106TH CONGRESS

2D SESSION H. R. 4811

AN ACT

Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2001, and for

other purposes.

106TH CONGRESS

2D SESSION H. R. 4811

AN ACT

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

September 30, 2001, 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,
2

•HR 4811 EH

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2001, and for other pur4 poses, namely:

5 TITLE I—EXPORT AND INVESTMENT

6 ASSISTANCE

7 EXPORT-IMPORT BANK OF THE UNITED STATES

8 The Export-Import Bank of the United States is au9 thorized to make such expenditures within the limits of

10 funds and borrowing authority available to such corpora11 tion, and in accordance with law, and to make such con12 tracts and commitments without regard to fiscal year limi13 tations, as provided by section 104 of the Government

14 Corporation Control Act, as may be necessary in carrying

15 out the program for the current fiscal year for such cor16 poration: Provided, That none of the funds available dur17 ing the current fiscal year may be used to make expendi18 tures, contracts, or commitments for the export of nuclear

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

20 a nuclear-weapon state as defined in Article IX of the

21 Treaty on the Non-Proliferation of Nuclear Weapons eligi22 ble to receive economic or military assistance under this

23 Act that has detonated a nuclear explosive after the date

24 of the enactment of this Act.
3

•HR 4811 EH

1 SUBSIDY APPROPRIATION

2 For the cost of direct loans, loan guarantees, insur3 ance, and tied-aid grants as authorized by section 10 of

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

5 $825,000,000 (reduced by $82,500,000) to remain avail6 able until September 30, 2004: Provided, That such costs,

7 including the cost of modifying such loans, shall be as de8 fined in section 502 of the Congressional Budget Act of

9 1974: Provided further, That such sums shall remain

10 available until September 30, 2019 for the disbursement

11 of direct loans, loan guarantees, insurance and tied-aid

12 grants obligated in fiscal years 2001, 2002, 2003, and

13 2004: Provided further, That none of the funds appro14 priated by this Act or any prior Act appropriating funds

15 for foreign operations, export financing, or related pro16 grams for tied-aid credits or grants may be used for any

17 other purpose except through the regular notification pro18 cedures of the Committees on Appropriations: Provided

19 further, That funds appropriated by this paragraph are

20 made available notwithstanding section 2(b)(2) of the Ex21 port Import Bank Act of 1945, in connection with the pur22 chase or lease of any product by any East European coun23 try, any Baltic State or any agency or national thereof.

24 ADMINISTRATIVE EXPENSES

25 For administrative expenses to carry out the direct

26 and guaranteed loan and insurance programs (to be com-
4

•HR 4811 EH

1 puted on an accrual basis), including hire of passenger

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

3 3109, and not to exceed $30,000 for official reception and

4 representation expenses for members of the Board of Di5 rectors, $62,000,000 (reduced by $7,000,000): Provided,

6 That necessary expenses (including special services per7 formed on a contract or fee basis, but not including other

8 personal services) in connection with the collection of mon9 eys owed the Export-Import Bank, repossession or sale of

10 pledged collateral or other assets acquired by the Export11 Import Bank in satisfaction of moneys owed the Export12 Import Bank, or the investigation or appraisal of any

13 property, or the evaluation of the legal or technical aspects

14 of any transaction for which an application for a loan,

15 guarantee or insurance commitment has been made, shall

16 be considered nonadministrative expenses for the purposes

17 of this heading: Provided further, That, notwithstanding

18 subsection (b) of section 117 of the Export Enhancement

19 Act of 1992, subsection (a) thereof shall remain in effect

20 until October 1, 2001.

21 OVERSEAS PRIVATE INVESTMENT CORPORATION

22 NONCREDIT ACCOUNT

23 The Overseas Private Investment Corporation is au24 thorized to make, without regard to fiscal year limitations,

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

26 commitments within the limits of funds available to it and
5

•HR 4811 EH

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

2 That the amount available for administrative expenses to

3 carry out the credit and insurance programs (including an

4 amount for official reception and representation expenses

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

6 $37,000,000: Provided further, That project-specific trans7 action costs, including direct and indirect costs incurred

8 in claims settlements, and other direct costs associated

9 with services provided to specific investors or potential in10 vestors pursuant to section 234 of the Foreign Assistance

11 Act of 1961, shall not be considered administrative ex12 penses for the purposes of this heading.

13 PROGRAM ACCOUNT

14 For the cost of direct and guaranteed loans,

15 $24,000,000, as authorized by section 234 of the Foreign

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

17 Overseas Private Investment Corporation noncredit ac18 count: Provided, That such costs, including the cost of

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

20 of the Congressional Budget Act of 1974: Provided fur21 ther, That such sums shall be available for direct loan obli22 gations and loan guaranty commitments incurred or made

23 during fiscal years 2001 and 2002: Provided further, That

24 such sums shall remain available through fiscal year 2010

25 for the disbursement of direct and guaranteed loans obli26 gated in fiscal years 2001 and 2002: Provided further,
6

•HR 4811 EH

1 That in addition, such sums as may be necessary for ad2 ministrative expenses to carry out the credit program may

3 be derived from amounts available for administrative ex4 penses to carry out the credit and insurance programs in

5 the Overseas Private Investment Corporation Noncredit

6 Account and merged with said account: Provided further,

7 That funds made available under this heading or in prior

8 appropriations Acts that are available for the cost of fi9 nancing under section 234 of the Foreign Assistance Act

10 of 1961, shall be available for purposes of section 234(g)

11 of such Act, to remain available until expended.

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 TRADE AND DEVELOPMENT AGENCY

14 For necessary expenses to carry out the provisions

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

16 $46,000,000, to remain available until September 30,

17 2002.

18 TITLE II—BILATERAL ECONOMIC ASSISTANCE

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 For expenses necessary to enable the President to

21 carry out the provisions of the Foreign Assistance Act of

22 1961, and for other purposes, to remain available until

23 September 30, 2001, unless otherwise specified herein, as

24 follows:
7

•HR 4811 EH

1 AGENCY FOR INTERNATIONAL DEVELOPMENT

2 CHILD SURVIVAL AND DISEASE PROGRAMS FUND

3 For necessary expenses to carry out the provisions

4 of chapters 1 and 10 of part I of the Foreign Assistance

5 Act of 1961, for child survival, basic education, assistance

6 to combat tropical and other infectious diseases, and re7 lated activities, in addition to funds otherwise available for

8 such purposes, $834,000,000 (increased by $10,000,000)

9 (increased by $42,000,000), to remain available until ex10 pended: Provided, That this amount shall be made avail11 able for such activities as: (1) immunization programs; (2)

12 oral rehydration programs; (3) health and nutrition pro13 grams, and related education programs, which address the

14 needs of mothers and children; (4) water and sanitation

15 programs; (5) assistance for displaced and orphaned chil16 dren; (6) programs for the prevention, treatment, and con17 trol of, and research on, tuberculosis, HIV/AIDS, polio,

18 malaria and other infectious diseases; and (7) basic edu19 cation programs for children: Provided further, That none

20 of the funds appropriated under this heading may be made

21 available for nonproject assistance, except that funds may

22 be made available for such assistance for ongoing health

23 programs: Provided further, of the funds appropriated

24 under this heading, not to exceed $125,000, in addition

25 to funds otherwise available for such purposes, may be

26 used to monitor and provide oversight of child survival,
8

•HR 4811 EH

1 maternal health, and infectious disease programs: Pro2 vided further, That the following amounts should be allo3 cated as follows: $290,000,000 for child survival and ma4 ternal health; $30,000,000 for vulnerable children;

5 $202,000,000 (increased by $10,000,000) (increased by

6 $42,000,000) for HIV/AIDS; $99,000,000 for other infec7 tious diseases; $103,000,000 for children’s basic edu8 cation; and $110,000,000 for UNICEF: Provided further,

9 That of the funds appropriated under this heading, up to

10 $37,500,000 may be made available for a United States

11 contribution to the Global Fund for Children’s Vaccines.

12 DEVELOPMENT ASSISTANCE

13 For necessary expenses to carry out the provisions

14 of sections 103 through 106, and chapter 10 of part I

15 of the Foreign Assistance Act of 1961, title V of the Inter16 national Security and Development Cooperation Act of

17 1980 (Public Law 96–533) and the provisions of section

18 401 of the Foreign Assistance Act of 1969,

19 $1,258,000,000, to remain available until September 30,

20 2002: Provided, That of the amount appropriated under

21 this heading, up to $10,000,000 may be made available

22 for and apportioned directly to the Inter-American Foun23 dation: Provided further, That of the amount appropriated

24 under this heading, up to $16,000,000 may be made avail25 able for the African Development Foundation and shall

26 be apportioned directly to that agency: Provided further,
9

•HR 4811 EH

1 That none of the funds made available in this Act nor

2 any unobligated balances from prior appropriations may

3 be made available to any organization or program which,

4 as determined by the President of the United States, sup5 ports or participates in the management of a program of

6 coercive abortion or involuntary sterilization: Provided fur7 ther, That none of the funds made available under this

8 heading may be used to pay for the performance of abor9 tion as a method of family planning or to motivate or co10 erce any person to practice abortions; and that in order

11 to reduce reliance on abortion in developing nations, funds

12 shall be available only to voluntary family planning

13 projects which offer, either directly or through referral to,

14 or information about access to, a broad range of family

15 planning methods and services, and that any such vol16 untary family planning project shall meet the following re17 quirements: (1) service providers or referral agents in the

18 project shall not implement or be subject to quotas, or

19 other numerical targets, of total number of births, number

20 of family planning acceptors, or acceptors of a particular

21 method of family planning (this provision shall not be con22 strued to include the use of quantitative estimates or indi23 cators for budgeting and planning purposes); (2) the

24 project shall not include payment of incentives, bribes,

25 gratuities, or financial reward to: (A) an individual in ex-
10

•HR 4811 EH

1 change for becoming a family planning acceptor; or (B)

2 program personnel for achieving a numerical target or

3 quota of total number of births, number of family planning

4 acceptors, or acceptors of a particular method of family

5 planning; (3) the project shall not deny any right or ben6 efit, including the right of access to participate in any pro7 gram of general welfare or the right of access to health

8 care, as a consequence of any individual’s decision not to

9 accept family planning services; (4) the project shall pro10 vide family planning acceptors comprehensible information

11 on the health benefits and risks of the method chosen, in12 cluding those conditions that might render the use of the

13 method inadvisable and those adverse side effects known

14 to be consequent to the use of the method; and (5) the

15 project shall ensure that experimental contraceptive drugs

16 and devices and medical procedures are provided only in

17 the context of a scientific study in which participants are

18 advised of potential risks and benefits; and, not less than

19 60 days after the date on which the Administrator of the

20 United States Agency for International Development de21 termines that there has been a violation of the require22 ments contained in paragraph (1), (2), (3), or (5) of this

23 proviso, or a pattern or practice of violations of the re24 quirements contained in paragraph (4) of this proviso, the

25 Administrator shall submit to the Committee on Inter-
11

•HR 4811 EH

1 national Relations and the Committee on Appropriations

2 of the House of Representatives and to the Committee on

3 Foreign Relations and the Committee on Appropriations

4 of the Senate, a report containing a description of such

5 violation and the corrective action taken by the Agency:

6 Provided further, That in awarding grants for natural

7 family planning under section 104 of the Foreign Assist8 ance 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 none of the funds

23 appropriated under this heading may be made available

24 for any activity which is in contravention to the Conven25 tion on International Trade in Endangered Species of
12

•HR 4811 EH

1 Flora and Fauna (CITES): Provided further, That of the

2 funds appropriated under this heading that are made

3 available for assistance programs for displaced and or4 phaned children and victims of war, not to exceed

5 $25,000, in addition to funds otherwise available for such

6 purposes, may be used to monitor and provide oversight

7 of such programs.

8 LEBANON

9 Of the funds appropriated under the headings ‘‘De10 velopment Assistance’’ and ‘‘Economic Support Fund’’,

11 not less than $18,000,000 should be made available for

12 Lebanon to be used, among other programs, for scholar13 ships and direct support of the American educational insti14 tutions in Lebanon.

15 PRIVATE AND VOLUNTARY ORGANIZATIONS

16 None of the funds appropriated or otherwise made

17 available by this Act for development assistance may be

18 made available to any United States private and voluntary

19 organization, except any cooperative development organi20 zation, which obtains less than 20 percent of its total an21 nual funding for international activities from sources other

22 than the United States Government: Provided, That the

23 Administrator of the Agency for International Develop24 ment, after notification to the Committees on Appropria25 tions, may, on a case-by-case basis, waive the restriction

26 contained in this paragraph, after taking into account the
13

•HR 4811 EH

1 effectiveness of the overseas development activities of the

2 organization, its level of volunteer support, its financial

3 viability and stability, and the degree of its dependence

4 for its financial support on the agency.

5 Funds appropriated or otherwise made available

6 under title II of this Act should be made available to pri7 vate and voluntary organizations at a level which is at

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

9 INTERNATIONAL DISASTER ASSISTANCE

10 For necessary expenses for international disaster re11 lief, rehabilitation, and reconstruction assistance pursuant

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

13 amended, $165,000,000, to remain available until ex14 pended.

15 TRANSITION INITIATIVES

16 For necessary expenses for international disaster re17 habilitation and reconstruction assistance pursuant to sec18 tion 491 of the Foreign Assistance Act of 1961,

19 $40,000,000, to remain available until expended, to sup20 port transition to democracy and to long-term develop21 ment of countries in crisis: Provided, That such support

22 may include assistance to develop, strengthen, or preserve

23 democratic institutions and processes, revitalize basic in24 frastructure, and foster the peaceful resolution of conflict:

25 Provided further, That the United States Agency for Inter26 national Development shall submit a report to the Com-
14

•HR 4811 EH

1 mittees on Appropriations at least 5 days prior to begin2 ning a program of assistance.

3 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

4 ACCOUNT

5 For the cost of direct loans and loan guarantees,

6 $1,500,000, as authorized by section 108 of the Foreign

7 Assistance Act of 1961: Provided, That such costs shall

8 be as defined in section 502 of the Congressional Budget

9 Act of 1974: Provided further, That guarantees of loans

10 made under this heading in support of microenterprise ac11 tivities may guarantee up to 70 percent of the principal

12 amount of any such loans notwithstanding section 108 of

13 the Foreign Assistance Act of 1961. In addition, for ad14 ministrative expenses to carry out programs under this

15 heading, $500,000, all of which may be transferred to and

16 merged with the appropriation for Operating Expenses of

17 the Agency for International Development: Provided fur18 ther, That funds made available under this heading shall

19 remain available until September 30, 2002.

20 DEVELOPMENT CREDIT PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct loans and loan guarantees,

23 $1,500,000, as authorized by section 635 of the Foreign

24 Assistance Act of 1961: Provided, That such funds shall

25 be made available only for urban and environmental pro26 grams: Provided further, That for the cost of direct loans
15

•HR 4811 EH

1 and loan guarantees, up to $2,000,000 of funds appro2 priated by this Act under the heading ‘‘Development As3 sistance’’, may be transferred to and merged with funds

4 appropriated under this heading to be made available for

5 the purposes of part I of the Foreign Assistance Act of

6 1961: Provided further, That such costs shall be as defined

7 in section 502 of the Congressional Budget Act of 1974:

8 Provided further, That the provisions of section 107A(d)

9 (relating to general provisions applicable to the Develop10 ment Credit Authority) of the Foreign Assistance Act of

11 1961, as contained in section 306 of H.R. 1486 as re12 ported by the House Committee on International Relations

13 on May 9, 1997, shall be applicable to direct loans and

14 loan guarantees provided under this heading. In addition,

15 for administrative expenses to carry out credit programs

16 administered by the Agency for International Develop17 ment, $6,495,000, all of which may be transferred to and

18 merged with the appropriation for Operating Expenses of

19 the Agency for International Development: Provided fur20 ther, That funds appropriated under this heading shall re21 main available until September 30, 2002.

22 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

23 DISABILITY FUND

24 For payment to the ‘‘Foreign Service Retirement and

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

26 Act of 1980, $44,489,000.
16

•HR 4811 EH

1 OPERATING EXPENSES OF THE AGENCY FOR

2 INTERNATIONAL DEVELOPMENT

3 For necessary expenses to carry out the provisions

4 of section 667, $509,000,000: Provided, That, none of the

5 funds appropriated under this heading may be made avail6 able to finance the construction (including architect and

7 engineering services), purchase, or long term lease of of8 fices for use by the Agency for International Development,

9 unless the Administrator has identified such proposed con10 struction (including architect and engineering services),

11 purchase, or long term lease of offices in a report sub12 mitted to the Committees on Appropriations at least 15

13 days prior to the obligation of these funds for such pur14 poses: Provided further, That the previous proviso shall

15 not apply where the total cost of construction (including

16 architect and engineering services), purchase, or long term

17 lease of offices does not exceed $1,000,000.

18 OPERATING EXPENSES OF THE AGENCY FOR INTER19 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

20 GENERAL

21 For necessary expenses to carry out the provisions

22 of section 667, $27,000,000, to remain available until Sep23 tember 30, 2002, which sum shall be available for the Of24 fice of the Inspector General of the Agency for Inter25 national Development.
17

•HR 4811 EH

1 OTHER BILATERAL ECONOMIC ASSISTANCE

2 ECONOMIC SUPPORT FUND

3 For necessary expenses to carry out the provisions

4 of chapter 4 of part II, $2,208,900,000, to remain avail5 able until September 30, 2002: Provided, That of the

6 funds appropriated under this heading, not to exceed

7 $840,000,000 shall be available only for Israel, which sum

8 shall be available on a grant basis as a cash transfer and

9 shall be disbursed within 30 days of the enactment of this

10 Act or by October 31, 2000, whichever is later: Provided

11 further, That not to exceed $695,000,000 shall be avail12 able only for Egypt, which sum shall be provided on a

13 grant basis, and of which sum cash transfer assistance

14 shall be provided with the understanding that Egypt will

15 undertake significant economic reforms which are addi16 tional to those which were undertaken in previous fiscal

17 years: Provided further, That in exercising the authority

18 to provide cash transfer assistance for Israel, the Presi19 dent shall ensure that the level of such assistance does

20 not cause an adverse impact on the total level of non21 military exports from the United States to such country

22 and that Israel enters into a side letter agreement at least

23 equivalent to the fiscal year 1999 agreement: Provided fur24 ther, That of the funds appropriated under this heading

25 not less than $12,000,000 should be made available for
18

•HR 4811 EH

1 assistance for Mongolia: Provided further, That none of

2 the funds appropriated under this heading shall be obli3 gated for regional or global programs, except as provided

4 through the regular notification procedures of the Com5 mittees on Appropriations.

