PUBLIC LAW 106–429—NOV. 6, 2000

FOREIGN OPERATIONS, EXPORT FINANCING,

AND RELATED PROGRAMS APPROPRIATIONS,

2001

114 STAT. 1900 PUBLIC LAW 106–429—NOV. 6, 2000

LEGISLATIVE HISTORY—H.R. 4811 (S. 2522):

HOUSE REPORTS: No. 106–720 (Comm. on Appropriations) and No. 106–997

(Comm. of Conference).

SENATE REPORTS: No. 106–291 accompanying S. 2522 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 12, 13, considered and passed House.

July 18, considered and passed Senate, amended, in lieu of S. 2522.

Oct. 25, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Nov. 6, Presidential statement.

*ENDNOTE: The following appendix was added pursuant to the provisions of section 101 of

this Act.

Æ

*Public Law 106–429

106th Congress

An Act

Making appropriations for foreign operations, export financing, and related programs

for the fiscal year ending September 30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 101. (a) The provisions of H.R. 5526 of the 106th

Congress, as introduced on October 24, 2000, are hereby enacted

into law.

(b) In publishing this Act in slip form and in the United

States Statutes at Large pursuant to section 112 of title 1, United

States Code, the Archivist of the United States shall include after

the date of approval at the end an appendix setting forth the

text of the bill referred to in subsection (a) of this section.

Approved November 6, 2000.

Publication.

1 USC 112 note.

Incorporation by

reference.

Nov. 6, 2000

[H.R. 4811]

PUBLIC LAW 106–429—APPENDIX 114 STAT. 1900A–1

TABLE OF CONTENTS

The table of contents is as follows:

APPENDIX A—H.R. 5526

APPENDIX A–1—S. 3140

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–3

APPENDIX A—H.R. 5526

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2001, and for other purposes, namely:

TITLE I—EXPORT AND INVESTMENT ASSISTANCE

EXPORT-IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is authorized

to make such expenditures within the limits of funds and borrowing

authority available to such corporation, and in accordance with

law, and to make such contracts and commitments without regard

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying

out the program for the current fiscal year for such corporation:

Provided, That none of the funds available during the current

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology

to any country other than a nuclear-weapon state as defined in

Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this

Act that has detonated a nuclear explosive after the date of the

enactment of this Act.

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and

tied-aid grants as authorized by section 10 of the Export-Import

Bank Act of 1945, as amended, $865,000,000 to remain available

until September 30, 2004: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974: Provided further,

That such sums shall remain available until September 30, 2019

for the disbursement of direct loans, loan guarantees, insurance

and tied-aid grants obligated in fiscal years 2001, 2002, 2003,

and 2004: Provided further, That none of the funds appropriated

by this Act or any prior Act appropriating funds for foreign operations, export financing, or related programs for tied-aid credits

or grants may be used for any other purpose except through the

regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph

are made available notwithstanding section 2(b)(2) of the Export

Import Bank Act of 1945, in connection with the purchase or lease

of any product by any East European country, any Baltic State

or any agency or national thereof.

114 STAT. 1900A–4 PUBLIC LAW 106–429—APPENDIX A

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger

motor vehicles and services as authorized by 5 U.S.C. 3109, and

not to exceed $30,000 for official reception and representation

expenses for members of the Board of Directors, $62,000,000: Provided, That necessary expenses (including special services performed on a contract or fee basis, but not including other personal

services) in connection with the collection of moneys owed the

Export-Import Bank, repossession or sale of pledged collateral or

other assets acquired by the Export-Import Bank in satisfaction

of moneys owed the Export-Import Bank, or the investigation or

appraisal of any property, or the evaluation of the legal or technical

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

guarantee or insurance commitment has been made, shall be considered nonadministrative expenses for the purposes of this heading:

Provided further, That, notwithstanding subsection (b) of section

117 of the Export Enhancement Act of 1992, subsection (a) thereof

shall remain in effect until October 1, 2001.

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized

to make, without regard to fiscal year limitations, as provided

by 31 U.S.C. 9104, such expenditures and commitments within

the limits of funds available to it and in accordance with law

as may be necessary: Provided, That the amount available for

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation

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

$38,000,000: Provided further, That project-specific transaction

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided

to specific investors or potential investors pursuant to section 234

of the Foreign Assistance Act of 1961, shall not be considered

administrative expenses for the purposes of this heading.

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $24,000,000, as

authorized by section 234 of the Foreign Assistance Act of 1961

to be derived by transfer from the Overseas Private Investment

Corporation noncredit account: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974: Provided further,

That such sums shall be available for direct loan obligations and

loan guaranty commitments incurred or made during fiscal years

2001 and 2002: Provided further, That such sums shall remain

available through fiscal year 2010 for the disbursement of direct

and guaranteed loans obligated in fiscal years 2001 and 2002:

Provided further, That in addition, such sums as may be necessary

for administrative expenses to carry out the credit program may

be derived from amounts available for administrative expenses to

carry out the credit and insurance programs in the Overseas Private

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–5

Investment Corporation Noncredit Account and merged with said

account.

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section

661 of the Foreign Assistance Act of 1961, $50,000,000, to remain

available until September 30, 2002.

TITLE II—BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out

the provisions of the Foreign Assistance Act of 1961, and for other

purposes, to remain available until September 30, 2001, unless

otherwise specified herein, as follows:

AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND DISEASE PROGRAMS FUND

For necessary expenses to carry out the provisions of chapters

1 and 10 of part I of the Foreign Assistance Act of 1961, for

child survival, basic education, assistance to combat tropical and

other infectious diseases, and related activities, in addition to funds

otherwise available for such purposes, $963,000,000, to remain

available until expended: Provided, That this amount shall be made

available for such activities as: (1) immunization programs; (2)

oral rehydration programs; (3) health and nutrition programs, and

related education programs, which address the needs of mothers

and children; (4) water and sanitation programs; (5) assistance

for displaced and orphaned children; (6) programs for the prevention, treatment, and control of, and research on, tuberculosis, HIV/

AIDS, polio, malaria and other infectious diseases; and (7) basic

education programs for children: Provided further, That none of

the funds appropriated under this heading may be made available

for nonproject assistance, except that funds may be made available

for such assistance for basic education and ongoing health programs:

Provided further, That of the funds appropriated under this heading,

not to exceed $125,000, in addition to funds otherwise available

for such purposes, may be used to monitor and provide oversight

of child survival, maternal health, and infectious disease programs:

Provided further, That the following amounts should be allocated

as follows: $295,000,000 for child survival and maternal health;

$30,000,000 for vulnerable children; $300,000,000 for HIV/AIDS;

$125,000,000 for other infectious diseases; $103,000,000 for children’s basic education; and $110,000,000 for UNICEF: Provided

further, That of the funds appropriated under this heading, up

to $50,000,000 may be made available for a United States contribution to the Global Fund for Children’s Vaccines, up to $10,000,000

may be made available for the International AIDS Vaccine Initiative, and up to $20,000,000 may be made available for a United

States contribution to an international HIV/AIDS fund as authorized by subtitle B, title I of Public Law 106–264, or a comparable

international HIV/AIDS fund.

