES

9 OF THE U.S. AGENCY FOR INTERNATIONAL DEVEL10 OPMENT

11 SEC. 576. (a) DEFINITIONS.—For the purposes of

12 this section—

13 (1) the term ‘‘agency’’ means the United States

14 Agency for International Development;

15 (2) the term ‘‘Administrator’’ means the Ad16 ministrator, United States Agency for International

17 Development; and

18 (3) the term ‘‘employee’’ means an employee

19 (as defined by section 2105 of title 5, United States

20 Code) who is employed by the agency, is serving

21 under an appointment without time limitation, and

22 has been currently employed for a continuous period

23 of at least 3 years, but does not include—

24 (A) a reemployed annuitant under sub25 chapter III of chapter 83 or chapter 84 of title
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1 5, United States Code, or another retirement

2 system for employees of the agency;

3 (B) an employee having a disability on the

4 basis of which such employee is or would be eli5 gible for disability retirement under the applica6 ble retirement system referred to in subpara7 graph (A);

8 (C) an employee who is to be separated in9 voluntarily for misconduct or unacceptable per10 formance, and to whom specific notice has been

11 given with respect to that separation;

12 (D) an employee who has previously re13 ceived any voluntary separation incentive pay14 ment by the Government of the United States

15 under this section or any other authority and

16 has not repaid such payment;

17 (E) an employee covered by statutory re18 employment rights who is on transfer to an19 other organization; or

20 (F) any employee who, during the 24-

21 month period preceding the date of separation,

22 received a recruitment or relocation bonus

23 under section 5753 of title 5, United States

24 Code, or who, within the 12-month period pre25 ceding the date of separation, received a reten-
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1 tion allowance under section 5754 of such title

2 5.

3 (b) AGENCY STRATEGIC PLAN.—

4 (1) IN GENERAL.—The Administrator, before

5 obligating any resources for voluntary separation in6 centive payments under this section, shall submit to

7 the Office of Management and Budget a strategic

8 plan outlining the intended use of such incentive

9 payments and a proposed organizational chart for

10 the agency once such incentive payments have been

11 completed.

12 (2) CONTENTS.—The agency’s plan shall

13 include—

14 (A) the positions and functions to be re15 duced or eliminated, identified by organizational

16 unit, geographic location, occupational category

17 and grade level;

18 (B) the number and amounts of voluntary

19 separation incentive payments to be offered;

20 (C) a description of how the agency will

21 operate without the eliminated positions and

22 functions; and

23 (D) the time period during which incen24 tives may be paid.
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1 (3) APPROVAL.—The Director of the Office of

2 Management and Budget shall review the agency’s

3 plan and approve or disapprove the plan and may

4 make appropriate modifications in the plan with re5 spect to the coverage of incentives as described

6 under paragraph (2)(A), and with respect to the

7 matters described in paragraphs (2) (B) through

8 (D).

9 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARA10 TION INCENTIVE PAYMENTS.—

11 (1) IN GENERAL.—A voluntary separation in12 centive payment under this section may be paid by

13 the agency to employees of such agency and only to

14 the extent necessary to eliminate the positions and

15 functions identified by the strategic plan.

16 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

17 A voluntary separation incentive payment under this

18 section—

19 (A) shall be paid in a lump sum after the

20 employee’s separation;

21 (B) shall be paid from appropriations or

22 funds available for the payment of the basic pay

23 of the employees;

24 (C) shall be equal to the lesser of—
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1 (i) an amount equal to the amount

2 the employee would be entitled to receive

3 under section 5595(c) of title 5, United

4 States Code, if the employee were entitled

5 to payment under such section; or

6 (ii) an amount determined by the

7 agency head not to exceed $25,000;

8 (D) may not be made except in the case of

9 any employee who voluntarily separates (wheth10 er by retirement or resignation) on or before

11 December 31, 2000;

12 (E) shall not be a basis for payment, and

13 shall not be included in the computation, of any

14 other type of Government benefit; and

15 (F) shall not be taken into account in de16 termining the amount of any severance pay to

17 which the employee may be entitled under sec18 tion 5595 of title 5, United States Code, based

19 on any other separation.

20 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

21 RETIREMENT FUND.—

22 (1) IN GENERAL.—In addition to any other

23 payments which it is required to make under sub24 chapter III of chapter 83 or chapter 84 of title 5,

25 United States Code, the agency shall remit to the
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1 Office of Personnel Management for deposit in the

2 Treasury of the United States to the credit of the

3 Civil Service Retirement and Disability Fund an

4 amount equal to 15 percent of the final basic pay of

5 each employee of the agency who is covered under

6 subchapter III of chapter 83 or chapter 84 of title

7 5, United States Code, to whom a voluntary separa8 tion incentive has been paid under this section.

9 (2) DEFINITION.—For the purpose of para10 graph (1), the term ‘‘final basic pay’’, with respect

11 to an employee, means the total amount of basic pay

12 which would be payable for a year of service by such

13 employee, computed using the employee’s final rate

14 of basic pay, and, if last serving on other than a

15 full-time basis, with appropriate adjustment there16 for.