6 INTERNATIONAL FUND FOR IRELAND

7 For necessary expenses to carry out the provisions

8 of chapter 4 of part II of the Foreign Assistance Act of

9 1961, $25,000,000, which shall be available for the United

10 States contribution to the International Fund for Ireland

11 and shall be made available in accordance with the provi12 sions of the Anglo-Irish Agreement Support Act of 1986

13 (Public Law 99–415): Provided, That such amount shall

14 be expended at the minimum rate necessary to make time15 ly payment for projects and activities: Provided further,

16 That funds made available under this heading shall re17 main available until September 30, 2002.

18 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

19 STATES

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

21 of the Foreign Assistance Act of 1961 and the Support

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

23 $535,000,000, to remain available until September 30,

24 2002, which shall be available, notwithstanding any other

25 provision of law, for assistance and for related programs

26 for Eastern Europe and the Baltic States: Provided, That
19

•HR 4811 EH

1 of the funds appropriated under this heading not less than

2 $5,000,000 should be made available for assistance for the

3 Baltic States: Provided further, That funds made available

4 for assistance for Kosovo from funds appropriated under

5 this heading and under the headings ‘‘Economic Support

6 Fund’’ and ‘‘International Narcotics Control and Law En7 forcement’’ shall not exceed 15 percent of the total re8 sources pledged by all donors for calendar year 2001 for

9 assistance for Kosovo as of January 1, 2001, and shall

10 not exceed $150,000,000: Provided further, That none of

11 the funds made available under this Act for assistance for

12 Kosovo shall be made available for large scale physical in13 frastructure reconstruction.

14 (b) Funds appropriated under this heading or in prior

15 appropriations Acts that are or have been made available

16 for an Enterprise Fund may be deposited by such Fund

17 in interest-bearing accounts prior to the Fund’s disburse18 ment of such funds for program purposes. The Fund may

19 retain for such program purposes any interest earned on

20 such deposits without returning such interest to the Treas21 ury of the United States and without further appropria22 tion by the Congress. Funds made available for Enterprise

23 Funds shall be expended at the minimum rate necessary

24 to make timely payment for projects and activities.
20

•HR 4811 EH

1 (c) Funds appropriated under this heading shall be

2 considered to be economic assistance under the Foreign

3 Assistance Act of 1961 for purposes of making available

4 the administrative authorities contained in that Act for

5 the use of economic assistance.

6 (d) None of the funds appropriated under this head7 ing may be made available for new housing construction

8 or repair or reconstruction of existing housing in Bosnia

9 and Herzegovina unless directly related to the efforts of

10 United States troops to promote peace in said country.

11 (e) With regard to funds appropriated under this

12 heading for the economic revitalization program in Bosnia

13 and Herzegovina, and local currencies generated by such

14 funds (including the conversion of funds appropriated

15 under this heading into currency used by Bosnia and

16 Herzegovina as local currency and local currency returned

17 or repaid under such program) the Administrator of the

18 Agency for International Development shall provide writ19 ten approval for grants and loans prior to the obligation

20 and expenditure of funds for such purposes, and prior to

21 the use of funds that have been returned or repaid to any

22 lending facility or grantee.

23 (f ) The provisions of section 532 of this Act shall

24 apply to funds made available under subsection (e) and

25 to funds appropriated under this heading: Provided, That
21

•HR 4811 EH

1 notwithstanding this subsection and subsection (e), and

2 notwithstanding section 532 of this Act, local currencies

3 generated by, or converted from, funds appropriated by

4 this Act and by previous appropriations Acts and made

5 available for the economic revitalization program in Bos6 nia may be used in Eastern Europe and the Baltic States

7 to carry out the provisions of the Foreign Assistance Act

8 of 1961 and the Support for East European Democracy

9 (SEED) Act of 1989: Provided further, That the use of

10 such local currencies shall be subject to the regular notifi11 cation procedures of the Committees on Appropriations.

12 (g) The President is authorized to withhold funds ap13 propriated under this heading made available for economic

14 revitalization programs in Bosnia and Herzegovina, if he

15 determines and certifies to the Committees on Appropria16 tions that the Federation of Bosnia and Herzegovina has

17 not complied with article III of annex 1–A of the General

18 Framework Agreement for Peace in Bosnia and

19 Herzegovina concerning the withdrawal of foreign forces,

20 and that intelligence cooperation on training, investiga21 tions, and related activities between Iranian officials and

22 Bosnian officials has not been terminated.

23 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

24 FORMER SOVIET UNION

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

26 of chapters 11 and 12 of part I of the Foreign Assistance
22

•HR 4811 EH

1 Act of 1961 and the FREEDOM Support Act, for assist2 ance for the Independent States of the former Soviet

3 Union and for related programs, $740,000,000, to remain

4 available until September 30, 2002: Provided, That the

5 provisions of such chapters shall apply to funds appro6 priated by this paragraph: Provided further, That such

7 sums as may be necessary may be transferred to the Ex8 port-Import Bank of the United States for the cost of any

9 financing under the Export-Import Bank Act of 1945 for

10 activities for the Independent States: Provided further,

11 That of the funds made available for the Southern

12 Caucasus region, 15 percent should be used for con13 fidence-building measures and other activities in further14 ance of the peaceful resolution of the regional conflicts,

15 especially those in the vicinity of Abkhazia and Nagorno16 Karabagh.

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

18 less than 12.5 percent should be made available for assist19 ance for Georgia.

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

21 less than 12.5 percent should be made available for assist22 ance for Armenia.

23 (d) Section 907 of the FREEDOM Support Act shall

24 not apply to—
23

•HR 4811 EH

1 (1) activities to support democracy or assist2 ance under title V of the FREEDOM Support Act

3 and section 1424 of Public Law 104–201;

4 (2) any assistance provided by the Trade and

5 Development Agency under section 661 of the For6 eign Assistance Act of 1961 (22 U.S.C. 2421);

7 (3) any activity carried out by a member of the

8 United States and Foreign Commercial Service while

9 acting within his or her official capacity;

10 (4) any insurance, reinsurance, guarantee, or

11 other assistance provided by the Overseas Private

12 Investment Corporation under title IV of chapter 2

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

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

15 (5) any financing provided under the Export16 Import Bank Act of 1945; or

17 (6) humanitarian assistance.

18 (e) Not more than 25 percent of the funds appro19 priated under this heading may be made available for as20 sistance for any country in the region. Activities author21 ized under title V (nonproliferation and disarmament pro22 grams and activities) of the FREEDOM Support Act shall

23 not be counted against the 25 percent limitation.

24 (f)(1) Of the funds appropriated under this heading

25 that are allocated for assistance for the Government of
24

•HR 4811 EH

1 the Russian Federation, 50 percent shall be withheld from

2 obligation until the President determines and certifies in

3 writing to the Committees on Appropriations that the Gov4 ernment of the Russian Federation has terminated imple5 mentation of arrangements to provide Iran with technical

6 expertise, training, technology, or equipment necessary to

7 develop a nuclear reactor, related nuclear research facili8 ties or programs, or ballistic missile capability.

9 (2) Paragraph (1) shall not apply to—

10 (A) assistance to combat infectious diseases and

11 child survival activities; and

12 (B) activities authorized under title V (Non13 proliferation and Disarmament Programs and Ac14 tivities) of the FREEDOM Support Act.

15 (g) None of the funds appropriated under this head16 ing may be made available for assistance for the Govern17 ment of the Russian Federation until the Secretary of

18 State certifies to the Committees on Appropriations that

19 the Russian Federation is in compliance with article V of

20 the Treaty on Conventional Armed Forces in Europe re21 garding forces deployed in the flank zone in and around

22 Chechnya.

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

24 less than $45,000,000 should be made available, in addi25 tion to funds otherwise available for such purposes, for
25

•HR 4811 EH

1 assistance for child survival, environmental health, and to

2 combat infectious diseases, and for related activities.

3 INDEPENDENT AGENCY

4 PEACE CORPS

5 For necessary expenses to carry out the provisions

6 of the Peace Corps Act (75 Stat. 612), $258,000,000, in7 cluding the purchase of not to exceed five passenger motor

8 vehicles for administrative purposes for use outside of the

9 United States: Provided, That none of the funds appro10 priated under this heading shall be used to pay for abor11 tions: Provided further, That funds appropriated under

12 this heading shall remain available until September 30,

13 2002.

14 DEPARTMENT OF STATE

15 INTERNATIONAL NARCOTICS CONTROL AND LAW

16 ENFORCEMENT

17 For necessary expenses to carry out section 481 of

18 the Foreign Assistance Act of 1961, $305,000,000, to re19 main available until expended: Provided, That any funds

20 made available under this heading for anti-crime programs

21 and activities shall be made available subject to the reg22 ular notification procedures of the Committees on Appro23 priations: Provided further, That during fiscal year 2001,

24 the Department of State may also use the authority of

25 section 608 of the Foreign Assistance Act of 1961, with-
26

•HR 4811 EH

1 out regard to its restrictions, to receive excess property

2 from an agency of the United States Government for the

3 purpose of providing it to a foreign country under chapter

4 8 of part I of that Act subject to the regular notification

5 procedures of the Committees on Appropriations.

6 MIGRATION AND REFUGEE ASSISTANCE

7 For expenses, not otherwise provided for, necessary

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

9 by law, contributions to the International Committee of

10 the Red Cross, assistance to refugees, including contribu11 tions to the International Organization for Migration and

12 the United Nations High Commissioner for Refugees, and

13 other activities to meet refugee and migration needs; sala14 ries and expenses of personnel and dependents as author15 ized by the Foreign Service Act of 1980; allowances as

16 authorized by sections 5921 through 5925 of title 5,

17 United States Code; purchase and hire of passenger motor

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

19 5, United States Code, $645,000,000, to remain available

20 until expended: Provided, That not more than

21 $14,852,000 shall be available for administrative ex22 penses.

23 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

24 ASSISTANCE FUND

25 For necessary expenses to carry out the provisions

26 of section 2(c) of the Migration and Refugee Assistance
27

•HR 4811 EH

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

2 $12,500,000, to remain available until expended: Pro3 vided, That the funds made available under this heading

4 are appropriated notwithstanding the provisions contained

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

6 of funds which could be appropriated for this purpose.

7 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

8 RELATED PROGRAMS

9 For necessary expenses for nonproliferation, anti-ter10 rorism and related programs and activities, $241,600,000,

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

12 Foreign Assistance Act of 1961 for anti-terrorism assist13 ance, section 504 of the FREEDOM Support Act for the

14 Nonproliferation and Disarmament Fund, section 23 of

15 the Arms Export Control Act or the Foreign Assistance

16 Act of 1961 for demining activities, the clearance of

17 unexploded ordnance, and related activities, notwith18 standing any other provision of law, including activities

19 implemented through nongovernmental and international

20 organizations, section 301 of the Foreign Assistance Act

21 of 1961 for a voluntary contribution to the International

22 Atomic Energy Agency (IAEA) and a voluntary contribu23 tion to the Korean Peninsula Energy Development Orga24 nization (KEDO), and for a United States contribution

25 to the Comprehensive Nuclear Test Ban Treaty Pre26 paratory Commission: Provided, That the Secretary of
28

•HR 4811 EH

1 State shall inform the Committees on Appropriations at

2 least 20 days prior to the obligation of funds for the Com3 prehensive Nuclear Test Ban Treaty Preparatory Com4 mission: Provided further, That of this amount not to ex5 ceed $15,000,000, to remain available until expended, may

6 be made available for the Nonproliferation and Disar7 mament Fund, notwithstanding any other provision of

8 law, to promote bilateral and multilateral activities relat9 ing to nonproliferation and disarmament: Provided fur10 ther, That such funds may also be used for such countries

11 other than the Independent States of the former Soviet

12 Union and international organizations when it is in the

13 national security interest of the United States to do so:

14 Provided further, That such funds shall be subject to the

15 regular notification procedures of the Committees on Ap16 propriations: Provided further, That funds appropriated

17 under this heading may be made available for the Inter18 national Atomic Energy Agency only if the Secretary of

19 State determines (and so reports to the Congress) that

20 Israel is not being denied its right to participate in the

21 activities of that Agency.

22 DEPARTMENT OF THE TREASURY

23 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

24 For necessary expenses to carry out the provisions

25 of section 129 of the Foreign Assistance Act of 1961 (re-
29

•HR 4811 EH

1 lating to international affairs technical assistance activi2 ties), $2,000,000, to remain available until expended,

3 which shall be available nowithstanding any other provi4 sion of law.

5 DEBT RESTRUCTURING

6 For the cost, as defined in section 502 of the Con7 gressional Budget Act of 1974, of modifying loans and

8 loan guarantees, as the President may determine, for

9 which funds have been appropriated or otherwise made

10 available for programs within the International Affairs

11 Budget Function 150, including the cost of selling, reduc12 ing, or canceling amounts owed to the United States as

13 a result of concessional loans made to eligible countries,

14 pursuant to parts IV and V of the Foreign Assistance Act

15 of 1961, and of modifying concessional credit agreements

16 with least developed countries, as authorized under section

17 411 of the Agricultural Trade Development and Assist18 ance Act of 1954, as amended, and concessional loans,

19 guarantees and credit agreements, as authorized under

20 section 572 of the Foreign Operations, Export Financing,

21 and Related Programs Appropriations Act, 1989 (Public

22 Law 100–461), $82,400,000 (increased by

23 $155,600,000), to remain available until expended: Pro24 vided, That of this amount, not less than $13,000,000

25 shall be made available to carry out the provisions of part

26 V of the Foreign Assistance Act of 1961: Provided further,
30

•HR 4811 EH

1 That funds appropriated or otherwise made available

2 under this heading in this Act or under prior appropria3 tions Acts for foreign operations, export financing, and re4 lated programs may be used by the Secretary of the Treas5 ury to pay to the Heavily Indebted Poor Country (HIPC)

6 Trust Fund administered by the International Bank for

7 Reconstruction and Development amounts for the benefit

8 of countries that are eligible for debt reduction pursuant

9 to title V of H.R. 3425 as enacted into law by section

10 1000(a)(5) of Public Law 106–113: Provided further,

11 That amounts paid to the HIPC Trust Fund may be used

12 only to fund debt reduction under the enhanced HIPC ini13 tiative by—

14 (1) the Inter-American Development Bank;

15 (2) the African Development Bank; and

16 (3) the Central American Bank for Economic

17 Integration:

18 Provided further, That funds may not be paid to the HIPC

19 Trust Fund for the benefit of any country that is credibly

20 reported to be engaged in a consistent pattern of gross

21 violations of internationally recognized human rights or in

22 military or civil conflict that undermines its ability to de23 velop and implement measures to alleviate poverty and to

24 devote adequate human and financial resources to that

25 end: Provided further, That 15 days prior to any agree-
31

•HR 4811 EH

1 ment by the United States to make payments to the HIPC

2 Trust Fund for the benefit of any country other than Bo3 livia and Mozambique, the Secretary of the Treasury shall

4 submit a reprogramming request under the regular notifi5 cation procedures of the Committees on Appropriations:

6 Provided further, That prior to the payment of any amount

7 to the HIPC Trust Fund to fund debt reduction by an

8 international financial institution, the Secretary of the

9 Treasury shall provide to the Committees on Appropria10 tions, Banking and Financial Services, and International

11 Relations of the House of Representatives, and the Com12 mittees on Appropriations, Banking, Housing and Urban

13 Affairs, and Foreign Relations of the Senate—

14 (1) a written commitment by the institution

15 that it will make no new market-rate loans to the

16 HIPC member country beneficiary for a period of 30

17 months and no new concessional loans to the HIPC

18 member country for a period of 9 months; and

19 (2) full documentation of any commitment by

20 the HIPC member country to redirect its domestic

21 budgetary resources from international debt repay22 ments to private or public programs to alleviate pov23 erty and promote economic growth that are addi24 tional to those previously available for such purposes
32

•HR 4811 EH

1 prior to participation in the enhanced HIPC Initia2 tive:

3 Provided further, That any limitation of subsection (e) of

4 section 411 of the Agricultural Trade Development and

5 Assistance Act of 1954 shall not apply to funds appro6 priated under this heading: Provided further, That the au7 thority provided by section 572 of Public Law 100–461

8 may be exercised only with respect to countries that are

9 eligible to borrow from the International Development As10 sociation, but not from the International Bank for Recon11 struction and Development, commonly referred to as

12 ‘‘IDA-only’’ countries.

13 TITLE III—MILITARY ASSISTANCE

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 INTERNATIONAL MILITARY EDUCATION AND TRAINING

16 For necessary expenses to carry out the provisions

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

18 $52,500,000 (reduced by $5,250,000), of which up to

19 $1,000,000 may remain available until expended: Pro20 vided, That the civilian personnel for whom military edu21 cation and training may be provided under this heading

22 may include civilians who are not members of a govern23 ment whose participation would contribute to improved

24 civil-military relations, civilian control of the military, or

25 respect for human rights: Provided further, That funds ap-
33

•HR 4811 EH

1 propriated under this heading for grant financed military

2 education and training for Indonesia and Guatemala may

3 only be available for expanded international military edu4 cation and training and funds made available for Indo5 nesia may only be provided through the regular notifica6 tion procedures of the Committees on Appropriations: Pro7 vided further, That none of the funds appropriated under

8 this heading may be made available to support grant fi9 nanced military education and training at the School of

10 the Americas unless the Secretary of Defense certifies that

11 the instruction and training provided by the School of the

12 Americas is fully consistent with training and doctrine,

13 particularly with respect to the observance of human

14 rights, provided by the Department of Defense to United

15 States military students at Department of Defense institu16 tions whose primary purpose is to train United States

17 military personnel: Provided further, That the Secretary

18 of Defense shall submit to the Committees on Appropria19 tions, no later than January 15, 2001, a report detailing

20 the training activities of the School of the Americas and

21 a general assessment regarding the performance of its

22 graduates during 1998 and 1999: Provided further, That

23 none of the funds appropriated under this heading may

24 be made available to support grant financed military edu25 cation and training at the School of the Americas unless
34

•HR 4811 EH

1 the Secretary of State, without delegation, certifies that

2 the instruction and training provided by the School of the

3 Americas is consistent with United States foreign policy

4 objectives and helps support the observance of human

5 rights in Latin America.