114 STAT. 1900A–6 PUBLIC LAW 106–429—APPENDIX A

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections

103 through 106, and chapter 10 of part I of the Foreign Assistance

Act of 1961, title V of the International Security and Development

Cooperation Act of 1980 (Public Law 96–533) and the provisions

of section 401 of the Foreign Assistance Act of 1969, $1,305,000,000,

to remain available until September 30, 2002: Provided, That of

the amount appropriated under this heading, up to $12,000,000

may be made available for and apportioned directly to the InterAmerican Foundation: Provided further, That of the amount appropriated under this heading, up to $16,000,000 may be made available for the African Development Foundation and shall be apportioned directly to that agency: Provided further, That none of the

funds made available in this Act nor any unobligated balances

from prior appropriations may be made available to any organization or program which, as determined by the President of the

United States, supports or participates in the management of a

program of coercive abortion or involuntary sterilization: Provided

further, That none of the funds made available under this heading

may be used to pay for the performance of abortion as a method

of family planning or to motivate or coerce any person to practice

abortions; and that in order to reduce reliance on abortion in

developing nations, funds shall be available only to voluntary family

planning projects which offer, either directly or through referral

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

methods and services, and that any such voluntary family planning

project shall meet the following requirements: (1) service providers

or referral agents in the project shall not implement or be subject

to quotas, or other numerical targets, of total number of births,

number of family planning acceptors, or acceptors of a particular

method of family planning (this provision shall not be construed

to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A)

an individual in exchange for becoming a family planning acceptor;

or (B) program personnel for achieving a numerical target or quota

of total number of births, number of family planning acceptors,

or acceptors of a particular method of family planning; (3) the

project shall not deny any right or benefit, including the right

of access to participate in any program of general welfare or the

right of access to health care, as a consequence of any individual’s

decision not to accept family planning services; (4) the project

shall provide family planning acceptors comprehensible information

on the health benefits and risks of the method chosen, including

those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to

the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures

are provided only in the context of a scientific study in which

participants are advised of potential risks and benefits; and, not

less than 60 days after the date on which the Administrator of

the United States Agency for International Development determines

that there has been a violation of the requirements contained in

paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice

of violations of the requirements contained in paragraph (4) of

this proviso, the Administrator shall submit to the Committee on

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–7

International Relations and the Committee on Appropriations of

the House of Representatives and to the Committee on Foreign

Relations and the Committee on Appropriations of the Senate,

a report containing a description of such violation and the corrective

action taken by the Agency: Provided further, That in awarding

grants for natural family planning under section 104 of the Foreign

Assistance Act of 1961 no applicant shall be discriminated against

because of such applicant’s religious or conscientious commitment

to offer only natural family planning; and, additionally, all such

applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act

authorizing or appropriating funds for foreign operations, export

financing, and related programs, the term ‘‘motivate’’, as it relates

to family planning assistance, shall not be construed to prohibit

the provision, consistent with local law, of information or counseling

about all pregnancy options: Provided further, That nothing in

this paragraph shall be construed to alter any existing statutory

prohibitions against abortion under section 104 of the Foreign

Assistance Act of 1961: Provided further, That none of the funds

appropriated under this heading may be made available for any

activity which is in contravention to the Convention on International Trade in Endangered Species of Flora and Fauna (CITES):

Provided further, That of the funds appropriated under this heading

that are made available for assistance programs for displaced and

orphaned children and victims of war, not to exceed $25,000, in

addition to funds otherwise available for such purposes, may be

used to monitor and provide oversight of such programs: Provided

further, That of the aggregate amount of the funds appropriated

by this Act to carry out part I of the Foreign Assistance Act

of 1961 and the Support for East European Democracy (SEED)

Act of 1989, not less than $310,000,000 should be made available

for agriculture and rural development programs of which

$30,000,000 should be made available for plant biotechnology

research and development: Provided further, That not less than

$2,300,000 should be made available for core support for the International Fertilizer Development Center: Provided further, That of

the funds appropriated under this heading, not less than $5,200,000

shall be made available to AmeriCares for the construction,

rehabilitation, and operation of community-based primary

healthcare facilities in Nicaragua, Honduras, Guatemala, and El

Salvador: Provided further, That of the funds appropriated under this heading, not less than $500,000 should be made available

for support of the United States Telecommunications Training

Institute: Provided further, That of the funds appropriated under this heading, not less than $17,000,000 should be made available

for the American Schools and Hospitals Abroad program: Provided

further, That of the funds appropriated under this heading, not less than $2,000,000 should be available to support an international

media training center.

CYPRUS

Of the funds appropriated under the headings ‘‘Development

Assistance’’ and ‘‘Economic Support Fund’’, not less than

$15,000,000 shall be made available for Cyprus to be used only

for scholarships, administrative support of the scholarship program,

bicommunal projects, and measures aimed at reunification of the

114 STAT. 1900A–8 PUBLIC LAW 106–429—APPENDIX A

island and designed to reduce tensions and promote peace and

cooperation between the two communities on Cyprus.

LEBANON

Of the funds appropriated under the headings ‘‘Development

Assistance’’ and ‘‘Economic Support Fund’’, not less than

$35,000,000 shall be made available for Lebanon to be used, among

other programs, for scholarships and direct support of the American

educational institutions in Lebanon.

BURMA

Of the funds appropriated under the headings ‘‘Economic Support Fund’’ and ‘‘Development Assistance’’, not less than $6,500,000

shall be made available to support democracy activities in Burma,

democracy and humanitarian activities along the Burma-Thailand

border, and for Burmese student groups and other organizations

located outside Burma: Provided, That funds made available for

Burma-related activities under this heading may be made available

notwithstanding any other provision of law: Provided further, That

the provision of such funds shall be made available subject to

the regular notification procedures of the Committees on Appropriations.

CONSERVATION FUND

Of the funds made available under the headings ‘‘Development

Assistance’’ and ‘‘Economic Support Fund’’, not less than $4,000,000

should be made available to support the preservation of habitats

and related activities for endangered wildlife.

PRIVATE AND VOLUNTARY ORGANIZATIONS

None of the funds appropriated or otherwise made available

by this Act for development assistance may be made available

to any United States private and voluntary organization, except

any cooperative development organization, which obtains less than

20 percent of its total annual funding for international activities

from sources other than the United States Government: Provided,

That the Administrator of the Agency for International Development, after informing the Committees on Appropriations, may, on

a case-by-case basis, waive the restriction contained in this paragraph, after taking into account the effectiveness of the overseas

development activities of the organization, its level of volunteer

support, its financial viability and stability, and the degree of

its dependence for its financial support on the agency.

Funds appropriated or otherwise made available under title

II of this Act should be made available to private and voluntary

organizations at a level which is at least equivalent to the level

provided in fiscal year 1995.

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses for international disaster relief,

rehabilitation, and reconstruction assistance pursuant to section

491 of the Foreign Assistance Act of 1961, as amended,

$165,000,000, to remain available until expended.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–9

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation

and reconstruction assistance pursuant to section 491 of the Foreign

Assistance Act of 1961, $50,000,000, to remain available until

expended, to support transition to democracy and to long-term

development of countries in crisis: Provided, That such support

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure,

and foster the peaceful resolution of conflict: Provided further, That

the United States Agency for International Development shall submit a report to the Committees on Appropriations at least 5 days

prior to beginning a new program of assistance.

MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT

For the cost of direct loans and loan guarantees, $1,500,000,

as authorized by section 108 of the Foreign Assistance Act of 1961:

Provided, That such costs shall be as defined in section 502 of

the Congressional Budget Act of 1974: Provided further, That

guarantees of loans made under this heading in support of microenterprise activities may guarantee up to 70 percent of the principal

amount of any such loans notwithstanding section 108 of the Foreign Assistance Act of 1961. In addition, for administrative expenses

to carry out programs under this heading, $500,000, all of which

may be transferred to and merged with the appropriation for

Operating Expenses of the Agency for International Development:

Provided further, That funds made available under this heading

shall remain available until September 30, 2002.

DEVELOPMENT CREDIT PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees, $1,500,000,

as authorized by section 635 of the Foreign Assistance Act of 1961:

Provided, That such funds shall be made available only for urban

and environmental programs: Provided further, That for the cost

of direct loans and loan guarantees, up to $5,000,000 of funds

appropriated by this Act under the heading ‘‘Development Assistance’’, may be transferred to and merged with funds appropriated

under this heading to be made available for the purposes of part

I of the Foreign Assistance Act of 1961: Provided further, That

such costs shall be as defined in section 502 of the Congressional

Budget Act of 1974: Provided further, That the provisions of section

107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961,

as contained in section 306 of H.R. 1486 as reported by the House

Committee on International Relations on May 9, 1997, shall be

applicable to direct loans and loan guarantees provided under this

heading. In addition, for administrative expenses to carry out credit

programs administered by the Agency for International Development, $4,000,000, all of which may be transferred to and merged

with the appropriation for Operating Expenses of the Agency for

International Development: Provided further, That funds appropriated under this heading shall remain available until September

30, 2002.

114 STAT. 1900A–10 PUBLIC LAW 106–429—APPENDIX A

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability

Fund’’, as authorized by the Foreign Service Act of 1980, $44,489,000.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL

DEVELOPMENT

For necessary expenses to carry out the provisions of section 667, $520,000,000: Provided, That none of the funds appropriated

under this heading may be made available to finance the construction (including architect and engineering services), purchase, or

long term lease of offices for use by the Agency for International

Development, unless the Administrator has identified such proposed

construction (including architect and engineering services), purchase, or long term lease of offices in a report submitted to the

Committees on Appropriations at least 15 days prior to the obligation of these funds for such purposes: Provided further, That the

previous proviso shall not apply where the total cost of construction

(including architect and engineering services), purchase, or long

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

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL

DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 667, $27,000,000, to remain available until September 30, 2002,

which sum shall be available for the Office of the Inspector General

of the Agency for International Development.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter 4 of part II, $2,295,000,000, to remain available until September

30, 2002: Provided, That of the funds appropriated under this heading, not less than $840,000,000 shall be available only for

Israel, which sum shall be available on a grant basis as a cash

transfer and shall be disbursed within 30 days of the enactment

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

further, That not less than $695,000,000 shall be available only

for Egypt, which sum shall be provided on a grant basis, and

of which sum cash transfer assistance shall be provided with the

understanding that Egypt will undertake significant economic

reforms which are additional to those which were undertaken in

previous fiscal years, and of which not less than $200,000,000

shall be provided as Commodity Import Program assistance: Provided further, That in exercising the authority to provide cash

transfer assistance for Israel, the President shall ensure that the

level of such assistance does not cause an adverse impact on the

total level of nonmilitary exports from the United States to such

country and that Israel enters into a side letter agreement in

an amount proportional to the fiscal year 1999 agreement: Provided

further, That of the funds appropriated under this heading, not less than $150,000,000 should be made available for assistance

for Jordan: Provided further, That of the funds appropriated under

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–11

this heading, not less than $25,000,000 shall be made available

for assistance for East Timor of which up to $1,000,000 may be

transferred to and merged with the appropriation for Operating

Expenses of the Agency for International Development: Provided

further, That of the funds appropriated under this heading, in

addition to funds otherwise made available for Indonesia, not less

than $5,000,000 should be made available for economic rehabilitation and related activities in Aceh, Indonesia: Provided further,

That funds made available in the previous proviso may be transferred to and merged with the appropriation for Transition Initiatives: Provided further, That none of the funds appropriated under

this heading shall be obligated for regional or global programs,

except as provided through the regular notification procedures of

the Committees on Appropriations: Provided further, That of the

funds made available under this heading not less than $12,000,000

should be made available for Mongolia: Provided further, That

up to $10,000,000 of the funds appropriated under this heading

may be used, notwithstanding any other provision of law, to provide

assistance to the National Democratic Alliance of Sudan to

strengthen its ability to protect civilians from attacks, slave raids,

and aerial bombardment by the Sudanese Government forces and

its militia allies, and the provision of such funds shall be subject

to the regular notification procedures of the Committees on Appropriations: Provided further, That in the previous proviso, the term

‘‘assistance’’ includes non-lethal, non-food aid such as blankets,

medicine, fuel, mobile clinics, water drilling equipment, communications equipment to notify civilians of aerial bombardment, nonmilitary vehicles, tents, and shoes.

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $25,000,000,

which shall be available for the United States contribution to the

International Fund for Ireland and shall be made available in

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount

shall be expended at the minimum rate necessary to make timely

payment for projects and activities: Provided further, That funds

made available under this heading shall remain available until

September 30, 2002.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

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

Foreign Assistance Act of 1961 and the Support for East European

Democracy (SEED) Act of 1989, $600,000,000, to remain available

until September 30, 2002, which shall be available, notwithstanding

any other provision of law, for assistance and for related programs

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

funds appropriated under this heading not less than $5,000,000

shall be made available for assistance for the Baltic States: Provided

further, That funds made available for assistance for Kosova from

funds appropriated under this heading and under the headings

‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and

Law Enforcement’’ shall not exceed 15 percent of the total resources

pledged by all donors for calendar year 2001 for assistance for

Kosova as of March 31, 2001: Provided further, That of the funds

114 STAT. 1900A–12 PUBLIC LAW 106–429—APPENDIX A

made available under this heading for Kosova, not less than

$1,300,000 should be made available to support the National Albanian American Council’s training program for Kosovar women: Provided further, That none of the funds made available under this

Act for assistance for Kosova shall be made available for large

scale physical infrastructure reconstruction: Provided further, That

of the funds made available under this heading and the headings

‘‘International Narcotics Control and Law Enforcement’’ and ‘‘Economic Support Fund’’, not to exceed $80,000,000 shall be made

available for Bosnia and Herzegovina.

(b) Funds appropriated under this heading or in prior appropriations Acts that are or have been made available for an Enterprise Fund may be deposited by such Fund in interest-bearing

accounts prior to the Fund’s disbursement of such funds for program

purposes. The Fund may retain for such program purposes any

interest earned on such deposits without returning such interest

to the Treasury of the United States and without further appropriation by the Congress. Funds made available for Enterprise Funds

shall be expended at the minimum rate necessary to make timely

payment for projects and activities.

(c) Funds appropriated under this heading shall be considered

to be economic assistance under the Foreign Assistance Act of

1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.

(d) None of the funds appropriated under this heading may

be made available for new housing construction or repair or

reconstruction of existing housing in Bosnia and Herzegovina unless

directly related to the efforts of United States troops to promote

peace in said country.

(e) With regard to funds appropriated under this heading for

the economic revitalization program in Bosnia and Herzegovina,

and local currencies generated by such funds (including the conversion of funds appropriated under this heading into currency used

by Bosnia and Herzegovina as local currency and local currency

returned or repaid under such program) the Administrator of the

Agency for International Development shall provide written

approval for grants and loans prior to the obligation and expenditure of funds for such purposes, and prior to the use of funds

that have been returned or repaid to any lending facility or grantee.