17 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

18 THE GOVERNMENT.—

19 (1) An individual who has received a voluntary

20 separation incentive payment under this section and

21 accepts any employment for compensation with the

22 Government of the United States, or who works for

23 any agency of the Government of the United States

24 through a personal services contract, within 5 years

25 after the date of the separation on which the pay-
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1 ment is based shall be required to pay, prior to the

2 individual’s first day of employment, the entire

3 amount of the incentive payment to the agency that

4 paid the incentive payment.

5 (2) If the employment under paragraph (1) is

6 with an Executive agency (as defined by section 105

7 of title 5, United States Code), the United States

8 Postal Service, or the Postal Rate Commission, the

9 Director of the Office of Personnel Management

10 may, at the request of the head of the agency, waive

11 the repayment if the individual involved possesses

12 unique abilities and is the only qualified applicant

13 available for the position.

14 (3) If the employment under paragraph (1) is

15 with an entity in the legislative branch, the head of

16 the entity or the appointing official may waive the

17 repayment if the individual involved possesses

18 unique abilities and is the only qualified applicant

19 available for the position.

20 (4) If the employment under paragraph (1) is

21 with the judicial branch, the Director of the Admin22 istrative Office of the United States Courts may

23 waive the repayment if the individual involved pos24 sesses unique abilities and is the only qualified appli25 cant for the position.
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1 (f) REDUCTION OF AGENCY EMPLOYMENT LEV2 ELS.—

3 (1) IN GENERAL.—The total number of funded

4 employee positions in the agency shall be reduced by

5 one position for each vacancy created by the separa6 tion of any employee who has received, or is due to

7 receive, a voluntary separation incentive payment

8 under this section. For the purposes of this sub9 section, positions shall be counted on a full-time10 equivalent basis.

11 (2) ENFORCEMENT.—The President, through

12 the Office of Management and Budget, shall monitor

13 the agency and take any action necessary to ensure

14 that the requirements of this subsection are met.

15 (g) REGULATIONS.—The Office of Personnel Man16 agement may prescribe such regulations as may be nec17 essary to implement this section.

18 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

19 AUTHORITY

20 SEC. 577. (a) PROHIBITION OF FUNDS.—None of the

21 funds appropriated by this Act to carry out the provisions

22 of chapter 4 of part II of the Foreign Assistance Act of

23 1961 may be obligated or expended with respect to pro24 viding funds to the Palestinian Authority.

25 (b) WAIVER.—The prohibition included in subsection

26 (a) shall not apply if the President certifies in writing to
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1 the Speaker of the House of Representatives and the

2 President pro tempore of the Senate that waiving such

3 prohibition is important to the national security interests

4 of the United States: Provided, That if such waiver is exer5 cised, such funds shall be subject to the regular notifica6 tion procedures of the Committees on Appropriations.

7 (c) PERIOD OF APPLICATION OF WAIVER.—Any

8 waiver pursuant to subsection (b) shall be effective for no

9 more than a period of six months at a time and shall not

10 apply beyond twelve months after enactment of this Act.

11 SANCTIONS AGAINST SERBIA

12 SEC. 578. (a) CONTINUATION OF EXECUTIVE

13 BRANCH SANCTIONS.—The sanctions listed in subsection

14 (b) shall remain in effect until January 1, 2001, unless

15 the President submits to the Committees on Appropria16 tions and Foreign Relations in the Senate and the Com17 mittees on Appropriations and International Relations of

18 the House of Representatives a certification described in

19 subsection (c).

20 (b) APPLICABLE SANCTIONS.—

21 (1) The Secretary of the Treasury shall instruct

22 the United States executive directors of the inter23 national financial institutions to work in opposition

24 to, and vote against, any extension by such institu25 tions of any financial or technical assistance or
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1 grants of any kind to the government of Serbia-Mon2 tenegro.

3 (2) The Secretary of State should instruct the

4 United States Ambassador to the Organization for

5 Security and Cooperation in Europe (OSCE) to

6 block any consensus to allow the participation of

7 Serbia-Montenegro in the OSCE or any organization

8 affiliated with the OSCE.

9 (3) The Secretary of State should instruct the

10 United States Representative to the United Nations

11 to vote against any resolution in the United Nations

12 Security Council to admit Serbia-Montenegro to the

13 United Nations or any organization affiliated with

14 the United Nations, to veto any resolution to allow

15 Serbia-Montenegro to assume the United Nations’

16 membership of the former Socialist Federal Republic

17 of Yugoslavia, and to take action to prevent Serbia18 Montenegro from assuming the seat formerly occu19 pied by the Socialist Federal Republic of Yugoslavia.

20 (4) The Secretary of State should instruct the

21 United States Permanent Representative on the

22 Council of the North Atlantic Treaty Organization

23 to oppose the extension of the Partnership for Peace

24 program or any other organization affiliated with

25 NATO to Serbia-Montenegro.
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1 (5) The Secretary of State should instruct the

2 United States Representatives to the Southeast Eu3 ropean Cooperative Initiative (SECI) to oppose and

4 to work to prevent the extension of SECI member5 ship to Serbia-Montenegro.