6 FOREIGN MILITARY FINANCING PROGRAM

7 For expenses necessary for grants to enable the

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

9 Arms Export Control Act, $3,510,000,000 (reduced by

10 $200,000,000) (reduced by $42,000,000): Provided, That

11 of the funds appropriated under this heading, not to ex12 ceed $1,980,000,000 shall be available for grants only for

13 Israel, and not to exceed $1,300,000,000 shall be made

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

15 the funds appropriated by this paragraph for Israel shall

16 be disbursed within 30 days of the enactment of this Act

17 or by October 31, 2000, whichever is later: Provided fur18 ther, That it is the sense of the Congress that it is very

19 disturbed by reports that Israel is preparing to provide

20 China with an airborne radar system that could threaten

21 both the forces of democratic Taiwan and the United

22 States in the region surrounding the Taiwan Strait. The

23 Congress urges Israel to terminate the existing contract

24 to sell an airborne radar system to the People’s Republic

25 of China: Provided further, That to the extent that the

26 Government of Israel requests that funds be used for such
35

•HR 4811 EH

1 purposes, grants made available for Israel by this para2 graph shall, as agreed by Israel and the United States,

3 be available for advanced weapons systems, of which not

4 less than $520,000,000 should be available for the pro5 curement in Israel of defense articles and defense services,

6 including research and development: Provided further,

7 That Foreign Military Financing Program funds esti8 mated to be outlayed for Egypt during fiscal year 2001

9 shall be disbursed within 30 days of the enactment of this

10 Act or by October 31, 2000, whichever is later: Provided

11 further, That funds appropriated by this paragraph shall

12 be nonrepayable notwithstanding any requirement in sec13 tion 23 of the Arms Export Control Act: Provided further,

14 That funds made available under this paragraph shall be

15 obligated upon apportionment in accordance with para16 graph (5)(C) of title 31, United States Code, section

17 1501(a).

18 None of the funds made available under this heading

19 shall be available to finance the procurement of defense

20 articles, defense services, or design and construction serv21 ices that are not sold by the United States Government

22 under the Arms Export Control Act unless the foreign

23 country proposing to make such procurements has first

24 signed an agreement with the United States Government

25 specifying the conditions under which such procurements
36

•HR 4811 EH

1 may be financed with such funds: Provided, That all coun2 try and funding level increases in allocations shall be sub3 mitted through the regular notification procedures of sec4 tion 515 of this Act: Provided further, That none of the

5 funds appropriated under this heading shall be available

6 for assistance for Sudan and Liberia: Provided further,

7 That funds made available under this heading may be

8 used, notwithstanding any other provision of law, for

9 demining, the clearance of unexploded ordnance, and re10 lated activities, and may include activities implemented

11 through nongovernmental and international organizations:

12 Provided further, That none of the funds appropriated

13 under this heading shall be available for assistance for

14 Guatemala: Provided further, That only those countries for

15 which assistance was justified for the ‘‘Foreign Military

16 Sales Financing Program’’ in the fiscal year 1989 con17 gressional presentation for security assistance programs

18 may utilize funds made available under this heading for

19 procurement of defense articles, defense services or design

20 and construction services that are not sold by the United

21 States Government under the Arms Export Control Act:

22 Provided further, That funds appropriated under this

23 heading shall be expended at the minimum rate necessary

24 to make timely payment for defense articles and services:

25 Provided further, That not more than $30,495,000 of the
37

•HR 4811 EH

1 funds appropriated under this heading may be obligated

2 for necessary expenses, including the purchase of pas3 senger motor vehicles for replacement only for use outside

4 of the United States, for the general costs of admin5 istering military assistance and sales: Provided further,

6 That not more than $340,000,000 of funds realized pursu7 ant to section 21(e)(1)(A) of the Arms Export Control Act

8 may be obligated for expenses incurred by the Department

9 of Defense during fiscal year 2001 pursuant to section

10 43(b) of the Arms Export Control Act, except that this

11 limitation may be exceeded only through the regular notifi12 cation procedures of the Committees on Appropriations:

13 Provided further, That none of the funds made available

14 under this heading shall be available for any non-NATO

15 country participating in the Partnership for Peace Pro16 gram except through the regular notification procedures

17 of the Committees on Appropriations.

18 PEACEKEEPING OPERATIONS

19 For necessary expenses to carry out the provisions

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

21 $117,900,000: Provided, That none of the funds appro22 priated under this heading shall be obligated or expended

23 except as provided through the regular notification proce24 dures of the Committees on Appropriations.
38

•HR 4811 EH

1 TITLE IV—MULTILATERAL ECONOMIC

2 ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 GLOBAL ENVIRONMENT FACILITY

6 For the United States contribution for the Global En7 vironment Facility, $35,800,000, to the International

8 Bank for Reconstruction and Development as trustee for

9 the Global Environment Facility, by the Secretary of the

10 Treasury, to remain available until expended.

11 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

12 ASSOCIATION

13 For payment to the International Development Asso14 ciation by the Secretary of the Treasury, $576,600,000

15 (reduced by $10,000,000), to remain available until ex16 pended: Provided: That the Secretary of the Treasury

17 shall: (1) seek to ensure to the maximum extent possible

18 that for countries eligible for debt reduction under the en19 hanced Heavily Indebted Poor Country (HIPC) Initiative

20 that have reached the completion point, the terms of new

21 assistance by the International Development Association

22 shall be on grant terms; and (2) submit a report to the

23 Speaker of the House of Representatives, the President

24 of the Senate, and the Committees on Appropriations no

25 later than June 30, 2001, on the progress achieved in

26 achieving the objective in paragraph (1): Provided further,
39

•HR 4811 EH

1 That $10,000,000 shall be withheld from obligation until

2 Congress is in receipt of said report: Provided further,

3 That in negotiating United States participation in the next

4 replenishment of the International Development Associa5 tion, the Secretary of the Treasury shall accord high pri6 ority to providing the International Development Associa7 tion with the policy flexibility to provide new grant assist8 ance to countries eligible for debt reduction under the en9 hanced HIPC Initiative.

10 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

11 GUARANTEE AGENCY

12 For payment to the Multilateral Investment Guar13 antee Agency by the Secretary of the Treasury,

14 $4,900,000, for the United States paid-in share of the in15 crease in capital stock, to remain available until expended.

16 LIMITATION ON CALLABLE CAPITAL

17 The United States Governor of the Multilateral In18 vestment Guarantee Agency may subscribe without fiscal

19 year limitation for the callable capital portion of the

20 United States share of such capital stock in an amount

21 not to exceed $24,500,000.

22 CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT

23 CORPORATION

24 For payment to the Inter-American Investment Cor25 poration, by the Secretary of the Treasury, $8,000,000,
40

•HR 4811 EH

1 for the United States share of the increase in subscrip2 tions to capital stock, to remain available until expended.

3 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

4 MULTILATERAL INVESTMENT FUND

5 For payment to the Enterprise for the Americas Mul6 tilateral Investment Fund by the Secretary of the Treas7 ury, for the United States contribution to the fund,

8 $10,000,000, to remain available until expended.

9 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

10 For the United States contribution by the Secretary

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

12 Development Fund, as authorized by the Asian Develop13 ment Bank Act, as amended, $72,000,000, to remain

14 available until expended.

15 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

16 For payment to the African Development Bank by

17 the Secretary of the Treasury, $3,100,000, for the United

18 States paid-in share of the increase in capital stock, to

19 remain available until expended.

20 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

21 The United States Governor of the African Develop22 ment Bank may subscribe without fiscal year limitation

23 for the callable capital portion of the United States share

24 of such capital stock in an amount not to exceed

25 $49,574,000.
41

•HR 4811 EH

1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

2 For the United States contribution by the Secretary

3 of the Treasury to the increase in resources of the African

4 Development Fund, $72,000,000, to remain available until

5 expended.

6 CONTRIBUTION TO THE EUROPEAN BANK FOR

7 RECONSTRUCTION AND DEVELOPMENT

8 For payment to the European Bank for Reconstruc9 tion and Development by the Secretary of the Treasury,

10 $35,778,717, for the United States share of the paid-in

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

12 until expended.

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the European Bank

15 for Reconstruction and Development may subscribe with16 out fiscal year limitation to the callable capital portion of

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

18 not to exceed $123,237,803.

19 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

20 AGRICULTURAL DEVELOPMENT

21 For the United States contribution by the Secretary

22 of the Treasury to increase the resources of the Inter23 national Fund for Agricultural Development, $5,000,000,

24 to remain available until expended.
42

•HR 4811 EH

1 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

2 For necessary expenses to carry out the provisions

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

4 of section 2 of the United Nations Environment Program

5 Participation Act of 1973, $183,000,000: Provided, That

6 none of the funds appropriated under this heading shall

7 be made available for the United Nations Fund for

8 Science and Technology: Provided further, That not less

9 than $5,000,000 should be made available to the World

10 Food Program: Provided further, That none of the funds

11 appropriated under this heading may be made available

12 to the Korean Peninsula Energy Development Organiza13 tion (KEDO) or the International Atomic Energy Agency

14 (IAEA).

15 TITLE V—GENERAL PROVISIONS

16 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

17 SEC. 501. Except for the appropriations entitled

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

19 Emergency Refugee and Migration Assistance Fund’’, not

20 more than 15 percent of any appropriation item made

21 available by this Act shall be obligated during the last

22 month of availability.

23 PROHIBITION OF BILATERAL FUNDING FOR

24 INTERNATIONAL FINANCIAL INSTITUTIONS

25 SEC. 502. Notwithstanding section 614 of the For26 eign Assistance Act of 1961, none of the funds contained
43

•HR 4811 EH

1 in title II of this Act may be used to carry out the provi2 sions of section 209(d) of the Foreign Assistance Act of

3 1961: Provided, That none of the funds appropriated by

4 title II of this Act may be transferred by the Agency for

5 International Development directly to an international fi6 nancial institution (as defined in section 533 of this Act)

7 for the purpose of repaying a foreign country’s loan obliga8 tions to such institution.

9 LIMITATION ON RESIDENCE EXPENSES

10 SEC. 503. Of the funds appropriated or made avail11 able pursuant to this Act, not to exceed $126,500 shall

12 be for official residence expenses of the Agency for Inter13 national Development during the current fiscal year: Pro14 vided, That appropriate steps shall be taken to assure

15 that, to the maximum extent possible, United States16 owned foreign currencies are utilized in lieu of dollars.

17 LIMITATION ON EXPENSES

18 SEC. 504. Of the funds appropriated or made avail19 able pursuant to this Act, not to exceed $5,000 shall be

20 for entertainment expenses of the Agency for International

21 Development during the current fiscal year.

22 LIMITATION ON REPRESENTATIONAL ALLOWANCES

23 SEC. 505. Of the funds appropriated or made avail24 able pursuant to this Act, not to exceed $95,000 shall be

25 available for representation allowances for the Agency for

26 International Development during the current fiscal year:
44

•HR 4811 EH

1 Provided, That appropriate steps shall be taken to assure

2 that, to the maximum extent possible, United States3 owned foreign currencies are utilized in lieu of dollars:

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

5 Act for general costs of administering military assistance

6 and sales under the heading ‘‘Foreign Military Financing

7 Program’’, not to exceed $2,000 shall be available for en8 tertainment expenses and not to exceed $50,000 shall be

9 available for representation allowances: Provided further,

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

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

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

13 allowances: Provided further, That of the funds made

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

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

16 and representation allowances: Provided further, That of

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

18 not to exceed a total of $4,000 shall be available for enter19 tainment expenses: Provided further, That of the funds

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

21 Development Agency’’, not to exceed $2,000 shall be avail22 able for representation and entertainment allowances.

23 PROHIBITION ON FINANCING NUCLEAR GOODS

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

25 available (other than funds for ‘‘Nonproliferation, Anti26 terrorism, Demining and Related Programs’’) pursuant to
45

•HR 4811 EH

1 this Act, for carrying out the Foreign Assistance Act of

2 1961, may be used, except for purposes of nuclear safety,

3 to finance the export of nuclear equipment, fuel, or tech4 nology.

5 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

6 COUNTRIES

7 SEC. 507. None of the funds appropriated or other8 wise made available pursuant to this Act shall be obligated

9 or expended to finance directly any assistance or repara10 tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or

11 Syria: Provided, That for purposes of this section, the pro12 hibition on obligations or expenditures shall include direct

13 loans, credits, insurance and guarantees of the Export-Im14 port Bank or its agents.

15 MILITARY COUPS

16 SEC. 508. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated

18 or expended to finance directly any assistance to any coun19 try whose duly elected head of government is deposed by

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

21 resumed to such country if the President determines and

22 reports to the Committees on Appropriations that subse23 quent to the termination of assistance a democratically

24 elected government has taken office.
46

•HR 4811 EH

1 TRANSFERS BETWEEN ACCOUNTS

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

3 Act may be obligated under an appropriation account to

4 which they were not appropriated, except for transfers

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

6 prior to the exercise of any authority contained in the For7 eign Assistance Act of 1961 to transfer funds, consults

8 with and provides a written policy justification to the

9 Committees on Appropriations of the House of Represent10 atives and the Senate.

11 DEOBLIGATION/REOBLIGATION AUTHORITY

12 SEC. 510. Obligated balances of funds appropriated

13 to carry out section 23 of the Arms Export Control Act

14 as of the end of the fiscal year immediately preceding the

15 current fiscal year are, if deobligated, hereby continued

16 available during the current fiscal year for the same pur17 pose under any authority applicable to such appropriations

18 under this Act: Provided, That the authority of this sub19 section may not be used in fiscal year 2001.

20 AVAILABILITY OF FUNDS

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

22 this Act shall remain available for obligation after the ex23 piration of the current fiscal year unless expressly so pro24 vided in this Act: Provided, That funds appropriated for

25 the purposes of chapters 1, 8, 11, and 12 of part I, section

26 667, and chapter 4 of part II of the Foreign Assistance
47

•HR 4811 EH

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

2 heading ‘‘Assistance for Eastern Europe and the Baltic

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

4 funds are initially obligated before the expiration of their

5 respective periods of availability contained in this Act:

6 Provided further, That, notwithstanding any other provi7 sion of this Act, any funds made available for the purposes

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

9 Foreign Assistance Act of 1961 which are allocated or ob10 ligated for cash disbursements in order to address balance

11 of payments or economic policy reform objectives, shall re12 main available until expended: Provided further, That, ef13 fective upon enactment into law of this Act, the final pro14 viso under the heading ‘‘Foreign Military Financing Pro15 gram’’ contained in title VI of the Foreign Operations, Ex16 port Financing, and Related Programs Appropriations

17 Act, 2000 (as enacted into law by section 1000(a)(2) of

18 Public Law 106–113) shall be null and void: Provided fur19 ther, That the report required by section 653(a) of the

20 Foreign Assistance Act of 1961 shall designate for each

21 country, to the extent known at the time of submission

22 of such report, those funds allocated for cash disburse23 ment for balance of payment and economic policy reform

24 purposes.
48

•HR 4811 EH

1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

4 which is in default during a period in excess of one cal5 endar year in payment to the United States of principal

6 or interest on any loan made to the government of such

7 country by the United States pursuant to a program for

8 which funds are appropriated under this Act: Provided,

9 That this section and section 620(q) of the Foreign Assist10 ance Act of 1961 shall not apply to funds made available

11 for any narcotics-related assistance for Colombia, Bolivia,

12 and Peru authorized by the Foreign Assistance Act of

13 1961 or the Arms Export Control Act.

14 COMMERCE AND TRADE

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

16 made available pursuant to this Act for direct assistance

17 and none of the funds otherwise made available pursuant

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

19 Private Investment Corporation shall be obligated or ex20 pended to finance any loan, any assistance or any other

21 financial commitments for establishing or expanding pro22 duction of any commodity for export by any country other

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

24 in surplus on world markets at the time the resulting pro25 ductive capacity is expected to become operative and if the

26 assistance will cause substantial injury to United States
49

•HR 4811 EH

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

2 Provided, That such prohibition shall not apply to the Ex3 port-Import Bank if in the judgment of its Board of Direc4 tors the benefits to industry and employment in the

5 United States are likely to outweigh the injury to United

6 States producers of the same, similar, or competing com7 modity, and the Chairman of the Board so notifies the

8 Committees on Appropriations.

9 (b) None of the funds appropriated by this or any

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

11 Assistance Act of 1961 shall be available for any testing

12 or breeding feasibility study, variety improvement or intro13 duction, consultancy, publication, conference, or training

14 in connection with the growth or production in a foreign

15 country of an agricultural commodity for export which

16 would compete with a similar commodity grown or pro17 duced in the United States: Provided, That this subsection

18 shall not prohibit—

19 (1) activities designed to increase food security

20 in developing countries where such activities will not

21 have a significant impact in the export of agricul22 tural commodities of the United States; or

23 (2) research activities intended primarily to

24 benefit American producers.
50

•HR 4811 EH

1 SURPLUS COMMODITIES

2 SEC. 514. The Secretary of the Treasury shall in3 struct the United States Executive Directors of the Inter4 national Bank for Reconstruction and Development, the

5 International Development Association, the International

6 Finance Corporation, the Inter-American Development

7 Bank, the International Monetary Fund, the Asian Devel8 opment Bank, the Inter-American Investment Corpora9 tion, the North American Development Bank, the Euro10 pean Bank for Reconstruction and Development, the Afri11 can Development Bank, and the African Development

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

13 oppose any assistance by these institutions, using funds

14 appropriated or made available pursuant to this Act, for

15 the production or extraction of any commodity or mineral

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

17 assistance will cause substantial injury to United States

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

19 NOTIFICATION REQUIREMENTS

20 SEC. 515. (a) For the purposes of providing the exec21 utive branch with the necessary administrative flexibility,

22 none of the funds made available under this Act for ‘‘Child

23 Survival and Disease Programs Fund’’, ‘‘Development As24 sistance’’, ‘‘International Organizations and Programs’’,

25 ‘‘Trade and Development Agency’’, ‘‘International Nar26 cotics Control and Law Enforcement’’, ‘‘Assistance for
51

•HR 4811 EH

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

2 the Independent States of the Former Soviet Union’’,

3 ‘‘Economic Support Fund’’, ‘‘Peacekeeping Operations’’,

4 ‘‘Operating Expenses of the Agency for International De5 velopment’’, ‘‘Operating Expenses of the Agency for Inter6 national Development Office of Inspector General’’, ‘‘Non7 proliferation, Anti-terrorism, Demining and Related Pro8 grams’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter9 national Military Education and Training’’, ‘‘Peace

10 Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be

11 available for obligation for activities, programs, projects,

12 type of materiel assistance, countries, or other operations

13 not justified or in excess of the amount justified to the

14 Appropriations Committees for obligation under any of

15 these specific headings unless the Appropriations Commit16 tees of both Houses of Congress are previously notified

17 15 days in advance: Provided, That the President shall

18 not enter into any commitment of funds appropriated for

19 the purposes of section 23 of the Arms Export Control

20 Act for the provision of major defense equipment, other

21 than conventional ammunition, or other major defense

22 items defined to be aircraft, ships, missiles, or combat ve23 hicles, not previously justified to Congress or 20 percent

24 in excess of the quantities justified to Congress unless the

25 Committees on Appropriations are notified 15 days in ad-
52

•HR 4811 EH

1 vance of such commitment: Provided further, That this

2 section shall not apply to any reprogramming for an activ3 ity, program, or project under chapter 1 of part I of the

4 Foreign Assistance Act of 1961 of less than 10 percent

5 of the amount previously justified to the Congress for obli6 gation for such activity, program, or project for the cur7 rent fiscal year: Provided further, That the requirements

8 of this section or any similar provision of this Act or any

9 other Act, including any prior Act requiring notification

10 in accordance with the regular notification procedures of

11 the Committees on Appropriations, may be waived if fail12 ure to do so would pose a substantial risk to human health

13 or welfare: Provided further, That in case of any such

14 waiver, notification to the Congress, or the appropriate

15 congressional committees, shall be provided as early as

16 practicable, but in no event later than 3 days after taking

17 the action to which such notification requirement was ap18 plicable, in the context of the circumstances necessitating

19 such waiver: Provided further, That any notification pro20 vided pursuant to such a waiver shall contain an expla21 nation of the emergency circumstances.