(f ) The provisions of section 532 of this Act shall apply to

funds made available under subsection (e) and to funds appropriated

under this heading: Provided, That notwithstanding any provision

of this or any other Act, including provisions in this subsection

regarding the application of section 532 of this Act, local currencies

generated by, or converted from, funds appropriated by this Act

and by previous appropriations Acts and made available for the

economic revitalization program in Bosnia may be used in Eastern

Europe and the Baltic States to carry out the provisions of the

Foreign Assistance Act of 1961 and the Support for East European

Democracy (SEED) Act of 1989.

(g) The President is authorized to withhold funds appropriated

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies

to the Committees on Appropriations that the Federation of Bosnia

and Herzegovina has not complied with article III of annex 1–

A of the General Framework Agreement for Peace in Bosnia and

Herzegovina concerning the withdrawal of foreign forces, and that

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–13

intelligence cooperation on training, investigations, and related

activities between Iranian officials and Bosnian officials has not

been terminated.

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961

and the FREEDOM Support Act, for assistance for the Independent

States of the former Soviet Union and for related programs,

$810,000,000, to remain available until September 30, 2002: Provided, That the provisions of such chapters shall apply to funds

appropriated by this paragraph: Provided further, That of the funds

made available for the Southern Caucasus region, notwithstanding

any other provision of law, 15 percent may be used for confidencebuilding measures and other activities in furtherance of the peaceful

resolution of the regional conflicts, especially those in the vicinity

of Abkhazia and Nagorno-Karabagh: Provided further, That of the

amounts appropriated under this heading not less than $20,000,000

shall be made available solely for the Russian Far East: Provided

further, That of the funds appropriated under this heading, not less than $1,500,000 should be available only to meet the health

and other assistance needs of victims of trafficking in persons.

(b) Of the funds appropriated under this heading, not less than $170,000,000 should be made available for assistance for

Ukraine: Provided, That of this amount, not less than $25,000,000

should be made available for nuclear reactor safety initiatives,

and not less than $5,000,000 should be made available for the

Ukranian Land and Resource Management Center.

(c) Of the funds appropriated under this heading, not less than $92,000,000 shall be made available for assistance for Georgia

of which not less than $25,000,000 should be made available to

support Border Security Guard and export control initiatives.

(d) Of the funds appropriated under this heading, not less than $90,000,000 shall be made available for assistance for Armenia.

(e) Section 907 of the FREEDOM Support Act shall not apply

to— (1) activities to support democracy or assistance under

title V of the FREEDOM Support Act and section 1424 of

Public Law 104–201;

(2) any assistance provided by the Trade and Development

Agency under section 661 of the Foreign Assistance Act of

1961 (22 U.S.C. 2421);

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

States and Foreign Commercial Service while acting within

his or her official capacity;

(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation

under title IV of chapter 2 of part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2191 et seq.);

(5) any financing provided under the Export-Import Bank

Act of 1945; or

(6) humanitarian assistance.

(f ) Not more than 25 percent of the funds appropriated under

this heading may be made available for assistance for any country

in the region. Activities authorized under title V (nonproliferation

114 STAT. 1900A–14 PUBLIC LAW 106–429—APPENDIX A

and disarmament programs and activities) of the FREEDOM Support Act shall not be counted against the 25 percent limitation.

(g) Of the funds made available under this heading for nuclear

safety activities, not to exceed 8 percent of the funds provided

for any single project may be used to pay for management costs

incurred by a United States agency or national lab in administering

said project.

(h)(1) Of the funds appropriated under this heading that are

allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President

determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation—

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or

equipment necessary to develop a nuclear reactor, related

nuclear research facilities or programs, or ballistic missile

capability;

(B) is cooperating with international efforts to investigate

allegations of war crimes and atrocities in Chechnya;

(C) is providing full access to international non-government

organizations providing humanitarian relief to refugees and

internally displaced persons in Chechnya; and

(D) is in compliance with article V of the Treaty on Conventional Armed Forces in Europe regarding forces deployed in

the flank zone in and around Chechyna.

(2) Paragraph (1) shall not apply to—

(A) assistance to combat infectious diseases; and

(B) activities authorized under title V (Nonproliferation

and Disarmament Programs and Activities) of the FREEDOM

Support Act.

(i) Of the funds appropriated under this heading for assistance

for Russia, and the heading ‘‘Migration and Refugee Assistance’’,

not less than $10,000,000 shall be made available to non-government organizations providing humanitarian relief in Chechyna and

Ingushetia.

( j) Of the funds appropriated under this heading, not less

than $45,000,000 shall be made available, in addition to funds

otherwise available for such purposes, for assistance for child survival, environmental health, and to combat infectious diseases, and

for related activities.

INDEPENDENT AGENCY

PEACE CORPS

For necessary expenses to carry out the provisions of the Peace

Corps Act (75 Stat. 612), $265,000,000, including the purchase

of not to exceed five passenger motor vehicles for administrative

purposes for use outside of the United States: Provided, That none

of the funds appropriated under this heading shall be used to

pay for abortions: Provided further, That funds appropriated under

this heading shall remain available until September 30, 2002.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–15

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign

Assistance Act of 1961, $325,000,000, to remain available until

expended: Provided, That any funds made available under this

heading for anti-crime programs and activities shall be made available subject to the regular notification procedures of the Committees

on Appropriations: Provided further, That during fiscal year 2001,

the Department of State may also use the authority of section

608 of the Foreign Assistance Act of 1961, without regard to its

restrictions, to receive excess property from an agency of the United

States Government for the purpose of providing it to a foreign

country under chapter 8 of part I of that Act subject to the regular

notification procedures of the Committees on Appropriations.

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable

the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance

to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner

for Refugees, and other activities to meet refugee and migration

needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized

by sections 5921 through 5925 of title 5, United States Code;

purchase and hire of passenger motor vehicles; and services as

authorized by section 3109 of title 5, United States Code,

$700,000,000, which shall remain available until expended: Provided, That not more than $14,500,000 shall be available for

administrative expenses: Provided further, That funds appropriated

under this heading to support activities and programs conducted

by the United Nations High Commissioner for Refugees shall be

made available after reporting at least 5 days in advance to the

Committees on Appropriations: Provided further, That the reporting

requirement contained in the previous proviso may be waived for

any such obligation if failure to waive this requirement would

pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, a report to the Committees

on Appropriations shall be provided as early as practicable, but

in no event later than 5 days after such obligation: Provided further,

That not less than $60,000,000 of the funds made available under

this heading shall be made available for refugees from the former

Soviet Union and Eastern Europe and other refugees resettling

in Israel.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section

2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $15,000,000, to remain available until

expended: Provided, That the funds made available under this

heading are appropriated notwithstanding the provisions contained

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

funds which could be appropriated for this purpose.