6 (c) CERTIFICATION.—A certification described in this

7 subsection is a certification that—

8 (1) the representatives of the successor states

9 to the Socialist Federal Republic of Yugoslavia have

10 successfully negotiated the division of assets and li11 abilities and all other succession issues following the

12 dissolution of the Socialist Federal Republic of

13 Yugoslavia;

14 (2) the government of Serbia-Montenegro is

15 fully complying with its obligations as a signatory to

16 the General Framework Agreement for Peace in

17 Bosnia and Herzegovina;

18 (3) the government of Serbia-Montenegro is

19 fully cooperating with and providing unrestricted ac20 cess to the International Criminal Tribunal for the

21 former Yugoslavia, including surrendering persons

22 indicted for war crimes who are within the jurisdic23 tion of the territory of Serbia-Montenegro, and with

24 the investigations concerning the commission of war

25 crimes and crimes against humanity in Kosova;
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1 (4) the government of Serbia-Montenegro is im2 plementing internal democratic reforms; and

3 (5) Serbian, Serbian-Montenegrin federal gov4 ernmental officials, and representatives of the ethnic

5 Albanian community in Kosova have agreed on,

6 signed, and begun implementation of a negotiated

7 settlement on the future status of Kosova.

8 (d) STATEMENT OF POLICY.—It is the sense of the

9 Congress that the United States should not restore full

10 diplomatic relations with Serbia-Montenegro until the

11 President submits to the Committees on Appropriations

12 and Foreign Relations in the Senate and the Committees

13 on Appropriations and International Relations in the

14 House of Representatives the certification described in

15 subsection (c).

16 (e) EXEMPTION OF MONTENEGRO.—The sanctions

17 described in subsection (b)(1) should not apply to the gov18 ernment of Montenegro or Kosova.

19 (f) DEFINITION.—The term ‘‘international financial

20 institution’’ includes the International Monetary Fund,

21 the International Bank for Reconstruction and Develop22 ment, the International Development Association, the

23 International Finance Corporation, the Multilateral In24 vestment Guaranty Agency, and the European Bank for

25 Reconstruction and Development.
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1 (g) WAIVER AUTHORITY.—

2 (1) The President may waive the application in

3 whole or in part, of any sanction described in sub4 section (b) if the President certifies to the Congress

5 that the President has determined that the waiver is

6 necessary to meet emergency humanitarian needs or

7 to achieve a negotiated settlement of the conflict in

8 Kosova that is acceptable to the parties.

9 (2) Such a wavier may only be effective upon

10 certification by the President to Congress that the

11 United States has transferred and will continue to

12 transfer (subject to adequate protection of intel13 ligence sources and methods) to the International

14 Criminal Tribunal for the former Yugoslavia all in15 formation it has collected in support of an indict16 ment and trial of President Slobodan Milosevic for

17 war crimes, crimes against humanity, or genocide.

18 (3) In the event of a waiver, within seven days

19 the President must report the basis upon which the

20 waiver was made to the Select Committee on Intel21 ligence and the Committee on Foreign Relations in

22 the Senate, and the Permanent Select Committee on

23 Intelligence and the Committee on International Re24 lations in the House of Representatives.
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1 CLEAN COAL TECHNOLOGY

2 SEC. 579. (a) FINDINGS.—The Congress finds as fol3 lows:

4 (1) The United States is the world leader in the

5 development of environmental technologies, particu6 larly clean coal technology.

7 (2) Severe pollution problems affecting people

8 in developing countries, and the serious health prob9 lems that result from such pollution, can be effec10 tively addressed through the application of United

11 States technology.

12 (3) During the next century, developing coun13 tries, particularly countries in Asia such as China

14 and India, will dramatically increase their consump15 tion of electricity, and low quality coal will be a

16 major source of fuel for power generation.

17 (4) Without the use of modern clean coal tech18 nology, the resultant pollution will cause enormous

19 health and environmental problems leading to dimin20 ished economic growth in developing countries and,

21 thus, diminished United States exports to those

22 growing markets.

23 (b) STATEMENT OF POLICY.—It is the policy of the

24 United States to promote the export of United States

25 clean coal technology. In furtherance of that policy, the
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1 Secretary of State, the Secretary of the Treasury (acting

2 through the United States executive directors to inter3 national financial institutions), the Secretary of Energy,

4 and the Administrator of the United States Agency for

5 International Development (USAID) should, as appro6 priate, vigorously promote the use of United States clean

7 coal technology in environmental and energy infrastruc8 ture programs, projects and activities. Programs, projects

9 and activities for which the use of such technology should

10 be considered include reconstruction assistance for the

11 Balkans, activities carried out by the Global Environ12 mental Facility, and activities funded from USAID’s De13 velopment Credit Authority.

14 This Act may be cited as the ‘‘Foreign Operations,

15 Export Financing, and Related Programs Appropriations

16 Act, 2000’’.
Calendar No. 159

106TH CONGRESS

1ST SESSION S. 1234

[Report No. 106–81]

A BILL

Making appropriations for foreign operations, exother purposes. cal year ending September 30, 2000, and for port financing, and related programs for the fisJUNE 17, 1999

Read twice and placed on the calendar