22 (b) Drawdowns made pursuant to section 506(a)(2)

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

24 the regular notification procedures of the Committees on

25 Appropriations.
53

•HR 4811 EH

1 LIMITATION ON AVAILABILITY OF FUNDS FOR

2 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

3 SEC. 516. Subject to the regular notification proce4 dures of the Committees on Appropriations, funds appro5 priated under this Act or any previously enacted Act mak6 ing appropriations for foreign operations, export financ7 ing, and related programs, which are returned or not made

8 available for organizations and programs because of the

9 implementation of section 307(a) of the Foreign Assist10 ance Act of 1961, shall remain available for obligation

11 until September 30, 2002.

12 INDEPENDENT STATES OF THE FORMER SOVIET UNION

13 SEC. 517. (a) None of the funds appropriated under

14 the heading ‘‘Assistance for the Independent States of the

15 Former Soviet Union’’ shall be made available for assist16 ance for a government of an Independent State of the

17 former Soviet Union—

18 (1) unless that government is making progress

19 in implementing comprehensive economic reforms

20 based on market principles, private ownership, re21 spect for commercial contracts, and equitable treat22 ment of foreign private investment; and

23 (2) if that government applies or transfers

24 United States assistance to any entity for the pur25 pose of expropriating or seizing ownership or control

26 of assets, investments, or ventures.
54

•HR 4811 EH

1 Assistance may be furnished without regard to this sub2 section if the President determines that to do so is in the

3 national interest.

4 (b) None of the funds appropriated under the heading

5 ‘‘Assistance for the Independent States of the Former So6 viet Union’’ shall be made available for any state to en7 hance its military capability: Provided, That this restric8 tion does not apply to demilitarization, demining or non9 proliferation programs.

10 (c) Funds appropriated under the heading ‘‘Assist11 ance for the Independent States of the Former Soviet

12 Union’’ for the Russian Federation and Ukraine shall be

13 subject to the regular notification procedures of the Com14 mittees on Appropriations.

15 (d) Funds made available in this Act for assistance

16 for the Independent States of the former Soviet Union

17 shall be subject to the provisions of section 117 (relating

18 to environment and natural resources) of the Foreign As19 sistance Act of 1961.

20 (e) Funds appropriated in this or prior appropria21 tions Acts that are or have been made available for an

22 Enterprise Fund in the Independent States of the Former

23 Soviet Union may be deposited by such Fund in interest24 bearing accounts prior to the disbursement of such funds

25 by the Fund for program purposes. The Fund may retain
55

•HR 4811 EH

1 for such program purposes any interest earned on such

2 deposits without returning such interest to the Treasury

3 of the United States and without further appropriation by

4 the Congress. Funds made available for Enterprise Funds

5 shall be expended at the minimum rate necessary to make

6 timely payment for projects and activities.

7 (f ) In issuing new task orders, entering into con8 tracts, or making grants, with funds appropriated in this

9 Act or prior appropriations Acts under the headings ‘‘As10 sistance for the New Independent States of the Former

11 Soviet Union’’ and ‘‘Assistance for the Independent States

12 of the Former Soviet Union’’, for projects or activities that

13 have as one of their primary purposes the fostering of pri14 vate sector development, the Coordinator for United

15 States Assistance to the New Independent States and the

16 implementing agency shall encourage the participation of

17 and give significant weight to contractors and grantees

18 who propose investing a significant amount of their own

19 resources (including volunteer services and in-kind con20 tributions) in such projects and activities.

21 PROHIBITION ON FUNDING FOR ABORTIONS AND

22 INVOLUNTARY STERILIZATION

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

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

25 amended, may be used to pay for the performance of abor26 tions as a method of family planning or to motivate or
56

•HR 4811 EH

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

2 made available to carry out part I of the Foreign Assist3 ance Act of 1961, as amended, may be used to pay for

4 the performance of involuntary sterilization as a method

5 of family planning or to coerce or provide any financial

6 incentive to any person to undergo sterilizations. None of

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

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

9 for any biomedical research which relates in whole or in

10 part, to methods of, or the performance of, abortions or

11 involuntary sterilization as a means of family planning.

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

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

14 obligated or expended for any country or organization if

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

16 such country or organization would violate any of the

17 above provisions related to abortions and involuntary steri18 lizations: Provided, That none of the funds made available

19 under this Act may be used to lobby for or against abor20 tion.

21 EXPORT FINANCING TRANSFER AUTHORITIES

22 SEC. 519. Not to exceed 5 percent of any appropria23 tion other than for administrative expenses made available

24 for fiscal year 2001, for programs under title I of this

25 Act may be transferred between such appropriations for

26 use for any of the purposes, programs, and activities for
57

•HR 4811 EH

1 which the funds in such receiving account may be used,

2 but no such appropriation, except as otherwise specifically

3 provided, shall be increased by more than 25 percent by

4 any such transfer: Provided, That the exercise of such au5 thority shall be subject to the regular notification proce6 dures of the Committees on Appropriations.

7 SPECIAL NOTIFICATION REQUIREMENTS

8 SEC. 520. None of the funds appropriated by this Act

9 shall be obligated or expended for Colombia, Haiti, Libe10 ria, Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, or the

11 Democratic Republic of Congo except as provided through

12 the regular notification procedures of the Committees on

13 Appropriations.

14 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

15 SEC. 521. For the purpose of this Act, ‘‘program,

16 project, and activity’’ shall be defined at the appropria17 tions Act account level and shall include all appropriations

18 and authorizations Acts earmarks, ceilings, and limita19 tions with the exception that for the following accounts:

20 Economic Support Fund and Foreign Military Financing

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

22 considered to include country, regional, and central pro23 gram level funding within each such account; for the devel24 opment assistance accounts of the Agency for Inter25 national Development ‘‘program, project, and activity’’

26 shall also be considered to include central program level
58

•HR 4811 EH

1 funding, either as: (1) justified to the Congress; or (2)

2 allocated by the executive branch in accordance with a re3 port, to be provided to the Committees on Appropriations

4 within 30 days of the enactment of this Act, as required

5 by section 653(a) of the Foreign Assistance Act of 1961.

6 CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES

7 SEC. 522. Up to $10,500,000 of the funds made

8 available by this Act for assistance under the heading

9 ‘‘Child Survival and Disease Programs Fund’’, may be

10 used to reimburse United States Government agencies,

11 agencies of State governments, institutions of higher

12 learning, and private and voluntary organizations for the

13 full cost of individuals (including for the personal services

14 of such individuals) detailed or assigned to, or contracted

15 by, as the case may be, the Agency for International De16 velopment for the purpose of carrying out child survival,

17 basic education, and infectious disease activities: Provided,

18 That up to $1,500,000 of the funds made available by this

19 Act for assistance under the heading ‘‘Development As20 sistance’’ may be used to reimburse such agencies, institu21 tions, and organizations for such costs of such individuals

22 carrying out other development assistance activities: Pro23 vided further, That funds appropriated by this Act that

24 are made available for child survival activities or disease

25 programs including activities relating to research on, and

26 the prevention, treatment and control of, Acquired Im-
59

•HR 4811 EH

1 mune Deficiency Syndrome may be made available not2 withstanding any provision of law that restricts assistance

3 to foreign countries: Provided further, That funds appro4 priated under title II of this Act may be made available

5 pursuant to section 301 of the Foreign Assistance Act of

6 1961 if a primary purpose of the assistance is for child

7 survival and related programs.

8 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

9 COUNTRIES

10 SEC. 523. None of the funds appropriated or other11 wise made available pursuant to this Act shall be obligated

12 to finance indirectly any assistance or reparations to

13 Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo14 ple’s Republic of China, unless the President of the United

15 States certifies that the withholding of these funds is con16 trary to the national interest of the United States.

17 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

18 SEC. 524. Prior to providing excess Department of

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

20 Foreign Assistance Act of 1961, the Department of De21 fense shall notify the Committees on Appropriations to the

22 same extent and under the same conditions as are other

23 committees pursuant to subsection (f ) of that section:

24 Provided, That before issuing a letter of offer to sell excess

25 defense articles under the Arms Export Control Act, the

26 Department of Defense shall notify the Committees on
60

•HR 4811 EH

1 Appropriations in accordance with the regular notification

2 procedures of such Committees: Provided further, That

3 such Committees shall also be informed of the original ac4 quisition cost of such defense articles.

5 AUTHORIZATION REQUIREMENT

6 SEC. 525. Funds appropriated by this Act may be

7 obligated and expended notwithstanding section 10 of

8 Public Law 91–672 and section 15 of the State Depart9 ment Basic Authorities Act of 1956.

10 DEMOCRACY IN CHINA

11 SEC. 526. Notwithstanding any other provision of law

12 that restricts assistance to foreign countries, funds appro13 priated by this Act for ‘‘Economic Support Fund’’ may

14 be made available to provide general support and grants

15 for nongovernmental organizations located outside the

16 People’s Republic of China that have as their primary pur17 pose fostering democracy in that country, and for activi18 ties of nongovernmental organizations located outside the

19 People’s Republic of China to foster democracy in that

20 country: Provided, That none of the funds made available

21 for activities to foster democracy in the People’s Republic

22 of China may be made available for assistance to the gov23 ernment of that country, except that funds appropriated

24 by this Act under the heading ‘‘Economic Support Fund’’

25 that are made available for the National Endowment for

26 Democracy or its grantees may be made available for ac-
61

•HR 4811 EH

1 tivities to foster democracy in that country notwith2 standing this proviso and any other provision of law: Pro3 vided further, That funds appropriated by this or any prior

4 Acts making appropriations for foreign operations, export

5 financing, and related programs, that are provided to the

6 National Endowment for Democracy shall be provided in

7 a manner that is consistent with the last sentence of sec8 tion 503(a) of the National Endowment for Democracy

9 Act and Comptroller General Decisions No. B–203681 of

10 June 6, 1985, and No. B–248111 of September 9, 1992,

11 and the National Endowment for Democracy shall be

12 deemed ‘‘the awarding agency’’ for purposes of imple13 menting Office of Management and Budget Circular A–

14 122 as dated June 1, 1998, or any successor circular: Pro15 vided further, That funds made available pursuant to the

16 authority of this section shall be subject to the regular

17 notification procedures of the Committees on Appropria18 tions: Provided further, That notwithstanding any other

19 provision of law, of the funds appropriated by this Act

20 to carry out the provisions of chapter 4 of part II of the

21 Foreign Assistance Act of 1961, not to exceed $1,000,000

22 may be made available to nongovernmental organizations

23 located outside the People’s Republic of China to support

24 activities which preserve cultural traditions and promote

25 sustainable development and environmental conservation
62

•HR 4811 EH

1 in Tibetan communities in that country: Provided further,

2 That the final proviso in section 526 of the Foreign Oper3 ations, Export Financing, and Related Programs Appro4 priations Act, 2000 (as enacted into law by section

5 1000(a)(2) of Public Law 106–113) is amended by strik6 ing ‘‘Robert F. Kennedy Memorial Center for Human

7 Rights’’ and inserting ‘‘Jamestown Foundation’’.

8 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

9 COUNTRIES

10 SEC. 527. (a) Funds appropriated for bilateral assist11 ance under any heading of this Act and funds appro12 priated under any such heading in a provision of law en13 acted prior to the enactment of this Act, shall not be made

14 available to any country which the President determines—

15 (1) grants sanctuary from prosecution to any

16 individual or group which has committed an act of

17 international terrorism; or

18 (2) otherwise supports international terrorism.

19 (b) The President may waive the application of sub20 section (a) to a country if the President determines that

21 national security or humanitarian reasons justify such

22 waiver. The President shall publish each waiver in the

23 Federal Register and, at least 15 days before the waiver

24 takes effect, shall notify the Committees on Appropria25 tions of the waiver (including the justification for the waiv-
63

•HR 4811 EH

1 er) in accordance with the regular notification procedures

2 of the Committees on Appropriations.

3 REPORT ON IMPLEMENTATION OF SUPPLEMENTAL

4 APPROPRIATIONS

5 SEC. 528. (a) Beginning not later than January 1,

6 2001, the Secretary of State shall provide quarterly re7 ports to the Committees on Appropriations providing in8 formation on the use of funds appropriated in title VI of

9 the Foreign Operations, Export Financing, and Related

10 Programs Appropriations Act, 2000 (as enacted into law

11 by section 1000(a)(2) of Public Law 106–113). Each re12 port shall include the following—

13 (1) the current and projected status of obliga14 tions and expenditures by appropriations account, by

15 country, and by program, project, and activity;

16 (2) the contractors and subcontractors engaged

17 in activities funded from appropriations contained in

18 title VI; and

19 (3) the procedures and processes under which

20 decisions have been or will be made on which pro21 grams, projects, and activities are funded through

22 appropriations contained in title VI.

23 (b) For each report required by this section, a classi24 fied annex may be submitted if deemed necessary and ap25 propriate.
64

•HR 4811 EH

1 (c) The last quarterly report required by this section

2 shall be provided to the Committees on Appropriations by

3 January 1, 2002.

4 COMPETITIVE INSURANCE

5 SEC. 529. All Agency for International Development

6 contracts and solicitations, and subcontracts entered into

7 under such contracts, shall include a clause requiring that

8 United States insurance companies have a fair oppor9 tunity to bid for insurance when such insurance is nec10 essary or appropriate.

11 STINGERS IN THE PERSIAN GULF REGION

12 SEC. 530. (a) PROHIBITION.—Except as provided in

13 subsection (b), the United States may not sell or otherwise

14 make available any Stingers to any country bordering the

15 Persian Gulf under the Arms Export Control Act or chap16 ter 2 of part II of the Foreign Assistance Act of 1961.

17 (b) ADDITIONAL TRANSFERS AUTHORIZED.—In ad18 dition to the defense articles otherwise authorized to be

19 transferred by section 581 of the Foreign Operations, Ex20 port Financing, and Related Program Appropriation Act,

21 1990, the United States may sell or otherwise make avail22 able Stingers to any country bordering the Persian Gulf

23 under the Arms Export Control Act or chapter 2 of part

24 II of the Foreign Assistance Act of 1961, in order to re25 place, on a one-for-one basis, Stingers previously furnished
65

•HR 4811 EH

1 to such country, provided that the Stingers to be replaced

2 are nearing the scheduled expiration of their shelf-life.

3 DEBT-FOR-DEVELOPMENT

4 SEC. 531. In order to enhance the continued partici5 pation of nongovernmental organizations in economic as6 sistance activities under the Foreign Assistance Act of

7 1961, including endowments, debt-for-development and

8 debt-for-nature exchanges, a nongovernmental organiza9 tion which is a grantee or contractor of the Agency for

10 International Development may place in interest bearing

11 accounts funds made available under this Act or prior Acts

12 or local currencies which accrue to that organization as

13 a result of economic assistance provided under title II of

14 this Act and any interest earned on such investment shall

15 be used for the purpose for which the assistance was pro16 vided to that organization.

17 SEPARATE ACCOUNTS

18 SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL

19 CURRENCIES.—(1) If assistance is furnished to the gov20 ernment of a foreign country under chapters 1 and 10 of

21 part I or chapter 4 of part II of the Foreign Assistance

22 Act of 1961 under agreements which result in the genera23 tion of local currencies of that country, the Administrator

24 of the Agency for International Development shall—

25 (A) require that local currencies be deposited in

26 a separate account established by that government;
66

•HR 4811 EH

1 (B) enter into an agreement with that govern2 ment which sets forth—

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

4 generated; and

5 (ii) the terms and conditions under which

6 the currencies so deposited may be utilized, con7 sistent with this section; and

8 (C) establish by agreement with that govern9 ment the responsibilities of the Agency for Inter10 national Development and that government to mon11 itor and account for deposits into and disbursements

12 from the separate account.

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

14 agreed upon with the foreign government, local currencies

15 deposited in a separate account pursuant to subsection

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

17 used only—

18 (A) to carry out chapter 1 or 10 of part I or

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

20 purposes as—

21 (i) project and sector assistance activities;

22 or

23 (ii) debt and deficit financing; or

24 (B) for the administrative requirements of the

25 United States Government.
67

•HR 4811 EH

1 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

2 for International Development shall take all necessary

3 steps to ensure that the equivalent of the local currencies

4 disbursed pursuant to subsection (a)(2)(A) from the sepa5 rate account established pursuant to subsection (a)(1) are

6 used for the purposes agreed upon pursuant to subsection

7 (a)(2).