114 STAT. 1900A–16 PUBLIC LAW 106–429—APPENDIX A

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism and

related programs and activities, $311,600,000, to carry out the

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

of 1961 for anti-terrorism assistance, section 504 of the FREEDOM

Support Act, section 23 of the Arms Export Control Act or the

Foreign Assistance Act of 1961 for demining activities, the clearance

of unexploded ordnance, the destruction of small arms, and related

activities, notwithstanding any other provision of law, including

activities implemented through nongovernmental and international

organizations, section 301 of the Foreign Assistance Act of 1961

for a voluntary contribution to the International Atomic Energy

Agency (IAEA) and a voluntary contribution to the Korean Peninsula Energy Development Organization (KEDO), and for a United

States contribution to the Comprehensive Nuclear Test Ban Treaty

Preparatory Commission: Provided, That the Secretary of State

shall inform the Committees on Appropriations at least 20 days

prior to the obligation of funds for the Comprehensive Nuclear

Test Ban Treaty Preparatory Commission: Provided further, That

of this amount not to exceed $15,000,000, to remain available until

expended, may be made available for the Nonproliferation and

Disarmament Fund, notwithstanding any other provision of law,

to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds

may also be used for such countries other than the Independent

States of the former Soviet Union and international organizations

when it is in the national security interest of the United States

to do so: Provided further, That such funds shall be subject to

the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading

may be made available for the International Atomic Energy Agency

only if the Secretary of State determines (and so reports to the

Congress) that Israel is not being denied its right to participate

in the activities of that Agency: Provided further, That of the

funds appropriated under this heading, $40,000,000 should be made

available for demining, clearance of unexploded ordnance, and

related activities: Provided further, That of the funds made available

for demining and related activities, not to exceed $500,000, in

addition to funds otherwise available for such purposes, may be

used for administrative expenses related to the operation and

management of the demining program.

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section

129 of the Foreign Assistance Act of 1961 (relating to international

affairs technical assistance activities), $6,000,000, to remain available until expended, which shall be available nowithstanding any

other provision of law.

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, of modifying loans and loan guarantees, as

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–17

the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling,

reducing, or canceling amounts owed to the United States as a

result of concessional loans made to eligible countries, pursuant

to parts IV and V of the Foreign Assistance Act of 1961, and

of modifying concessional credit agreements with least developed

countries, as authorized under section 411 of the Agricultural Trade

Development and Assistance Act of 1954, as amended, and

concessional loans, guarantees and credit agreements, as authorized

under section 572 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1989 (Public Law 100–

461), and of canceling amounts owed, as a result of loans or guarantees made pursuant to the Export-Import Bank Act of 1945, by

countries that are eligible for debt reduction pursuant to title V

of H.R. 3425 as enacted into law by section 1000(a)(5) of Public

Law 106–113, $238,000,000, to remain available until expended:

Provided, That of this amount, not less than $13,000,000 shall

be made available to carry out the provisions of part V of the

Foreign Assistance Act of 1961: Provided further, That funds appropriated or otherwise made available under this heading in this

Act may be used by the Secretary of the Treasury to pay to the

Heavily Indebted Poor Countries (HIPC) Trust Fund administered

by the International Bank for Reconstruction and Development

amounts for the benefit of countries that are eligible for debt reduction pursuant to title V of H.R. 3425 as enacted into law by

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

amounts paid to the HIPC Trust Fund may be used only to fund

debt reduction under the enhanced HIPC initiative by—

(1) the Inter-American Development Bank;

(2) the African Development Fund;

(3) the African Development Bank; and

(4) the Central American Bank for Economic Integration:

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

Fund for the benefit of any country if the Secretary of State has

credible evidence that the government of such country is engaged

in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines

its ability to develop and implement measures to alleviate poverty

and to devote adequate human and financial resources to that

end: Provided further, That on the basis of final appropriations,

the Secretary of the Treasury shall consult with the Committees

on Appropriations concerning which countries and international

financial institutions are expected to benefit from a United States

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform

the Committees on Appropriations not less than 15 days in advance

of the signature of an agreement by the United States to make

payments to the HIPC Trust Fund of amounts for such countries

and institutions: Provided further, That the Secretary of the Treasury may disburse funds designated for debt reduction through the

HIPC Trust Fund only for the benefit of countries that—

(a) have committed, for a period of 24 months, not to

accept new market-rate loans from the international financial

institution receiving debt repayment as a result of such

disbursement, other than loans made by such institution to

export-oriented commercial projects that generate foreign

114 STAT. 1900A–18 PUBLIC LAW 106–429—APPENDIX A

exchange which are generally referred to as ‘‘enclave’’ loans;

and

(b) have documented and demonstrated their commitment

to redirect their budgetary resources from international debt

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those

previously available for such purposes:

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

411 of the Agricultural Trade Development and Assistance Act

of 1954 shall not apply to funds appropriated under this heading:

Provided further, That none of the funds made available under

this heading in this or any other appropriations Acts shall be

made available for Sudan or Burma unless the Secretary of the

Treasury determines and notifies the Committees on Appropriations

that a democratically elected government has taken office: Provided

further, That the authority provided by section 572 of Public Law

100–461 may be exercised only with respect to countries that are

eligible to borrow from the International Development Association,

but not from the International Bank for Reconstruction and

Development, commonly referred to as ‘‘IDA-only’’ countries.

TITLE III—MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section

541 of the Foreign Assistance Act of 1961, $55,000,000, of which

up to $1,000,000 may remain available until expended: Provided,

That the civilian personnel for whom military education and training may be provided under this heading may include civilians

who are not members of a government whose participation would

contribute to improved civil-military relations, civilian control of

the military, or respect for human rights: Provided further, That

funds appropriated under this heading for grant financed military

education and training for Indonesia and Guatemala may only

be available for expanded international military education and

training and funds made available for Indonesia and Guatemala

may only be provided through the regular notification procedures

of the Committees on Appropriations.

FOREIGN MILITARY FINANCING PROGRAM

For expenses necessary for grants to enable the President to

carry out the provisions of section 23 of the Arms Export Control

Act, $3,545,000,000: Provided, That of the funds appropriated under

this heading, not less than $1,980,000,000 shall be available for

grants only for Israel, and not less than $1,300,000,000 shall be

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

the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act or by October

31, 2000, whichever is later: Provided further, That to the extent

that the Government of Israel requests that funds be used for

such purposes, grants made available for Israel by this paragraph

shall, as agreed by Israel and the United States, be available

for advanced weapons systems, of which not less than $520,000,000

shall be available for the procurement in Israel of defense articles

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–19

and defense services, including research and development: Provided

further, That of the funds appropriated by this paragraph, not less than $75,000,000 should be available for assistance for Jordan:

Provided further, That of the funds appropriated by this paragraph,

not less than $3,000,000 shall be made available for assistance

for Malta: Provided further, That of the funds appropriated by

this paragraph, not less than $8,500,000 shall be made available

for assistance for Tunisia: Provided further, That during fiscal year

2001, the President is authorized to, and shall, direct the drawdowns of defense articles from the stocks of the Department of

Defense, defense services of the Department of Defense, and military education and training of an aggregate value of not less than

$5,000,000 under the authority of this proviso for Tunisia for the

purposes of part II of the Foreign Assistance Act of 1961 and

any amount so directed shall count toward meeting the earmark

in the preceding proviso: Provided further, That of the funds appropriated by this paragraph, not less than $8,000,000 shall be made

available for Georgia: Provided further, That during fiscal year

2001, the President is authorized to, and shall, direct the drawdowns of defense articles from the stocks of the Department of

Defense, defense services of the Department of Defense, and military education and training of an aggregate value of not less than