8 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

9 Upon termination of assistance to a country under chapter

10 1 or 10 of part I or chapter 4 of part II (as the case

11 may be), any unencumbered balances of funds which re12 main in a separate account established pursuant to sub13 section (a) shall be disposed of for such purposes as may

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

15 United States Government.

16 (5) REPORTING REQUIREMENT.—The Administrator

17 of the Agency for International Development shall report

18 on an annual basis as part of the justification documents

19 submitted to the Committees on Appropriations on the use

20 of local currencies for the administrative requirements of

21 the United States Government as authorized in subsection

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

23 local currency (and United States dollar equivalent) used

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

25 country.
68

•HR 4811 EH

1 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

3 a foreign country, under chapter 1 or 10 of part I or chap4 ter 4 of part II of the Foreign Assistance Act of 1961,

5 as cash transfer assistance or as nonproject sector assist6 ance, that country shall be required to maintain such

7 funds in a separate account and not commingle them with

8 any other funds.

9 (2) APPLICABILITY OF OTHER PROVISIONS OF

10 LAW.—Such funds may be obligated and expended not11 withstanding provisions of law which are inconsistent with

12 the nature of this assistance including provisions which

13 are referenced in the Joint Explanatory Statement of the

14 Committee of Conference accompanying House Joint Res15 olution 648 (House Report No. 98–1159).

16 (3) NOTIFICATION.—At least 15 days prior to obli17 gating any such cash transfer or nonproject sector assist18 ance, the President shall submit a notification through the

19 regular notification procedures of the Committees on Ap20 propriations, which shall include a detailed description of

21 how the funds proposed to be made available will be used,

22 with a discussion of the United States interests that will

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

24 description of the economic policy reforms that will be pro25 moted by such assistance).
69

•HR 4811 EH

1 (4) EXEMPTION.—Nonproject sector assistance funds

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

3 only through the notification procedures of the Commit4 tees on Appropriations.

5 COMPENSATION FOR UNITED STATES EXECUTIVE

6 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

7 SEC. 533. (a) No funds appropriated by this Act may

8 be made as payment to any international financial institu9 tion while the United States Executive Director to such

10 institution is compensated by the institution at a rate

11 which, together with whatever compensation such Director

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

13 provided for an individual occupying a position at level IV

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

15 United States Code, or while any alternate United States

16 Director to such institution is compensated by the institu17 tion at a rate in excess of the rate provided for an indi18 vidual occupying a position at level V of the Executive

19 Schedule under section 5316 of title 5, United States

20 Code.

21 (b) For purposes of this section, ‘‘international finan22 cial institutions’’ are: the International Bank for Recon23 struction and Development, the Inter-American Develop24 ment Bank, the Asian Development Bank, the Asian De25 velopment Fund, the African Development Bank, the Afri26 can Development Fund, the International Monetary Fund,
70

•HR 4811 EH

1 the North American Development Bank, and the Euro2 pean Bank for Reconstruction and Development.

3 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

4 IRAQ

5 SEC. 534. None of the funds appropriated or other6 wise made available pursuant to this Act to carry out the

7 Foreign Assistance Act of 1961 (including title IV of

8 chapter 2 of part I, relating to the Overseas Private In9 vestment Corporation) or the Arms Export Control Act

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

11 not in compliance with the United Nations Security Coun12 cil sanctions against Iraq unless the President determines

13 and so certifies to the Congress that—

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

15 the United States;

16 (2) such assistance will directly benefit the

17 needy people in that country; or

18 (3) the assistance to be provided will be human19 itarian assistance for foreign nationals who have fled

20 Iraq and Kuwait.

21 AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL

22 FUND FOR AGRICULTURAL DEVELOPMENT, INTER23 AMERICAN FOUNDATION AND AFRICAN DEVELOP24 MENT FOUNDATION

25 SEC. 535. (a) Unless expressly provided to the con26 trary, provisions of this or any other Act, including provi-
71

•HR 4811 EH

1 sions contained in prior Acts authorizing or making appro2 priations for foreign operations, export financing, and re3 lated programs, shall not be construed to prohibit activi4 ties authorized by or conducted under the Peace Corps

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

6 Development Foundation Act. The agency shall promptly

7 report to the Committees on Appropriations whenever it

8 is conducting activities or is proposing to conduct activi9 ties in a country for which assistance is prohibited.

10 (b) Unless expressly provided to the contrary, limita11 tions on the availability of funds for ‘‘International Orga12 nizations and Programs’’ in this or any other Act, includ13 ing prior appropriations Acts, shall not be construed to

14 be applicable to the International Fund for Agricultural

15 Development.

16 IMPACT ON JOBS IN THE UNITED STATES

17 SEC. 536. None of the funds appropriated by this Act

18 may be obligated or expended to provide—

19 (a) any financial incentive to a business enter20 prise currently located in the United States for the

21 purpose of inducing such an enterprise to relocate

22 outside the United States if such incentive or in23 ducement is likely to reduce the number of employ24 ees of such business enterprise in the United States

25 because United States production is being replaced

26 by such enterprise outside the United States;
72

•HR 4811 EH

1 (b) assistance for the purpose of establishing or

2 developing in a foreign country any export proc3 essing zone or designated area in which the tax, tar4 iff, labor, environment, and safety laws of that coun5 try do not apply, in part or in whole, to activities

6 carried out within that zone or area, unless the

7 President determines and certifies that such assist8 ance is not likely to cause a loss of jobs within the

9 United States; or

10 (c) assistance for any project or activity that

11 contributes to the violation of internationally recog12 nized workers rights, as defined in section 502(a)(4)

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

14 country, including any designated zone or area in

15 that country: Provided, That in recognition that the

16 application of this subsection should be commensu17 rate with the level of development of the recipient

18 country and sector, the provisions of this subsection

19 shall not preclude assistance for the informal sector

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

21 and smallholder agriculture.

22 FUNDING PROHIBITION FOR SERBIA

23 SEC. 537. None of the funds appropriated by this Act

24 may be made available for assistance for the Republic of

25 Serbia: Provided, That this restriction shall not apply to

26 assistance for Kosovo or Montenegro, or to assistance to
73

•HR 4811 EH

1 promote democratization: Provided further, That section

2 620(t) of the Foreign Assistance Act of 1961, as amended,

3 shall not apply to Kosovo or Montenegro.

4 SPECIAL AUTHORITIES

5 SEC. 538. (a) AFGHANISTAN, LEBANON, MONTE6 NEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND

7 DISPLACED BURMESE.—Funds appropriated in titles I

8 and II of this Act that are made available for Afghanistan,

9 Lebanon, Montenegro, and for victims of war, displaced

10 children, and displaced Burmese, may be made available

11 notwithstanding any other provision of law: Provided,

12 That any such funds that are made available for Cam13 bodia shall be subject to the provisions of section 531(e)

14 of the Foreign Assistance Act of 1961 and section 906

15 of the International Security and Development Coopera16 tion Act of 1985.

17 (b) TROPICAL FORESTRY AND BIODIVERSITY CON18 SERVATION ACTIVITIES.—Funds appropriated by this Act

19 to carry out the provisions of sections 103 through 106,

20 and chapter 4 of part II, of the Foreign Assistance Act

21 of 1961 may be used, notwithstanding any other provision

22 of law, for the purpose of supporting tropical forestry and

23 biodiversity conservation activities and, subject to the reg24 ular notification procedures of the Committees on Appro25 priations, energy programs aimed at reducing greenhouse

26 gas emissions: Provided, That such assistance shall be
74

•HR 4811 EH

1 subject to sections 116, 502B, and 620A of the Foreign

2 Assistance Act of 1961.

3 (c) U.S. AGENCY FOR INTERNATIONAL DEVELOP4 MENT.—The Agency for International Development may

5 employ personal services contractors, notwithstanding any

6 other provision of law, for the purpose of administering

7 programs for the West Bank and Gaza.

8 (d)(1) WAIVER.—The President may waive the provi9 sions of section 1003 of Public Law 100–204 if the Presi10 dent determines and certifies in writing to the Speaker

11 of the House of Representatives and the President pro

12 tempore of the Senate that it is important to the national

13 security interests of the United States.

14 (2) PERIOD OF APPLICATION OF WAIVER.—Any

15 waiver pursuant to paragraph (1) shall be effective for no

16 more than a period of 6 months at a time and shall not

17 apply beyond 12 months after the enactment of this Act.

18 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

19 OF ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL

20 SEC. 539. It is the sense of the Congress that—

21 (1) the Arab League countries should imme22 diately and publicly renounce the primary boycott of

23 Israel and the secondary and tertiary boycott of

24 American firms that have commercial ties with

25 Israel and should normalize their relations with

26 Israel;
75

•HR 4811 EH

1 (2) the decision by the Arab League in 1997 to

2 reinstate the boycott against Israel was deeply trou3 bling and disappointing;

4 (3) the fact that only three Arab countries

5 maintain full diplomatic relations with Israel is also

6 of deep concern;

7 (4) the Arab League should immediately re8 scind its decision on the boycott and its members

9 should develop normal relations with their neighbor

10 Israel; and

11 (5) the President should—

12 (A) take more concrete steps to encourage

13 vigorously Arab League countries to renounce

14 publicly the primary boycotts of Israel and the

15 secondary and tertiary boycotts of American

16 firms that have commercial relations with Israel

17 and to normalize their relations with Israel;

18 (B) take into consideration the participa19 tion of any recipient country in the primary

20 boycott of Israel and the secondary and tertiary

21 boycotts of American firms that have commer22 cial relations with Israel when determining

23 whether to sell weapons to said country;

24 (C) report to Congress annually on the

25 specific steps being taken by the United States
76

•HR 4811 EH

1 and the progress achieved to bring about a pub2 lic renunciation of the Arab primary boycott of

3 Israel and the secondary and tertiary boycotts

4 of American firms that have commercial rela5 tions with Israel and to expand the process of

6 normalizing ties between Arab League countries

7 and Israel; and

8 (D) encourage the allies and trading part9 ners of the United States to enact laws prohib10 iting businesses from complying with the boy11 cott and penalizing businesses that do comply.

12 ADMINISTRATION OF JUSTICE ACTIVITIES

13 SEC. 540. Of the funds appropriated or otherwise

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

15 assistance may be provided to strengthen the administra16 tion of justice in countries in Latin America and the Car17 ibbean and in other regions consistent with the provisions

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

19 except that programs to enhance protection of participants

20 in judicial cases may be conducted notwithstanding section

21 660 of that Act. Funds made available pursuant to this

22 section may be made available notwithstanding section

23 534(c) and the second and third sentences of section

24 534(e) of the Foreign Assistance Act of 1961.
77

•HR 4811 EH

1 ELIGIBILITY FOR ASSISTANCE

2 SEC. 541. (a) ASSISTANCE THROUGH NONGOVERN3 MENTAL ORGANIZATIONS.—Restrictions contained in this

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

5 shall not be construed to restrict assistance in support of

6 programs of nongovernmental organizations from funds

7 appropriated by this Act to carry out the provisions of

8 chapters 1, 10, 11, and 12 of part I and chapter 4 of

9 part II of the Foreign Assistance Act of 1961, and from

10 funds appropriated under the heading ‘‘Assistance for

11 Eastern Europe and the Baltic States’’: Provided, That

12 the President shall take into consideration, in any case

13 in which a restriction on assistance would be applicable

14 but for this subsection, whether assistance in support of

15 programs of nongovernmental organizations is in the na16 tional interest of the United States: Provided further, That

17 before using the authority of this subsection to furnish as18 sistance in support of programs of nongovernmental orga19 nizations, the President shall notify the Committees on

20 Appropriations under the regular notification procedures

21 of those committees, including a description of the pro22 gram to be assisted, the assistance to be provided, and

23 the reasons for furnishing such assistance: Provided fur24 ther, That nothing in this subsection shall be construed

25 to alter any existing statutory prohibitions against abor-
78

•HR 4811 EH

1 tion or involuntary sterilizations contained in this or any

2 other Act.

3 (b) PUBLIC LAW 480.—During fiscal year 2001, re4 strictions contained in this or any other Act with respect

5 to assistance for a country shall not be construed to re6 strict assistance under the Agricultural Trade Develop7 ment and Assistance Act of 1954: Provided, That none

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

9 and made available pursuant to this subsection may be

10 obligated or expended except as provided through the reg11 ular notification procedures of the Committees on Appro12 priations.

13 (c) EXCEPTION.—This section shall not apply—

14 (1) with respect to section 620A of the Foreign

15 Assistance Act of 1961 or any comparable provision

16 of law prohibiting assistance to countries that sup17 port international terrorism; or

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

19 Assistance Act of 1961 or any comparable provision

20 of law prohibiting assistance to countries that violate

21 internationally recognized human rights.

22 EARMARKS

23 SEC. 542. (a) Funds appropriated by this Act which

24 are earmarked may be reprogrammed for other programs

25 within the same account notwithstanding the earmark if

26 compliance with the earmark is made impossible by oper-
79

•HR 4811 EH

1 ation of any provision of this or any other Act or, with

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

3 agreement providing the United States with base rights

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

5 that the recipient for which funds are earmarked has sig6 nificantly reduced its military or economic cooperation

7 with the United States since the enactment of the Foreign

8 Operations, Export Financing, and Related Programs Ap9 propriations Act, 1991; however, before exercising the au10 thority of this subsection with regard to a base rights or

11 base access country which has significantly reduced its

12 military or economic cooperation with the United States,

13 the President shall consult with, and shall provide a writ14 ten policy justification to the Committees on Appropria15 tions: Provided, That any such reprogramming shall be

16 subject to the regular notification procedures of the Com17 mittees on Appropriations: Provided further, That assist18 ance that is reprogrammed pursuant to this subsection

19 shall be made available under the same terms and condi20 tions as originally provided.

21 (b) In addition to the authority contained in sub22 section (a), the original period of availability of funds ap23 propriated by this Act and administered by the Agency

24 for International Development that are earmarked for par25 ticular programs or activities by this or any other Act shall
80

•HR 4811 EH

1 be extended for an additional fiscal year if the Adminis2 trator of such agency determines and reports promptly to

3 the Committees on Appropriations that the termination of

4 assistance to a country or a significant change in cir5 cumstances makes it unlikely that such earmarked funds

6 can be obligated during the original period of availability:

7 Provided, That such earmarked funds that are continued

8 available for an additional fiscal year shall be obligated

9 only for the purpose of such earmark.

10 CEILINGS AND EARMARKS

11 SEC. 543. Ceilings and earmarks contained in this

12 Act shall not be applicable to funds or authorities appro13 priated or otherwise made available by any subsequent Act

14 unless such Act specifically so directs.

15 PROHIBITION ON PUBLICITY OR PROPAGANDA

16 SEC. 544. No part of any appropriation contained in

17 this Act shall be used for publicity or propaganda purposes

18 within the United States not authorized before the date

19 of the enactment of this Act by the Congress: Provided,

20 That not to exceed $750,000 may be made available to

21 carry out the provisions of section 316 of Public Law 96–

22 533.

23 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

24 PRODUCTS

25 SEC. 545. (a) To the maximum extent possible, as26 sistance provided under this Act should make full use of
81

•HR 4811 EH

1 American resources, including commodities, products, and

2 services.

3 (b) It is the sense of the Congress that, to the great4 est extent practicable, all agriculture commodities, equip5 ment and products purchased with funds made available

6 in this Act should be American-made.

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

8 into any contract with, any entity using funds made avail9 able in this Act, the head of each Federal agency, to the

10 greatest extent practicable, shall provide to such entity a

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

12 the Congress.

13 (d) The Secretary of the Treasury shall report to

14 Congress annually on the efforts of the heads of each Fed15 eral agency and the United States directors of inter16 national financial institutions (as referenced in section

17 514) in complying with this sense of the Congress.

18 PROHIBITION OF PAYMENTS TO UNITED NATIONS

19 MEMBERS

20 SEC. 546. None of the funds appropriated or made

21 available pursuant to this Act for carrying out the Foreign

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

23 in part any assessments, arrearages, or dues of any mem24 ber of the United Nations or, from funds appropriated by

25 this Act to carry out chapter 1 of part I of the Foreign

26 Assistance Act of 1961, the costs for participation of an-
82

•HR 4811 EH

1 other country’s delegation at international conferences

2 held under the auspices of multilateral or international or3 ganizations.

4 CONSULTING SERVICES

5 SEC. 547. The expenditure of any appropriation

6 under this Act for any consulting service through procure7 ment contract, pursuant to section 3109 of title 5, United

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

9 expenditures are a matter of public record and available

10 for public inspection, except where otherwise provided

11 under existing law, or under existing Executive order pur12 suant to existing law.

13 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

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

15 available pursuant to this Act shall be available to a pri16 vate voluntary organization which fails to provide upon

17 timely request any document, file, or record necessary to

18 the auditing requirements of the Agency for International

19 Development.

20 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN21 MENTS THAT EXPORT LETHAL MILITARY EQUIP22 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

23 TERRORISM

24 SEC. 549. (a) None of the funds appropriated or oth25 erwise made available by this Act may be available to any

26 foreign government which provides lethal military equip-
83

•HR 4811 EH

1 ment to a country the government of which the Secretary

2 of State has determined is a terrorist government for pur3 poses of section 40(d) of the Arms Export Control Act.

4 The prohibition under this section with respect to a for5 eign government shall terminate 12 months after that gov6 ernment ceases to provide such military equipment. This

7 section applies with respect to lethal military equipment

8 provided under a contract entered into after October 1,

9 1997.

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

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

12 President determines that furnishing such assistance is

13 important to the national interests of the United States.

14 (c) Whenever the waiver of subsection (b) is exer15 cised, the President shall submit to the appropriate con16 gressional committees a report with respect to the fur17 nishing of such assistance. Any such report shall include

18 a detailed explanation of the assistance to be provided, in19 cluding the estimated dollar amount of such assistance,

20 and an explanation of how the assistance furthers United

21 States national interests.

22 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

23 OWED BY FOREIGN COUNTRIES

24 SEC. 550. (a) IN GENERAL.—Of the funds made

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

26 Assistance Act of 1961, an amount equivalent to 110 per-
84

•HR 4811 EH

1 cent of the total unpaid fully adjudicated parking fines

2 and penalties owed to the District of Columbia by such

3 country as of the date of the enactment of this Act shall

4 be withheld from obligation for such country until the Sec5 retary of State certifies and reports in writing to the ap6 propriate congressional committees that such fines and

7 penalties are fully paid to the government of the District

8 of Columbia.

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

10 term ‘‘appropriate congressional committees’’ means the

11 Committee on Foreign Relations and the Committee on

12 Appropriations of the Senate and the Committee on Inter13 national Relations and the Committee on Appropriations

14 of the House of Representatives.

15 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

16 WEST BANK AND GAZA

17 SEC. 551. None of the funds appropriated by this Act

18 may be obligated for assistance for the Palestine Libera19 tion Organization for the West Bank and Gaza unless the

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

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

22 VI of Public Law 104–107) or any other legislation to sus23 pend or make inapplicable section 307 of the Foreign As24 sistance Act of 1961 and that suspension is still in effect:

25 Provided, That if the President fails to make the certifi26 cation under section 604(b)(2) of the Middle East Peace
85

•HR 4811 EH

1 Facilitation Act of 1995 or to suspend the prohibition

2 under other legislation, funds appropriated by this Act

3 may not be obligated for assistance for the Palestine Lib4 eration Organization for the West Bank and Gaza.

5 WAR CRIMES TRIBUNALS DRAWDOWN

6 SEC. 552. If the President determines that doing so

7 will contribute to a just resolution of charges regarding

8 genocide or other violations of international humanitarian

9 law, the President may direct a drawdown pursuant to sec10 tion 552(c) of the Foreign Assistance Act of 1961, as

11 amended, of up to $30,000,000 of commodities and serv12 ices for the United Nations War Crimes Tribunal estab13 lished with regard to the former Yugoslavia by the United

14 Nations Security Council or such other tribunals or com15 missions as the Council may establish to deal with such

16 violations, without regard to the ceiling limitation con17 tained in paragraph (2) thereof: Provided, That the deter18 mination required under this section shall be in lieu of

19 any determinations otherwise required under section

20 552(c): Provided further, That 60 days after the date of

21 the enactment of this Act, and every 180 days thereafter,

22 the Secretary of State shall submit a report to the Com23 mittees on Appropriations describing the steps the United

24 States Government is taking to collect information regard25 ing allegations of genocide or other violations of inter26 national law in the former Yugoslavia and to furnish that
86

•HR 4811 EH

1 information to the United Nations War Crimes Tribunal

2 for the former Yugoslavia: Provided further, That the

3 drawdown made under this section for any tribunal shall

4 not be construed as an endorsement or precedent for the

5 establishment of any standing or permanent international

6 criminal tribunal or court: Provided further, That funds

7 made available for tribunals other than Yugoslavia or

8 Rwanda shall be made available subject to the regular no9 tification procedures of the Committees on Appropria10 tions.

11 LANDMINES

12 SEC. 553. Notwithstanding any other provision of

13 law, demining equipment available to the Agency for Inter14 national Development and the Department of State and

15 used in support of the clearance of landmines and

16 unexploded ordnance for humanitarian purposes may be

17 disposed of on a grant basis in foreign countries, subject

18 to such terms and conditions as the President may pre19 scribe.

20 RESTRICTIONS CONCERNING THE PALESTINIAN

21 AUTHORITY

22 SEC. 554. None of the funds appropriated by this Act

23 may be obligated or expended to create in any part of Je24 rusalem a new office of any department or agency of the

25 United States Government for the purpose of conducting

26 official United States Government business with the Pal-
87

•HR 4811 EH

1 estinian Authority over Gaza and Jericho or any successor

2 Palestinian governing entity provided for in the Israel3 PLO Declaration of Principles: Provided, That this re4 striction shall not apply to the acquisition of additional

5 space for the existing Consulate General in Jerusalem:

6 Provided further, That meetings between officers and em7 ployees of the United States and officials of the Pales8 tinian Authority, or any successor Palestinian governing

9 entity provided for in the Israel-PLO Declaration of Prin10 ciples, for the purpose of conducting official United States

11 Government business with such authority should continue

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

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

14 States Government may continue to meet in Jerusalem on

15 other subjects with Palestinians (including those who now

16 occupy positions in the Palestinian Authority), have social

17 contacts, and have incidental discussions.

18 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

19 SEC. 555. None of the funds appropriated or other20 wise made available by this Act under the heading ‘‘Inter21 national Military Education and Training’’ or ‘‘Foreign

22 Military Financing Program’’ for Informational Program

23 activities or under the headings ‘‘Child Survival and Dis24 ease Programs Fund’’, ‘‘Development Assistance’’, and

25 ‘‘Economic Support Fund’’ may be obligated or expended

26 to pay for—
88

•HR 4811 EH

1 (1) alcoholic beverages; or

2 (2) entertainment expenses for activities that

3 are substantially of a recreational character, includ4 ing entrance fees at sporting events and amusement

5 parks.

6 SPECIAL DEBT RELIEF FOR THE POOREST

7 SEC. 556. (a) AUTHORITY TO REDUCE DEBT.—The

8 President may reduce amounts owed to the United States

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

10 as a result of—

11 (1) guarantees issued under sections 221 and

12 222 of the Foreign Assistance Act of 1961;

13 (2) credits extended or guarantees issued under

14 the Arms Export Control Act; or

15 (3) any obligation or portion of such obligation,

16 to pay for purchases of United States agricultural

17 commodities guaranteed by the Commodity Credit

18 Corporation under export credit guarantee programs

19 authorized pursuant to section 5(f ) of the Com20 modity Credit Corporation Charter Act of June 29,

21 1948, as amended, section 4(b) of the Food for

22 Peace Act of 1966, as amended (Public Law 89–

23 808), or section 202 of the Agricultural Trade Act

24 of 1978, as amended (Public Law 95–501).

25 (b) LIMITATIONS.—
89

•HR 4811 EH

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

2 may be exercised only to implement multilateral offi3 cial debt relief and referendum agreements, com4 monly referred to as ‘‘Paris Club Agreed Minutes’’.

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

6 may be exercised only in such amounts or to such

7 extent as is provided in advance by appropriations

8 Acts.

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

10 may be exercised only with respect to countries with

11 heavy debt burdens that are eligible to borrow from

12 the International Development Association, but not

13 from the International Bank for Reconstruction and

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

15 countries.

16 (c) CONDITIONS.—The authority provided by sub17 section (a) may be exercised only with respect to a country

18 whose government—

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

20 expenditures;

21 (2) has not repeatedly provided support for acts

22 of international terrorism;

23 (3) is not failing to cooperate on international

24 narcotics control matters;
90

•HR 4811 EH

1 (4) (including its military or other security

2 forces) does not engage in a consistent pattern of

3 gross violations of internationally recognized human

4 rights; and

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

6 application of section 527 of the Foreign Relations

7 Authorization Act, Fiscal Years 1994 and 1995.

8 (d) AVAILABILITY OF FUNDS.—The authority pro9 vided by subsection (a) may be used only with regard to

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

11 Restructuring’’.

12 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re13 duction of debt pursuant to subsection (a) shall not be

14 considered assistance for purposes of any provision of law

15 limiting assistance to a country. The authority provided

16 by subsection (a) may be exercised notwithstanding sec17 tion 620(r) of the Foreign Assistance Act of 1961 or sec18 tion 321 of the International Development and Food As19 sistance Act of 1975.

20 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

21 SEC. 557. (a) LOANS ELIGIBLE FOR SALE, REDUC22 TION, OR CANCELLATION.—

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

24 CERTAIN LOANS.—Notwithstanding any other provi25 sion of law, the President may, in accordance with

26 this section, sell to any eligible purchaser any
91

•HR 4811 EH

1 concessional loan or portion thereof made before

2 January 1, 1995, pursuant to the Foreign Assist3 ance Act of 1961, to the government of any eligible

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

5 on receipt of payment from an eligible purchaser, re6 duce or cancel such loan or portion thereof, only for

7 the purpose of facilitating—

8 (A) debt-for-equity swaps, debt-for-develop9 ment swaps, or debt-for-nature swaps; or

10 (B) a debt buyback by an eligible country

11 of its own qualified debt, only if the eligible

12 country uses an additional amount of the local

13 currency of the eligible country, equal to not

14 less than 40 percent of the price paid for such

15 debt by such eligible country, or the difference

16 between the price paid for such debt and the

17 face value of such debt, to support activities

18 that link conservation and sustainable use of

19 natural resources with local community develop20 ment, and child survival and other child devel21 opment, in a manner consistent with sections

22 707 through 710 of the Foreign Assistance Act

23 of 1961, if the sale, reduction, or cancellation

24 would not contravene any term or condition of

25 any prior agreement relating to such loan.
92

•HR 4811 EH

1 (2) TERMS AND CONDITIONS.—Notwithstanding

2 any other provision of law, the President shall, in ac3 cordance with this section, establish the terms and

4 conditions under which loans may be sold, reduced,

5 or canceled pursuant to this section.

6 (3) ADMINISTRATION.—The Facility, as defined

7 in section 702(8) of the Foreign Assistance Act of

8 1961, shall notify the administrator of the agency

9 primarily responsible for administering part I of the

10 Foreign Assistance Act of 1961 of purchasers that

11 the President has determined to be eligible, and

12 shall direct such agency to carry out the sale, reduc13 tion, or cancellation of a loan pursuant to this sec14 tion. Such agency shall make an adjustment in its

15 accounts to reflect the sale, reduction, or cancella16 tion.

17 (4) LIMITATION.—The authorities of this sub18 section shall be available only to the extent that ap19 propriations for the cost of the modification, as de20 fined in section 502 of the Congressional Budget Act

21 of 1974, are made in advance.

22 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

23 sale, reduction, or cancellation of any loan sold, reduced,

24 or canceled pursuant to this section shall be deposited in
93

•HR 4811 EH

1 the United States Government account or accounts estab2 lished for the repayment of such loan.

3 (c) ELIGIBLE PURCHASERS.—A loan may be sold

4 pursuant to subsection (a)(1)(A) only to a purchaser who

5 presents plans satisfactory to the President for using the

6 loan for the purpose of engaging in debt-for-equity swaps,

7 debt-for-development swaps, or debt-for-nature swaps.

8 (d) DEBTOR CONSULTATIONS.—Before the sale to

9 any eligible purchaser, or any reduction or cancellation

10 pursuant to this section, of any loan made to an eligible

11 country, the President should consult with the country

12 concerning the amount of loans to be sold, reduced, or

13 canceled and their uses for debt-for-equity swaps, debt14 for-development swaps, or debt-for-nature swaps.

15 (e) AVAILABILITY OF FUNDS.—The authority pro16 vided by subsection (a) may be used only with regard to

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

18 Restructuring’’.

19 ASSISTANCE FOR HAITI

20 SEC. 558. (a) None of the funds appropriated by this

21 or any previous appropriations Act for foreign operations,

22 export financing and related programs shall be made avail23 able for assistance for the Government of Haiti until—

24 (1) the Secretary of State reports to the Com25 mittees on Appropriations that Haiti has held free

26 and fair elections to seat a new parliament; and
94

•HR 4811 EH

1 (2) the Director of the Office of National Drug

2 Control Policy reports to the Committees on Appro3 priations that the Government of Haiti is fully co4 operating with United States efforts to interdict il5 licit drug traffic through Haiti to the United States.

6 (b) Not more than 11 percent of the funds appro7 priated by this Act to carry out the provisions of sections

8 103 through 106 and chapter 4 of part II of the Foreign

9 Assistance Act of 1961, that are made available for Latin

10 America and the Caribbean region may be made available,

11 through bilateral and Latin America and the Caribbean

12 regional programs, to provide assistance for any country

13 in such region.

14 REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN

15 REPORT OF SECRETARY OF STATE

16 SEC. 559. (a) FOREIGN AID REPORTING REQUIRE17 MENT.—In addition to the voting practices of a foreign

18 country, the report required to be submitted to Congress

19 under section 406(a) of the Foreign Relations Authoriza20 tion Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a),

21 shall include a side-by-side comparison of individual coun22 tries’ overall support for the United States at the United

23 Nations and the amount of United States assistance pro24 vided to such country in fiscal year 2000.

25 (b) UNITED STATES ASSISTANCE.—For purposes of

26 this section, the term ‘‘United States assistance’’ has the
95

•HR 4811 EH

1 meaning given the term in section 481(e)(4) of the For2 eign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).

3 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

4 UNITED NATIONS AGENCIES

5 SEC. 560. (a) PROHIBITION ON VOLUNTARY CON6 TRIBUTIONS FOR THE UNITED NATIONS.—None of the

7 funds appropriated by this Act may be made available to

8 pay any voluntary contribution of the United States to the

9 United Nations (including the United Nations Develop10 ment Program) if the United Nations implements or im11 poses any taxation on any United States persons.

12 (b) CERTIFICATION REQUIRED FOR DISBURSEMENT

13 OF FUNDS.—None of the funds appropriated by this Act

14 may be made available to pay any voluntary contribution

15 of the United States to the United Nations (including the

16 United Nations Development Program) unless the Presi17 dent certifies to the Congress 15 days in advance of such

18 payment that the United Nations is not engaged in any

19 effort to implement or impose any taxation on United

20 States persons in order to raise revenue for the United

21 Nations or any of its specialized agencies.

22 (c) DEFINITIONS.—As used in this section the term

23 ‘‘United States person’’ refers to—

24 (1) a natural person who is a citizen or national

25 of the United States; or
96

•HR 4811 EH

1 (2) a corporation, partnership, or other legal

2 entity organized under the United States or any

3 State, territory, possession, or district of the United

4 States.

5 HAITI

6 SEC. 561. The Government of Haiti shall be eligible

7 to purchase defense articles and services under the Arms

8 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast

9 Guard: Provided, That the authority provided by this sec10 tion shall be subject to the regular notification procedures

11 of the Committees on Appropriations.

12 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

13 AUTHORITY

14 SEC. 562. (a) PROHIBITION OF FUNDS.—None of the

15 funds appropriated by this Act to carry out the provisions

16 of chapter 4 of part II of the Foreign Assistance Act of

17 1961 may be obligated or expended with respect to pro18 viding funds to the Palestinian Authority.

19 (b) WAIVER.—The prohibition included in subsection

20 (a) shall not apply if the President certifies in writing to

21 the Speaker of the House of Representatives and the

22 President pro tempore of the Senate that waiving such

23 prohibition is important to the national security interests

24 of the United States.

25 (c) PERIOD OF APPLICATION OF WAIVER.—Any

26 waiver pursuant to subsection (b) shall be effective for no
97

•HR 4811 EH

1 more than a period of 6 months at a time and shall not

2 apply beyond 12 months after the enactment of this Act.

3 LIMITATION ON ASSISTANCE TO SECURITY FORCES

4 SEC. 563. None of the funds made available by this

5 Act may be provided to any unit of the security forces

6 of a foreign country if the Secretary of State has credible

7 evidence that such unit has committed gross violations of

8 human rights, unless the Secretary determines and reports

9 to the Committees on Appropriations that the government

10 of such country is taking effective measures to bring the

11 responsible members of the security forces unit to justice:

12 Provided, That nothing in this section shall be construed

13 to withhold funds made available by this Act from any

14 unit of the security forces of a foreign country not credibly

15 alleged to be involved in gross violations of human rights:

16 Provided further, That in the event that funds are withheld

17 from any unit pursuant to this section, the Secretary of

18 State shall promptly inform the foreign government of the

19 basis for such action and shall, to the maximum extent

20 practicable, assist the foreign government in taking effec21 tive measures to bring the responsible members of the se22 curity forces to justice.

23 RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING

24 SANCTUARY TO INDICTED WAR CRIMINALS

25 SEC. 564. (a) BILATERAL ASSISTANCE.—None of the

26 funds made available by this or any prior Act making ap-
98

•HR 4811 EH

1 propriations for foreign operations, export financing and

2 related programs, may be provided for any country, entity

3 or municipality described in subsection (e).

4 (b) MULTILATERAL ASSISTANCE.—

5 (1) PROHIBITION.—The Secretary of the Treas6 ury shall instruct the United States executive direc7 tors of the international financial institutions to

8 work in opposition to, and vote against, any exten9 sion by such institutions of any financial or technical

10 assistance or grants of any kind to any country or

11 entity described in subsection (e).

12 (2) NOTIFICATION.—Not less than 15 days be13 fore any vote in an international financial institution

14 regarding the extension of financial or technical as15 sistance or grants to any country or entity described

16 in subsection (e), the Secretary of the Treasury, in

17 consultation with the Secretary of State, shall pro18 vide to the Committee on Appropriations and the

19 Committee on Foreign Relations of the Senate and

20 the Committee on Appropriations and the Com21 mittee on Banking and Financial Services of the

22 House of Representatives a written justification for

23 the proposed assistance, including an explanation of

24 the United States position regarding any such vote,

25 as well as a description of the location of the pro-
99

•HR 4811 EH

1 posed assistance by municipality, its purpose, and its

2 intended beneficiaries.

3 (3) DEFINITION.—The term ‘‘international fi4 nancial institution’’ includes the International Mone5 tary Fund, the International Bank for Reconstruc6 tion and Development, the International Develop7 ment Association, the International Finance Cor8 poration, the Multilateral Investment Guaranty

9 Agency, and the European Bank for Reconstruction

10 and Development.

11 (c) EXCEPTIONS.—

12 (1) IN GENERAL.—Subject to paragraph (2),

13 subsections (a) and (b) shall not apply to the provi14 sion of—

15 (A) humanitarian assistance;

16 (B) democratization assistance;

17 (C) assistance for cross border physical in18 frastructure projects involving activities in both

19 a sanctioned country, entity, or municipality

20 and a nonsanctioned contiguous country, entity,

21 or municipality, if the project is primarily lo22 cated in and primarily benefits the nonsanc23 tioned country, entity, or municipality and if

24 the portion of the project located in the sanc-
100

•HR 4811 EH

1 tioned country, entity, or municipality is nec2 essary only to complete the project;

3 (D) small-scale assistance projects or ac4 tivities requested by United States Armed

5 Forces that promote good relations between

6 such forces and the officials and citizens of the

7 areas in the United States SFOR sector of Bos8 nia;

9 (E) implementation of the Brcko Arbitral

10 Decision;

11 (F) lending by the international financial

12 institutions to a country or entity to support

13 common monetary and fiscal policies at the na14 tional level as contemplated by the Dayton

15 Agreement;

16 (G) direct lending to a non-sanctioned enti17 ty, or lending passed on by the national govern18 ment to a non-sanctioned entity; or

19 (H) assistance to the International Police

20 Task Force for the training of a civilian police

21 force.