$4,000,000 under the authority of this proviso for Georgia for the

purposes of part II of the Foreign Assistance Act of 1961 and

any amount so directed shall count toward meeting the earmark

in the preceding proviso: Provided further, That funds appropriated

by this paragraph shall be nonrepayable notwithstanding any

requirement in section 23 of the Arms Export Control Act: Provided

further, That funds made available under this paragraph shall

be obligated upon apportionment in accordance with paragraph

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

None of the funds made available under this heading shall

be available to finance the procurement of defense articles, defense

services, or design and construction services that are not sold by

the United States Government under the Arms Export Control

Act unless the foreign country proposing to make such procurements

has first signed an agreement with the United States Government

specifying the conditions under which such procurements may be

financed with such funds: Provided, That all country and funding

level increases in allocations shall be submitted through the regular

notification procedures of section 515 of this Act: Provided further,

That none of the funds appropriated under this heading shall be

available for assistance for Sudan and Liberia: Provided further,

That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance

of unexploded ordnance, and related activities, and may include

activities implemented through nongovernmental and international

organizations: Provided further, That none of the funds appropriated

under this heading shall be available for assistance for Guatemala:

Provided further, That only those countries for which assistance

was justified for the ‘‘Foreign Military Sales Financing Program’’

in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading

for procurement of defense articles, defense services or design and

construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That

funds appropriated under this heading shall be expended at the

114 STAT. 1900A–20 PUBLIC LAW 106–429—APPENDIX A

minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $33,000,000

of the funds appropriated under this heading may be obligated

for necessary expenses, including the purchase of passenger motor

vehicles for replacement only for use outside of the United States,

for the general costs of administering military assistance and sales:

Provided further, That not more than $340,000,000 of funds realized

pursuant to section 21(e)(1)(A) of the Arms Export Control Act

may be obligated for expenses incurred by the Department of

Defense during fiscal year 2001 pursuant to section 43(b) of the

Arms Export Control Act, except that this limitation may be

exceeded only through the regular notification procedures of the

Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt

during fiscal year 2001 shall be transferred to an interest bearing

account for Egypt in the Federal Reserve Bank of New York within

30 days of enactment of this Act or by October 31, 2000, whichever

is later: Provided further, That the Committees on Appropriations

shall be informed at least 10 days prior to the obligation of any

interest accrued by the account established by the previous proviso.

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section

551 of the Foreign Assistance Act of 1961, $127,000,000: Provided,

That none of the funds appropriated under this heading shall be

obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment

Facility, $108,000,000, to the International Bank for Reconstruction

and Development as trustee for the Global Environment Facility,

by the Secretary of the Treasury, to remain available until

expended.

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by

the Secretary of the Treasury, $775,000,000, to remain available

until expended: Provided, That the Secretary of the Treasury shall:

(1) accord high priority to encouraging the International Development Association to establish and implement a policy to provide

new assistance on grant terms to enhanced HIPC Initiative countries that have reached the completion point; and (2) submit a

report to the Speaker of the House of Representatives, the President

of the Senate, and the Committees on Appropriations no later

than June 30, 2001, on the progress reached in achieving the

objective set forth in clause (1): Provided further, That in negotiating

United States participation in the next replenishment of the International Development Association, the Secretary of the Treasury

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–21

shall accord high priority to providing the International Development Association with the policy flexibility to provide new grant

assistance to countries eligible for debt reduction under the

enhanced HIPC Initiative.

CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE

AGENCY

For payment to the Multilateral Investment Guarantee Agency

by the Secretary of the Treasury, $10,000,000, for the United States

paid-in share of the increase in capital stock, to remain available

until expended.

LIMITATION ON CALLABLE CAPITAL

The United States Governor of the Multilateral Investment

Guarantee Agency may subscribe without fiscal year limitation

for the callable capital portion of the United States share of such

capital stock in an amount not to exceed $50,000,000.

CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION

For payment to the Inter-American Investment Corporation,

by the Secretary of the Treasury, $25,000,000, for the United States

share of the increase in subscriptions to capital stock, to remain

available until expended.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral

Investment Fund by the Secretary of the Treasury, for the United

States contribution to the fund, $10,000,000, to remain available

until expended.

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the

Treasury to the increase in resources of the Asian Development

Fund, as authorized by the Asian Development Bank Act, as amended, $72,000,000, to remain available until expended.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary

of the Treasury, $6,100,000, for the United States paid-in share

of the increase in capital stock, to remain available until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank

may subscribe without fiscal year limitation for the callable capital

portion of the United States share of such capital stock in an

amount not to exceed $97,548,522.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the

Treasury to the increase in resources of the African Development

Fund, $100,000,000, to remain available until expended.

114 STAT. 1900A–22 PUBLIC LAW 106–429—APPENDIX A

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

For payment to the European Bank for Reconstruction and

Development by the Secretary of the Treasury, $35,778,717, for

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

in capital stock, to remain available until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for

Reconstruction and Development may subscribe without fiscal year

limitation to the callable capital portion of the United States share

of such capital stock in an amount not to exceed $123,237,803.

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the

Treasury to increase the resources of the International Fund for

Agricultural Development, $5,000,000, to remain available until

expended.

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section

301 of the Foreign Assistance Act of 1961, and of section 2 of

the United Nations Environment Program Participation Act of 1973,

$186,000,000: Provided, That none of the funds appropriated under

this heading shall be made available for the United Nations Fund

for Science and Technology: Provided further, That not less than

$5,000,000 should be made available to the World Food Program:

Provided further, That none of the funds appropriated under this

heading may be made available to the Korean Peninsula Energy

Development Organization (KEDO) or the International Atomic

Energy Agency (IAEA).

TITLE V—GENERAL PROVISIONS

OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

SEC. 501. Except for the appropriations entitled ‘‘International

Disaster Assistance’’, and ‘‘United States Emergency Refugee and

Migration Assistance Fund’’, not more than 15 percent of any appropriation item made available by this Act shall be obligated during

the last month of availability.

PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL

INSTITUTIONS

SEC. 502. Notwithstanding section 614 of the Foreign Assistance

Act of 1961, none of the funds contained in title II of this Act

may be used to carry out the provisions of section 209(d) of the

Foreign Assistance Act of 1961: Provided, That none of the funds

appropriated by title II of this Act may be transferred by the

Agency for International Development directly to an international

financial institution (as defined in section 533 of this Act) for

the purpose of repaying a foreign country’s loan obligations to

such institution.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–23

LIMITATION ON RESIDENCE EXPENSES

SEC. 503. Of the funds appropriated or made available pursuant to this Act, not to exceed $126,500 shall be for official residence

expenses of the Agency for International Development during the

current fiscal year: Provided, That appropriate steps shall be taken

to assure that, to the maximum extent possible, United Statesowned foreign currencies are utilized in lieu of dollars.

LIMITATION ON EXPENSES

SEC. 504. Of the funds appropriated or made available pursuant to this Act, not to exceed $5,000 shall be for entertainment expenses

of the Agency for International Development during the current

fiscal year.

LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 505. Of the funds appropriated or made available pursuant

to this Act, not to exceed $95,000 shall be available for representation allowances for the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall

be taken to assure that, to the maximum extent possible, United

States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for

general costs of administering military assistance and sales under

the heading ‘‘Foreign Military Financing Program’’, not to exceed

$2,000 shall be available for entertainment expenses and not to

exceed $50,000 shall be available for representation allowances:

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

under the heading ‘‘International Military Education and Training’’,

not to exceed $50,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this

Act for the Inter-American Foundation, not to exceed $2,000 shall

be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for

the Peace Corps, not to exceed a total of $4,000 shall be available

for entertainment expenses: Provided further, That of the funds

made available by this Act under the heading ‘‘Trade and Development Agency’’, not to exceed $2,000 shall be available for representation and entertainment allowances.