22 (2) NOTIFICATION.—Every 60 days the Sec23 retary of State, in consultation with the Adminis24 trator of the Agency for International Development,

25 shall publish in the Federal Register and/or in a
101

•HR 4811 EH

1 comparable publicly accessible document or Internet

2 site, a listing and justification of any assistance that

3 is obligated within that period of time for any coun4 try, entity, or municipality described in subsection

5 (e), including a description of the purpose of the as6 sistance, project and its location, by municipality.

7 (d) FURTHER LIMITATIONS.—Notwithstanding sub8 section (c)—

9 (1) no assistance may be made available by this

10 Act, or any prior Act making appropriations for for11 eign operations, export financing and related pro12 grams, in any country, entity, or municipality de13 scribed in subsection (e), for a program, project, or

14 activity in which a publicly indicted war criminal is

15 known to have any financial or material interest;

16 and

17 (2) no assistance (other than emergency foods

18 or medical assistance or demining assistance) may

19 be made available by this Act, or any prior Act mak20 ing appropriations for foreign operations, export fi21 nancing and related programs for any program,

22 project, or activity in a community within any coun23 try, entity or municipality described in subsection (e)

24 if competent authorities within that community are

25 not complying with the provisions of article IX and
102

•HR 4811 EH

1 annex 4, article II, paragraph 8 of the Dayton

2 Agreement relating to war crimes and the Tribunal.

3 (e) SANCTIONED COUNTRY, ENTITY, OR MUNICI4 PALITY.—A sanctioned country, entity, or municipality de5 scribed in this section is one whose competent authorities

6 have failed, as determined by the Secretary of State, to

7 take necessary and significant steps to apprehend and

8 transfer to the Tribunal all persons who have been publicly

9 indicted by the Tribunal.

10 (f ) SPECIAL RULE.—Subject to subsection (d), sub11 sections (a) and (b) shall not apply to the provision of

12 assistance to an entity that is not a sanctioned entity, not13 withstanding that such entity may be within a sanctioned

14 country, if the Secretary of State determines and so re15 ports to the appropriate congressional committees that

16 providing assistance to that entity would promote peace

17 and internationally recognized human rights by encour18 aging that entity to cooperate fully with the Tribunal.

19 (g) CURRENT RECORD OF WAR CRIMINALS AND

20 SANCTIONED COUNTRIES, ENTITIES, AND MUNICIPALI21 TIES.—

22 (1) IN GENERAL.—The Secretary of State shall

23 establish and maintain a current record of the loca24 tion, including the municipality, if known, of publicly
103

•HR 4811 EH

1 indicted war criminals and a current record of sanc2 tioned countries, entities, and municipalities.

3 (2) INFORMATION OF THE DCI AND THE SEC4 RETARY OF DEFENSE.—The Director of Central In5 telligence and the Secretary of Defense should col6 lect and provide to the Secretary of State informa7 tion concerning the location, including the munici8 pality, of publicly indicted war criminals.

9 (3) INFORMATION OF THE TRIBUNAL.—The

10 Secretary of State shall request that the Tribunal

11 and other international organizations and govern12 ments provide the Secretary of State information

13 concerning the location, including the municipality,

14 of publicly indicted war criminals and concerning

15 country, entity and municipality authorities known

16 to have obstructed the work of the Tribunal.

17 (4) REPORT.—Beginning 30 days after the date

18 of the enactment of this Act, and not later than Sep19 tember 1 each year thereafter, the Secretary of

20 State shall submit a report in classified and unclas21 sified form to the appropriate congressional commit22 tees on the location, including the municipality, if

23 known, of publicly indicted war criminals, on coun24 try, entity and municipality authorities known to
104

•HR 4811 EH

1 have obstructed the work of the Tribunal, and on

2 sanctioned countries, entities, and municipalities.

3 (5) INFORMATION TO CONGRESS.—Upon the re4 quest of the chairman or ranking minority member

5 of any of the appropriate congressional committees,

6 the Secretary of State shall make available to that

7 committee the information recorded under para8 graph (1) in a report submitted to the committee in

9 classified and unclassified form.

10 (h) WAIVER.—

11 (1) IN GENERAL.—The Secretary of State may

12 waive the application of subsection (a) or subsection

13 (b) with respect to specified bilateral programs or

14 international financial institution projects or pro15 grams in a sanctioned country, entity, or munici16 pality upon providing a written determination to the

17 Committee on Appropriations and the Committee on

18 Foreign Relations of the Senate and the Committee

19 on Appropriations and the Committee on Inter20 national Relations of the House of Representatives

21 that such assistance directly supports the implemen22 tation of the Dayton Agreement and its Annexes,

23 which include the obligation to apprehend and trans24 fer indicted war criminals to the Tribunal.
105

•HR 4811 EH

1 (2) REPORT.—Not later than 15 days after the

2 date of any written determination under paragraph

3 (1) the Secretary of State shall submit a report to

4 the Committee on Appropriations and the Com5 mittee on Foreign Relations of the Senate and the

6 Committee on Appropriations and the Committee on

7 International Relations of the House of Representa8 tives regarding the status of efforts to secure the

9 voluntary surrender or apprehension and transfer of

10 persons indicted by the Tribunal, in accordance with

11 the Dayton Agreement, and outlining obstacles to

12 achieving this goal.

13 (3) ASSISTANCE PROGRAMS AND PROJECTS AF14 FECTED.—Any waiver made pursuant to this sub15 section shall be effective only with respect to a speci16 fied bilateral program or multilateral assistance

17 project or program identified in the determination of

18 the Secretary of State to Congress.

19 (i) TERMINATION OF SANCTIONS.—The sanctions im20 posed pursuant to subsections (a) and (b) with respect to

21 a country or entity shall cease to apply only if the Sec22 retary of State determines and certifies to Congress that

23 the authorities of that country, entity, or municipality

24 have apprehended and transferred to the Tribunal all per25 sons who have been publicly indicted by the Tribunal.
106

•HR 4811 EH

1 ( j) DEFINITIONS.—As used in this section—

2 (1) COUNTRY.—The term ‘‘country’’ means

3 Bosnia-Herzegovina, Croatia, and Serbia.

4 (2) ENTITY.—The term ‘‘entity’’ refers to the

5 Federation of Bosnia and Herzegovina, Kosovo,

6 Montenegro, and the Republika Srpska.

7 (3) DAYTON AGREEMENT.—The term ‘‘Dayton

8 Agreement’’ means the General Framework Agree9 ment for Peace in Bosnia and Herzegovina, together

10 with annexes relating thereto, done at Dayton, No11 vember 10 through 16, 1995.

12 (4) TRIBUNAL.—The term ‘‘Tribunal’’ means

13 the International Criminal Tribunal for the Former

14 Yugoslavia.

15 (k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND

16 GOVERNMENT AGENCIES.—In carrying out this section,

17 the Secretary of State, the Administrator of the Agency

18 for International Development, and the executive directors

19 of the international financial institutions shall consult with

20 representatives of human rights organizations and all gov21 ernment agencies with relevant information to help pre22 vent publicly indicted war criminals from benefiting from

23 any financial or technical assistance or grants provided to

24 any country or entity described in subsection (e).
107

•HR 4811 EH

1 TO PROHIBIT FOREIGN ASSISTANCE TO THE GOVERN2 MENT OF THE RUSSIAN FEDERATION SHOULD IT

3 ENACT LAWS WHICH WOULD DISCRIMINATE AGAINST

4 MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FED5 ERATION

6 SEC. 565. None of the funds appropriated under this

7 Act may be made available for the Government of the Rus8 sian Federation, after 180 days from the date of the en9 actment of this Act, unless the President determines and

10 certifies in writing to the Committees on Appropriations

11 and the Committee on Foreign Relations of the Senate

12 that the Government of the Russian Federation has imple13 mented no statute, executive order, regulation or similar

14 government action that would discriminate, or would have

15 as its principal effect discrimination, against religious

16 groups or religious communities in the Russian Federation

17 in violation of accepted international agreements on

18 human rights and religious freedoms to which the Russian

19 Federation is a party.

20 GREENHOUSE GAS EMISSIONS

21 SEC. 566. (a) Funds made available in this Act to

22 support programs or activities the primary purpose of

23 which is promoting or assisting country participation in

24 the Kyoto Protocol to the Framework Convention on Cli25 mate Change (FCCC) shall only be made available subject
108

•HR 4811 EH

1 to the regular notification procedures of the Committees

2 on Appropriations.

3 (b) The President shall provide a detailed account of

4 all Federal agency obligations and expenditures for cli5 mate change programs and activities, domestic and inter6 national obligations for such activities in fiscal year 2001,

7 and any plan for programs thereafter related to the imple8 mentation or the furtherance of protocols pursuant to, or

9 related to negotiations to amend the FCCC in conjunction

10 with the President’s submission of the Budget of the

11 United States Government for Fiscal Year 2002: Pro12 vided, That such report shall include an accounting of ex13 penditures by agency with each agency identifying climate

14 change activities and associated costs by line item as pre15 sented in the President’s Budget Appendix: Provided fur16 ther, That such report shall identify with regard to the

17 Agency for International Development, obligations and ex18 penditures by country or central program and activity.

19 AID TO THE GOVERNMENT OF THE DEMOCRATIC

20 REPUBLIC OF CONGO

21 SEC. 567. None of the funds appropriated or other22 wise made available by this Act may be provided to the

23 Central Government of the Democratic Republic of Congo.

24 ASSISTANCE FOR THE MIDDLE EAST

25 SEC. 568. Of the funds appropriated in titles II and

26 III of this Act under the headings ‘‘Economic Support
109

•HR 4811 EH

1 Fund’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter2 national Military Education and Training’’, ‘‘Peace3 keeping Operations’’, for refugees resettling in Israel

4 under the heading ‘‘Migration and Refugee Assistance’’,

5 and for assistance for Israel to carry out provisions of

6 chapter 8 of part II of the Foreign Assistance Act of 1961

7 under the heading ‘‘Nonproliferation, Anti-Terrorism,

8 Demining and Related Programs’’, not more than a total

9 of $5,221,150,000 may be made available for Israel,

10 Egypt, Jordan, Lebanon, the West Bank and Gaza, the

11 Israel-Lebanon Monitoring Group, the Multinational

12 Force and Observers, the Middle East Regional Democ13 racy Fund, Middle East Regional Cooperation, and Middle

14 East Multilateral Working Groups: Provided, That any

15 funds that were appropriated under such headings in prior

16 fiscal years and that were at the time of the enactment

17 of this Act obligated or allocated for other recipients may

18 not during fiscal year 2001 be made available for activities

19 that, if funded under this Act, would be required to count

20 against this ceiling: Provided further, That funds may be

21 made available notwithstanding the requirements of this

22 section if the President determines and certifies to the

23 Committees on Appropriations that it is important to the

24 national security interest of the United States to do so

25 and any such additional funds shall only be provided
110

•HR 4811 EH

1 through the regular notification procedures of the Com2 mittees on Appropriations.

3 ENTERPRISE FUND RESTRICTIONS

4 SEC. 569. Prior to the distribution of any assets re5 sulting from any liquidation, dissolution, or winding up

6 of an Enterprise Fund, in whole or in part, the President

7 shall submit to the Committees on Appropriations, in ac8 cordance with the regular notification procedures of the

9 Committees on Appropriations, a plan for the distribution

10 of the assets of the Enterprise Fund.

11 CAMBODIA

12 SEC. 570. (a) The Secretary of the Treasury should

13 instruct the United States executive directors of the inter14 national financial institutions to use the voice and vote

15 of the United States to oppose loans to the Central Gov16 ernment of Cambodia, except loans to support basic

17 human needs.

18 (b) None of the funds appropriated by this Act may

19 be made available for assistance for the Central Govern20 ment of Cambodia.

21 FOREIGN MILITARY TRAINING REPORT

22 SEC. 571. (a) The Secretary of Defense and the Sec23 retary of State shall jointly provide to the Congress by

24 March 1, 2001, a report on all military training provided

25 to foreign military personnel (excluding sales, and exclud26 ing training provided to the military personnel of countries
111

•HR 4811 EH

1 belonging to the North Atlantic Treaty Organization)

2 under programs administered by the Department of De3 fense and the Department of State during fiscal years

4 2000 and 2001, including those proposed for fiscal year

5 2001. This report shall include, for each such military

6 training activity, the foreign policy justification and pur7 pose for the training activity, the cost of the training activ8 ity, the number of foreign students trained and their units

9 of operation, and the location of the training. In addition,

10 this report shall also include, with respect to United States

11 personnel, the operational benefits to United States forces

12 derived from each such training activity and the United

13 States military units involved in each such training activ14 ity. This report may include a classified annex if deemed

15 necessary and appropriate.

16 (b) For purposes of this section a report to Congress

17 shall be deemed to mean a report to the Appropriations

18 and Foreign Relations Committees of the Senate and the

19 Appropriations and International Relations Committees of

20 the House of Representatives.

21 KOREAN PENINSULA ENERGY DEVELOPMENT

22 ORGANIZATION

23 SEC. 572. (a) Of the funds made available under the

24 heading ‘‘Nonproliferation, Anti-terrorism, Demining and

25 Related Programs’’, not to exceed $35,000,000 may be

26 made available for the Korean Peninsula Energy Develop-
112

•HR 4811 EH

1 ment Organization (hereafter referred to in this section

2 as ‘‘KEDO’’), notwithstanding any other provision of law,

3 only for the administrative expenses and heavy fuel oil

4 costs associated with the Agreed Framework.

5 (b) Such funds may be made available for KEDO

6 only if, 30 days prior to such obligation of funds, the

7 President certifies and so reports to Congress that—

8 (1) the parties to the Agreed Framework have

9 taken and continue to take demonstrable steps to

10 implement the Joint Declaration on

11 Denuclearization of the Korean Peninsula in which

12 the Government of North Korea has committed not

13 to test, manufacture, produce, receive, possess, store,

14 deploy, or use nuclear weapons, and not to possess

15 nuclear reprocessing or uranium enrichment facili16 ties;

17 (2) the parties to the Agreed Framework have

18 taken and continue to take demonstrable steps to

19 pursue the North-South dialogue;

20 (3) North Korea is complying with all provi21 sions of the Agreed Framework;

22 (4) North Korea has not significantly diverted

23 assistance provided by the United States for pur24 poses for which it was not intended;
113

•HR 4811 EH

1 (5) there is no credible evidence that North

2 Korea is seeking to develop or acquire the capability

3 to enrich uranium, or any additional capability to re4 process spent nuclear fuel;

5 (6) North Korea is complying with its commit6 ments regarding access to suspect underground con7 struction at Kumchang-ni;

8 (7) there is no credible evidence that North

9 Korea is engaged in a nuclear weapons program, in10 cluding efforts to acquire, develop, test, produce, or

11 deploy such weapons; and

12 (8) the United States is continuing to make sig13 nificant progress on eliminating the North Korean

14 ballistic missile threat, including further missile tests

15 and its ballistic missile exports.

16 (c) The President may waive the certification require17 ments of subsection (b) if the President determines that

18 it is vital to the national security interests of the United

19 States and provides written policy justifications to the ap20 propriate congressional committees. No funds may be obli21 gated for KEDO until 30 days after submission to Con22 gress of such waiver.

23 (d) The Secretary of State shall, at the time of the

24 annual presentation for appropriations, submit a report

25 providing a full and detailed accounting of the fiscal year
114

•HR 4811 EH

1 2002 request for the United States contribution to KEDO,

2 the expected operating budget of KEDO, proposed annual

3 costs associated with heavy fuel oil purchases, including

4 unpaid debt, and the amount of funds pledged by other

5 donor nations and organizations to support KEDO activi6 ties on a per country basis, and other related activities.

7 AFRICAN DEVELOPMENT FOUNDATION

8 SEC. 573. Funds made available to grantees of the

9 African Development Foundation may be invested pending

10 expenditure for project purposes when authorized by the

11 President of the Foundation: Provided, That interest

12 earned shall be used only for the purposes for which the

13 grant was made: Provided further, That this authority ap14 plies to interest earned both prior to and following the en15 actment of this provision: Provided further, That notwith16 standing section 505(a)(2) of the African Development

17 Foundation Act, in exceptional circumstances the board

18 of directors of the Foundation may waive the $250,000

19 limitation contained in that section with respect to a

20 project: Provided further, That the Foundation shall pro21 vide a report to the Committees on Appropriations in ad22 vance of exercising such waiver authority.

23 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

24 BROADCASTING CORPORATION

25 SEC. 574. None of the funds appropriated or other26 wise made available by this Act may be used to provide
115

•HR 4811 EH

1 equipment, technical support, consulting services, or any

2 other form of assistance to the Palestinian Broadcasting

3 Corporation.

4 IRAQ OPPOSITION

5 SEC. 575. Notwithstanding any other provision of

6 law, of the funds appropriated under the heading ‘‘Eco7 nomic Support Fund’’, not to exceed $10,000,000 may be

8 made available to support efforts to bring about political

9 transition in Iraq, of which not to exceed $8,000,000 may

10 be made available only to Iraqi opposition groups des11 ignated under the Iraq Liberation Act (Public Law 105–

12 338) for political, economic, humanitarian, and other ac13 tivities of such groups, and not to exceed $2,000,000 may

14 be made available for groups and activities seeking the

15 prosecution of Saddam Hussein and other Iraqi govern16 ment officials for war crimes: Provided, That none of these

17 funds may be made available for administrative expenses

18 of the Department of State.

19 AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET

20 JUSTIFICATION

21 SEC. 576. The Agency for International Development

22 shall submit to the Committees on Appropriations a de23 tailed budget justification that is consistent with the re24 quirements of section 515, for each fiscal year. The Agen25 cy shall submit to the Committees on Appropriations a

26 proposed budget justification format no later than October
116

•HR 4811 EH

1 31, 2001, or 30 days after the enactment of this Act,

2 whichever occurs later. The proposed format shall include

3 how the Agency’s budget justification will address: (1) es4 timated levels of obligations for the current fiscal year and

5 actual levels for the 2 previous fiscal years; (2) the Presi6 dent’s request for new budget authority and estimated car7 ryover obligational authority for the budget year; (3) the

8 disaggregation of budget data and staff levels by program

9 and activity for each bureau, field mission, and central of10 fice; and (4) the need for a user-friendly, transparent

11 budget narrative.

12 KYOTO PROTOCOL

13 SEC. 577. None of the funds appropriated by this Act

14 shall be used to propose or issue rules, regulations, de15 crees, or orders for the purpose of implementation, or in

16 preparation for implementation, of the Kyoto Protocol,

17 which was adopted on December 11, 1997, in Kyoto,

18 Japan, at the Third Conference of the Parties to the

19 United States Framework Convention on Climate Change,

20 which has not been submitted to the Senate for advice and

21 consent to ratification pursuant to article II, section 2,

22 clause 2, of the United States Constitution, and which has

23 not entered into force pursuant to article 25 of the Pro24 tocol. The limitation established in this section shall not

25 apply to any activity otherwise authorized by law.
117

•HR 4811 EH

1 WEST BANK AND GAZA PROGRAM

2 SEC. 578. For fiscal year 2001, 30 days prior to the

3 initial obligation of funds for the bilateral West Bank and

4 Gaza Program, the Secretary of State shall certify to the

5 appropriate committees of Congress that procedures have

6 been established to assure the Comptroller General of the

7 United States will have access to appropriate United

8 States financial information in order to review the uses

9 of United States assistance for the Program funded under

10 the heading ‘‘Economic Support Fund’’ for the West Bank

11 and Gaza.

12 INDONESIA

13 SEC. 579. Funds appropriated by this Act under the

14 heading ‘‘Foreign Military Financing Program’’ may be

15 made available for Indonesia if the President determines

16 and submits a report to the appropriate congressional

17 committees that the Indonesian government and the Indo18 nesian armed forces are—

19 (1) taking effective measures to bring to justice

20 members of the armed forces and militia groups

21 against whom there is credible evidence of human

22 rights violations;

23 (2) taking effective measures to bring to justice

24 members of the armed forces against whom there is

25 credible evidence of aiding or abetting militia

26 groups;
118

•HR 4811 EH

1 (3) allowing displaced persons and refugees to

2 return home to East Timor, including providing safe

3 passage for refugees returning from West Timor;

4 (4) not impeding the activities of the United

5 Nations Transitional Authority in East Timor

6 (UNTAET);

7 (5) demonstrating a commitment to preventing

8 incursions into East Timor by members of militia

9 groups in West Timor; and

10 (6) demonstrating a commitment to account11 ability by cooperating with investigations and pros12 ecutions of members of the Indonesian armed forces

13 and militia groups responsible for human rights vio14 lations in Indonesia and East Timor.

15 MAN AND THE BIOSPHERE

16 SEC. 580. None of the funds appropriated or other17 wise made available by this Act may be provided for the

18 United Nations Man and the Biosphere Program or the

19 United Nations World Heritage Fund.

20 CONSULTATIONS ON ARMS SALES TO TAIWAN

21 SEC. 581. Consistent with the intent of Congress ex22 pressed in the enactment of section 3(b) of the Taiwan

23 Relations Act, the Secretary of State shall consult with

24 the appropriate committees and leadership of Congress to

25 devise a mechanism to provide for congressional input

26 prior to making any determination on the nature or quan-
119

•HR 4811 EH

1 tity of defense articles and services to be made available

2 to Taiwan.

3 RESTRICTION ON UNITED STATES ASSISTANCE FOR CER4 TAIN RECONSTRUCTION EFFORTS IN CENTRAL EU5 ROPE

6 SEC. 582. Funds appropriated or otherwise made

7 available by this Act for United States assistance for East8 ern Europe and the Baltic States should to the maximum

9 extent practicable be used for the procurement of articles

10 and services of United States origin.

11 RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS

12 DESTABILIZING SIERRA LEONE

13 SEC. 583. (a) None of the funds appropriated by this

14 Act may be made available for assistance for the govern15 ment of any country that the Secretary of State deter16 mines there is credible evidence that such government has

17 provided lethal or non-lethal military support or equip18 ment, directly or through intermediaries, within the pre19 vious 6 months to the Sierra Leone Revolutionary United

20 Front (RUF), or any other group intent on destabilizing

21 the democratically elected government of the Republic of

22 Sierra Leone.

23 (b) None of the funds appropriated by this Act may

24 be made available for assistance for the government of any

25 country that the Secretary of State determines there is

26 credible evidence that such government has aided or abet-
120

•HR 4811 EH

1 ted, within the previous 6 months, in the illicit distribu2 tion, transportation, or sale of diamonds mined in Sierra

3 Leone.

4 (c) Whenever the prohibition on assistance required

5 under subsection (a) or (b) is exercised, the Secretary of

6 State shall notify the Committees on Appropriations in a

7 timely manner.

8 VOLUNTARY SEPARATION INCENTIVES

9 SEC. 584. Section 579(c)(2)(D) of the Foreign Oper10 ations, Export Financing, and Related Programs Appro11 priations Act, 2000, as enacted by section 1000(a)(2) of

12 the Consolidated Appropriations Act, 2000 (Public Law

13 106–113), is amended by striking ‘‘December 31, 2000’’

14 and inserting in lieu thereof ‘‘December 31, 2001’’.

15 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

16 SEC. 585. (1) LIMITATIONS ON AMOUNT OF CON17 TRIBUTION.—Of the amounts made available under

18 ‘‘International Organizations and Programs’’, not more

19 than $25,000,000 for fiscal year 2001 shall be available

20 for the United Nations Population Fund (hereafter in this

21 subsection referred to as the ‘‘UNFPA’’).

22 (2) PROHIBITION ON USE OF FUNDS IN CHINA.—

23 None of the funds made available under ‘‘International

24 Organizations and Programs’’ may be made available for

25 the UNFPA for a country program in the People’s Repub26 lic of China.
121

•HR 4811 EH

1 (3) CONDITIONS ON AVAILABILITY OF FUNDS.—

2 Amounts made available under ‘‘International Organiza3 tions and Programs’’ for fiscal year 2001 for the UNFPA

4 may not be made available to UNFPA unless—

5 (A) the UNFPA maintains amounts made

6 available to the UNFPA under this section in an ac7 count separate from other accounts of the UNFPA;

8 (B) the UNFPA does not commingle amounts

9 made available to the UNFPA under this section

10 with other sums; and

11 (C) the UNFPA does not fund abortions.

12 (4) REPORT TO THE CONGRESS AND WITHHOLDING

13 OF FUNDS.—

14 (A) Not later than February 15, 2001, the Sec15 retary of State shall submit a report to the appro16 priate congressional committees indicating the

17 amount of funds that the United Nations Population

18 Fund is budgeting for the year in which the report

19 is submitted for a country program in the People’s

20 Republic of China.

21 (B) If a report under subparagraph (A) indi22 cates that the United Nations Population Fund

23 plans to spend funds for a country program in the

24 People’s Republic of China in the year covered by

25 the report, then the amount of such funds that the
122

•HR 4811 EH

1 UNFPA plans to spend in the People’s Republic of

2 China shall be deducted from the funds made avail3 able to the UNFPA after March 1 for obligation for

4 the remainder of the fiscal year in which the report

5 is submitted.

6 AUTHORIZATION FOR POPULATION PLANNING

7 SEC. 586. (a) AUTHORIZATION.—Not to exceed

8 $385,000,000 of the funds appropriated in title II of this

9 Act may be available for population planning activities or

10 other population assistance.

11 (b) RESTRICTION ON ASSISTANCE TO FOREIGN OR12 GANIZATIONS THAT PERFORM OR ACTIVELY PROMOTE

13 ABORTIONS.—

14 (1) PERFORMANCE OF ABORTIONS.—(A) Not15 withstanding section 614 of the Foreign Assistance

16 Act of 1961, or any other provision of law, no funds

17 appropriated by title II of this Act for population

18 planning activities or other population assistance

19 may be made available for any foreign private, non20 governmental, or multilateral organization until the

21 organization certifies that it will not, during the pe22 riod for which the funds are made available, perform

23 abortions in any foreign country, except where the

24 life of the mother would be endangered if the preg25 nancy were carried to term or in cases of forcible

26 rape or incest.
123

•HR 4811 EH

1 (B) Subparagraph (A) may not be construed to

2 apply to the treatment of injuries or illnesses caused

3 by legal or illegal abortions or to assistance provided

4 directly to the government of a country.

5 (2) LOBBYING ACTIVITIES.—(A) Notwith6 standing section 614 of the Foreign Assistance Act

7 of 1961, or any other provision of law, no funds ap8 propriated by title II of this Act for population plan9 ning activities or other population assistance may be

10 made available for any foreign private, nongovern11 mental, or multilateral organization until the organi12 zation certifies that it will not, during the period for

13 which the funds are made available, violate the laws

14 of any foreign country concerning the circumstances

15 under which abortion is permitted, regulated, or pro16 hibited, or engage in activities or efforts to alter the

17 laws or governmental policies of any foreign country

18 concerning the circumstances under which abortion

19 is permitted, regulated, or prohibited.

20 (B) Subparagraph (A) shall not apply to activi21 ties in opposition to coercive abortion or involuntary

22 sterilization.

23 (3) APPLICATION TO FOREIGN ORGANIZA24 TIONS.—The prohibitions and certifications of this

25 subsection apply to funds made available to a for-
124

•HR 4811 EH

1 eign organization either directly or as a subcon2 tractor or subgrantee.

3 (c) WAIVER AUTHORITY.—

4 (1) AUTHORITY.—The President may waive the

5 restrictions contained in subsection (b) that require

6 certifications from foreign private, nongovernmental,

7 or multilateral organizations.

8 (2) REDUCTION OF ASSISTANCE.—In the event

9 the President exercises the authority contained in

10 paragraph (1) to waive either or both subsections

11 (b)(1) and (b)(2), then—

12 (A) assistance authorized by subsection (a)

13 and allocated for population planning activities

14 or other population assistance shall be reduced

15 by a total of $12,500,000, and that amount

16 shall be transferred from funds appropriated by

17 this Act under the heading ‘‘Development As18 sistance’’ and consolidated and merged with

19 funds appropriated by this Act under the head20 ing ‘‘Child Survival and Disease Programs

21 Fund’’; and

22 (B) notwithstanding any other provision of

23 law, such transferred funds that would have

24 been made available for population planning ac25 tivities or other population assistance shall be
125

•HR 4811 EH

1 made available for infant and child health pro2 grams that have a direct, measurable, and high

3 impact on reducing the incidence of illness and

4 death among children.

5 (3) LIMITATION.—The authority provided in

6 paragraph (1) may be exercised to allow the provi7 sion of not more than $15,000,000, in the aggre8 gate, to all foreign private, nongovernmental, or

9 multilateral organizations with respect to which such

10 authority is exercised.

11 (4) ADDITIONAL REQUIREMENTS.—Upon exer12 cising the authority provided in paragraph (1), the

13 President shall report in writing to the Committee

14 on Appropriations and the Committee on Foreign

15 Relations of the Senate and the Committee on Ap16 propriations and the Committee on International Re17 lations of the House of Representatives.

18 AMERICAN CHURCHWOMEN IN EL SALVADOR

19 SEC. 587. (a) Information relevant to the December

20 2, 1980, murders of four American churchwomen in El

21 Salvador shall be made public to the fullest extent pos22 sible.

23 (b) The Secretary of State and the Department of

24 State are to be commended for fully releasing information

25 regarding the murders.
126

•HR 4811 EH

1 (c) The President shall order all Federal agencies and

2 departments that possess relevant information to make

3 every effort to declassify and release to the victims’ fami4 lies relevant information as expeditiously as possible.

5 (d) In making determinations concerning the declas6 sification and release of relevant information, the Federal

7 agencies and departments shall presume in favor of releas8 ing, rather than of withholding, such information.

9 HIPC TRUST FUND CONDITIONS

10 SEC. 588. Beginning in fiscal year 2002, funds shall

11 be appropriated to the Heavily Indebted Poor Countries

12 Initiative only when the President of the World Bank and

13 the Managing Director of the International Monetary

14 Fund submit a certification to the Secretary of the Treas15 ury that the Institutions they head will not include user

16 fees or service charges through ‘‘community financing’’,

17 ‘‘cost sharing’’, ‘‘cost recovery’’, or any other mechanism

18 for primary education or primary healthcare, including

19 prevention and treatment efforts for AIDS, malaria, tu20 berculosis, and infant, child, and maternal well-being in

21 their Poverty Reduction Strategy Papers or any other

22 HIPC-related debt relief or economic reform program or

23 plan or any other International Monetary Fund or World

24 Bank loan or reform program.
127

•HR 4811 EH

1 SEC. 589. None of the funds made available in this

2 Act may be used to pay for the performance of abortion

3 or to lobby for or against abortion.

4 PROCUREMENT AND FINANCIAL MANAGEMENT REFORM

5 SEC. 590. (a) Of the funds made available under the

6 heading ‘‘International Financial Institutions’’ in this or

7 any prior Act making appropriations for foreign oper8 ations, export financing, or related programs, 10 percent

9 of the United States portion or payment to any inter10 national financial institution shall be withheld by the Sec11 retary of the Treasury, until the Secretary certifies that—

12 (1) the institution is implementing procedures

13 for conducting semiannual audits by qualified inde14 pendent auditors for all new lending;

15 (2) the institution has taken steps to establish

16 an independent fraud and corruption investigative

17 organization or office;

18 (3) the institution has implemented a program

19 to assess a recipient country’s procurement and fi20 nancial management capabilities, including an anal21 ysis of the risks of corruption prior to initiating new

22 lending; and

23 (4) the institution is taking steps to fund and

24 implement independent third-party procurement

25 monitoring and other similar measures designed to

26 improve transparency, anticorruption programs, pro-
128

•HR 4811 EH

1 curement, and financial management controls in re2 cipient countries.

3 (b) REPORT.—The Secretary of the Treasury shall

4 report on March 1, 2001, to the Committee on Appropria5 tions of the House of Representatives and the Committee

6 on Appropriations of the Senate on progress made to ful7 fill the objectives identified in subsection (a).

8 (c) DEFINITION.—The term ‘‘international financial

9 institution’’ means the International Bank for Reconstruc10 tion and Development, the International Development As11 sociation, the International Finance Corporation, the

12 Inter-American Development Bank, the Inter-American

13 Investment Corporation, the Enterprise for the Americas

14 Multilateral Investment Fund, the Asian Development

15 Bank, the Asian Development Fund, the African Develop16 ment Bank, the African Development Fund, the European

17 Bank for Reconstruction and Development, and the Inter18 national Monetary Fund.

19 SEC. 591. No funds in this Act may be used in con20 travention of section 307 of the Tariff Act of 1930 (19

21 U.S.C. 1307).

22 SEC. 592. No funds in this Act may be used in con23 travention of the Act of March 3, 1933 (41 U.S.C. 10a

24 et seq.; popularly known as the ‘‘Buy American Act’’).
129

•HR 4811 EH

1 PROHIBITION ON ASSUMPTION BY UNITED STATES GOV2 ERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS

3 IN NORTH KOREA

4 SEC. 593. (a) PROHIBITION.—None of the funds ap5 propriated or otherwise made available by this Act may

6 be used to enter into any agreement, contract, or other

7 arrangement which imposes liability on the United States

8 Government, or otherwise require financial indemnity by

9 the United States Government, for nuclear accidents that

10 may occur at nuclear reactors in the Democratic People’s

11 Republic of Korea.

12 (b) EXCEPTION.—Subsection (a) shall not apply to

13 any treaty subject to approval by the Senate pursuant to

14 article II, section 2, clause 2 of the Constitution of the

15 United States.

16 TITLE VI—MOZAMBIQUE, MADAGASCAR, AND

17 SOUTHERN AFRICA REHABILITATION AND

18 RECONSTRUCTION

19 The following sums are appropriated, out of any

20 money in the Treasury not otherwise appropriated, for the

21 fiscal year ending September 30, 2000, and for other pur22 poses, namely:
130

•HR 4811 EH

1 BILATERAL ECONOMIC ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 AGENCY FOR INTERNATIONAL DEVELOPMENT

4 INTERNATIONAL DISASTER ASSISTANCE

5 For an additional amount for ‘‘International Disaster

6 Assistance’’, $160,000,000, for rehabilitation and recon7 struction assistance for Mozambique, Madagascar, and

8 southern Africa, to remain available until expended: Pro9 vided, That none of the funds appropriated under this

10 heading may be made available for nonproject assistance:

11 Provided further, That prior to any obligation of funds ap12 propriated under this heading, the Administrator of the

13 Agency for International Development shall provide the

14 Committees on Appropriations with a detailed report con15 taining the amount of the proposed obligation and a de16 scription of the programs and projects, on a country-by17 country basis, to be funded with such amount: Provided

18 further, That up to $12,000,000 of the funds appropriated

19 under this heading may be charged to finance obligations

20 for which appropriations available under chapter 1 and 10

21 of part I of the Foreign Assistance Act of 1961 were ini22 tially charged for assistance for rehabilitation and recon23 struction for Mozambique, Madagascar, and southern Af24 rica: Provided further, That of the funds appropriated

25 under this heading, up to $5,000,000 may be used for ad26 ministrative expenses, including auditing costs, of the
131

•HR 4811 EH

1 Agency for International Development associated with the

2 assistance furnished under this heading: Provided further,

3 That the entire amount is designated by the Congress as

4 an emergency requirement pursuant to section

5 251(b)(2)(A) of the Balanced Budget and Emergency

6 Deficit Control Act of 1985, as amended: Provided further,

7 That the entire amount provided shall be available only

8 to the extent an official budget request that includes des9 ignation of the entire amount of the request as an emer10 gency requirement as defined in the Balanced Budget and

11 Emergency Deficit Control Act of 1985, as amended, is

12 transmitted by the President to the Congress.

13 This Act may be cited as the ‘‘Foreign Operations,

14 Export Financing, and Related Programs Appropriations

15 Act, 2001’’.

Passed the House of Representatives July 13, 2000.

Attest:

Clerk.