PROHIBITION ON FINANCING NUCLEAR GOODS

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

(other than funds for ‘‘Nonproliferation, Anti-terrorism, Demining

and Related Programs’’) pursuant to this Act, for carrying out

the Foreign Assistance Act of 1961, may be used, except for purposes

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

or technology.

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance or reparations to Cuba, Iraq, Libya,

North Korea, Iran, Sudan, or Syria: Provided, That for purposes

of this section, the prohibition on obligations or expenditures shall

114 STAT. 1900A–24 PUBLIC LAW 106–429—APPENDIX A

include direct loans, credits, insurance and guarantees of the

Export-Import Bank or its agents.

MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance to any country whose duly elected

head of government is deposed by decree or military coup: Provided,

That assistance may be resumed to such country if the President

determines and reports to the Committees on Appropriations that

subsequent to the termination of assistance a democratically elected

government has taken office.

TRANSFERS BETWEEN ACCOUNTS

SEC. 509. None of the funds made available by this Act may

be obligated under an appropriation account to which they were

not appropriated, except for transfers specifically provided for in

this Act, unless the President, prior to the exercise of any authority

contained in the Foreign Assistance Act of 1961 to transfer funds,

consults with and provides a written policy justification to the

Committees on Appropriations of the House of Representatives and

the Senate.

DEOBLIGATION/REOBLIGATION AUTHORITY

SEC. 510. Obligated balances of funds appropriated to carry

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

of the fiscal year immediately preceding the current fiscal year

are, if deobligated, hereby continued available during the current

fiscal year for the same purpose under any authority applicable

to such appropriations under this Act: Provided, That the authority

of this subsection may not be used in fiscal year 2001.

AVAILABILITY OF FUNDS

SEC. 511. No part of any appropriation contained in this Act

shall remain available for obligation after the expiration of the

current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1,

8, 11, and 12 of part I, section 667, and chapter 4 of part II

of the Foreign Assistance Act of 1961, as amended, and funds

provided under the heading ‘‘Assistance for Eastern Europe and

the Baltic States’’, shall remain available until expended if such

funds are initially obligated before the expiration of their respective

periods of availability contained in this Act: Provided further, That,

notwithstanding any other provision of this Act, any funds made

available for the purposes of chapter 1 of part I and chapter 4

of part II of the Foreign Assistance Act of 1961 which are allocated

or obligated for cash disbursements in order to address balance

of payments or economic policy reform objectives, shall remain

available until expended: Provided further, That the report required

by section 653(a) of the Foreign Assistance Act of 1961 shall designate for each country, to the extent known at the time of submission of such report, those funds allocated for cash disbursement

for balance of payment and economic policy reform purposes.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–25

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 512. No part of any appropriation contained in this Act

shall be used to furnish assistance to any country which is in

default during a period in excess of 1 calendar year in payment

to the United States of principal or interest on any loan made

to the government of such country by the United States pursuant

to a program for which funds are appropriated under this Act:

Provided, That this section and section 620(q) of the Foreign Assistance Act of 1961 shall not apply to funds made available for any

narcotics-related assistance for Colombia, Bolivia, and Peru authorized by the Foreign Assistance Act of 1961 or the Arms Export

Control Act.

COMMERCE AND TRADE

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

pursuant to this Act for direct assistance and none of the funds

otherwise made available pursuant to this Act to the Export-Import

Bank and the Overseas Private Investment Corporation shall be

obligated or expended to finance any loan, any assistance or any

other financial commitments for establishing or expanding production of any commodity for export by any country other than the

United States, if the commodity is likely to be in surplus on world

markets at the time the resulting productive capacity is expected

to become operative and if the assistance will cause substantial

injury to United States producers of the same, similar, or competing

commodity: Provided, That such prohibition shall not apply to the

Export-Import Bank if in the judgment of its Board of Directors

the benefits to industry and employment in the United States

are likely to outweigh the injury to United States producers of

the same, similar, or competing commodity, and the Chairman

of the Board so notifies the Committees on Appropriations.

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

to carry out chapter 1 of part I of the Foreign Assistance Act

of 1961 shall be available for any testing or breeding feasibility

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or

production in a foreign country of an agricultural commodity for

export which would compete with a similar commodity grown or

produced in the United States: Provided, That this subsection shall

not prohibit— (1) activities designed to increase food security in developing countries where such activities will not have a significant

impact in the export of agricultural commodities of the United

States; or

(2) research activities intended primarily to benefit American producers.

SURPLUS COMMODITIES

SEC. 514. The Secretary of the Treasury shall instruct the

United States Executive Directors of the International Bank for

Reconstruction and Development, the International Development

Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the

Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank

114 STAT. 1900A–26 PUBLIC LAW 106–429—APPENDIX A

for Reconstruction and Development, the African Development

Bank, and the African Development Fund to use the voice and

vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this

Act, for the production or extraction of any commodity or mineral

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

will cause substantial injury to United States producers of the

same, similar, or competing commodity.

NOTIFICATION REQUIREMENTS

SEC. 515. (a) For the purposes of providing the executive branch

with the necessary administrative flexibility, none of the funds

made available under this Act for ‘‘Child Survival and Disease

Programs Fund’’, ‘‘Development Assistance’’, ‘‘International

Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Assistance for Eastern Europe and the Baltic States’’, ‘‘Assistance for

the Independent States of the Former Soviet Union’’, ‘‘Economic

Support Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Operating Expenses

of the Agency for International Development’’, ‘‘Operating Expenses

of the Agency for International Development Office of Inspector

General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related

Programs’’, ‘‘Foreign Military Financing Program’’, ‘‘International

Military Education and Training’’, ‘‘Peace Corps’’, and ‘‘Migration

and Refugee Assistance’’, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or

other operations not justified or in excess of the amount justified

to the Appropriations Committees for obligation under any of these

specific headings unless the Appropriations Committees of both

Houses of Congress are previously notified 15 days in advance:

Provided, That the President shall not enter into any commitment

of funds appropriated for the purposes of section 23 of the Arms

Export Control Act for the provision of major defense equipment,

other than conventional ammunition, or other major defense items

defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities

justified to Congress unless the Committees on Appropriations are

notified 15 days in advance of such commitment: Provided further,

That this section shall not apply to any reprogramming for an

activity, program, or project under chapter 1 of part I of the Foreign

Assistance Act of 1961 of less than 10 percent of the amount

previously justified to the Congress for obligation for such activity,

program, or project for the current fiscal year: Provided further,

That the requirements of this section or any similar provision

of this Act or any other Act, including any prior Act requiring

notification in accordance with the regular notification procedures

of the Committees on Appropriations, may be waived if failure

to do so would pose a substantial risk to human health or welfare:

Provided further, That in case of any such waiver, notification

to the Congress, or the appropriate congressional committees, shall

be provided as early as practicable, but in no event later than

3 days after taking the action to which such notification requirement

was applicable, in the context of the circumstances necessitating

such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency

circumstances.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–27

(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 shall be subject to the regular notification procedures of the Committees on Appropriations.

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the

Committees on Appropriations, funds appropriated under this Act

or any previously enacted Act making appropriations for foreign

operations, export financing, and related programs, which are

returned or not made available for organizations and programs

because of the implementation of section 307(a) of the Foreign

Assistance Act of 1961, shall remain available for obligation until

September 30, 2002.

INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

‘‘Assistance for the Independent States of the Former Soviet Union’’

shall be made available for assistance for a government of an

Independent State of the former Soviet Union—

(1) unless that government is making progress in

implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and equitable treatment of foreign private investment;

and

(2) if that government applies or transfers United States

assistance to any entity for the purpose of expropriating or

seizing ownership or control of assets, investments, or ventures.

Assistance may be furnished without regard to this subsection

if the President determines that to do so is in the national interest.

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall

be made available for assistance for a government of an Independent

State of the former Soviet Union if that government directs any

action in violation of the territorial integrity or national sovereignty

of any other Independent State of the former Soviet Union, such

as those violations included in the Helsinki Final Act: Provided,

That such funds may be made available without regard to the

restriction in this subsection if the President determines that to

do so is in the national security interest of the United States.

(c) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall

be made available for any state to enhance its military capability:

Provided, That this restriction does not apply to demilitarization,

demining or nonproliferation programs.

(d) Funds appropriated under the heading ‘‘Assistance for the

Independent States of the Former Soviet Union’’ for the Russian

Federation, Armenia, Georgia, and Ukraine shall be subject to

the regular notification procedures of the Committees on Appropriations.

(e) Funds made available in this Act for assistance for the

Independent States of the former Soviet Union shall be subject

to the provisions of section 117 (relating to environment and natural

resources) of the Foreign Assistance Act of 1961.

(f ) Funds appropriated in this or prior appropriations Acts

that are or have been made available for an Enterprise Fund

114 STAT. 1900A–28 PUBLIC LAW 106–429—APPENDIX A

in the Independent States of the Former Soviet Union may be

deposited by such Fund in interest-bearing accounts prior to the

disbursement of such funds by the Fund for program purposes.

The Fund may retain for such program purposes any interest earned

on such deposits without returning such interest to the Treasury

of the United States and without further appropriation by the

Congress. Funds made available for Enterprise Funds shall be

expended at the minimum rate necessary to make timely payment

for projects and activities.

(g) In issuing new task orders, entering into contracts, or making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ‘‘Assistance for the Independent States

of the Former Soviet Union’’ and under comparable headings in

prior appropriations Acts, for projects or activities that have as

one of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to the New

Independent States and the implementing agency shall encourage

the participation of and give significant weight to contractors and

grantees who propose investing a significant amount of their own

resources (including volunteer services and in-kind contributions)

in such projects and activities.

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 518. None of the funds made available to carry out part

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

used to pay for the performance of abortions as a method of family

planning or to motivate or coerce any person to practice abortions.

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

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

performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person

to undergo sterilizations. None of the funds made available to

carry out part I of the Foreign Assistance Act of 1961, as amended,

may be used to pay for any biomedical research which relates

in whole or in part, to methods of, or the performance of, abortions

or involuntary sterilization as a means of family planning. None

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

Assistance Act of 1961, as amended, may be obligated or expended

for any country or organization if the President certifies that the

use of these funds by any such country or organization would

violate any of the above provisions related to abortions and involuntary sterilizations: Provided, That none of the funds made available

under this Act may be used to lobby for or against abortion.

EXPORT FINANCING TRANSFER AUTHORITIES

SEC. 519. Not to exceed 5 percent of any appropriation other

than for administrative expenses made available for fiscal year

2001, for programs under title I of this Act may be transferred

between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account

may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by

any such transfer: Provided, That the exercise of such authority

shall be subject to the regular notification procedures of the

Committees on Appropriations.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–29

SPECIAL NOTIFICATION REQUIREMENTS

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

be obligated or expended for Colombia, Haiti, Liberia, Serbia,

Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic

Republic of Congo except as provided through the regular notification procedures of the Committees on Appropriations.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

activity’’ shall be defined at the appropriations Act account level

and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the

following accounts: Economic Support Fund and Foreign Military

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

considered to include country, regional, and central program level

funding within each such account; for the development assistance

accounts of the Agency for International Development ‘‘program,

project, and activity’’ shall also be considered to include central

program level funding, either as: (1) justified to the Congress;

or (2) allocated by the executive branch in accordance with a report,

to be provided to the Committees on Appropriations within 30

days of the enactment of this Act, as required by section 653(a)

of the Foreign Assistance Act of 1961.

CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES

SEC. 522. Up to $16,000,000 of the funds made available by

this Act for assistance under the heading ‘‘Child Survival and

Disease Programs Fund’’, may be used to reimburse United States

Government agencies, agencies of State governments, institutions

of higher learning, and private and voluntary organizations for

the full cost of individuals (including for the personal services

of such individuals) detailed or assigned to, or contracted by, as

the case may be, the Agency for International Development for

the purpose of carrying out child survival, basic education, and

infectious disease activities: Provided, That up to $1,500,000 of

the funds made available by this Act for assistance under the

heading ‘‘Development Assistance’’ may be used to reimburse such

agencies, institutions, and organizations for such costs of such

individuals carrying out other development assistance activities:

Provided further, That funds appropriated by this Act that are

made available for child survival activities or disease programs

including activities relating to research on, and the prevention,

treatment and control of, Acquired Immune Deficiency Syndrome

may be made available notwithstanding any provision of law that

restricts assistance to foreign countries: Provided further, That

funds appropriated under title II of this Act may be made available

pursuant to section 301 of the Foreign Assistance Act of 1961

if a primary purpose of the assistance is for child survival and

related programs.

PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

SEC. 523. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated to finance indirectly

any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria,

North Korea, or the People’s Republic of China, unless the President

114 STAT. 1900A–30 PUBLIC LAW 106–429—APPENDIX A

of the United States certifies that the withholding of these funds

is contrary to the national interest of the United States.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 524. Prior to providing excess Department of Defense

articles in accordance with section 516(a) of the Foreign Assistance

Act of 1961, the Department of Defense shall notify the Committees

on Appropriations to the same extent and under the same conditions

as are other committees pursuant to subsection (f ) of that section:

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

articles under the Arms Export Control Act, the Department of

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees:

Provided further, That such Committees shall also be informed

of the original acquisition cost of such defense articles.

AUTHORIZATION REQUIREMENT

SEC. 525. Funds appropriated by this Act, except funds appropriated under the headings ‘‘International Military Education and

Training’’ and ‘‘Foreign Military Financing Program’’, may be obligated and expended notwithstanding section 10 of Public Law 91–

672 and section 15 of the State Department Basic Authorities

Act of 1956.

DEMOCRACY IN CHINA

SEC. 526. Notwithstanding any other provision of law that

restricts assistance to foreign countries, funds appropriated by this

Act for ‘‘Economic Support Fund’’ may be made available to provide

general support and grants for nongovernmental organizations

located outside the People’s Republic of China that have as their

primary purpose fostering democracy in that country, and for activities of nongovernmental organizations located outside the People’s

Republic of China to foster rule of law and democracy in that

country: Provided, That none of the funds made available for activities to foster democracy in the People’s Republic of China may

be made available for assistance to the government of that country,

except that funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are made available for the National

Endowment for Democracy or its grantees may be made available

for activities to foster democracy in that country notwithstanding

this proviso and any other provision of law: Provided further, That

upon enactment of this Act funds appropriated by this or any

prior Acts making appropriations for foreign operations, export

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

Endowment for Democracy shall be provided notwithstanding any

other provision of law or regulation: Provided further, That funds

made available pursuant to the authority of this section shall be

subject to the regular notification procedures of the Committees

on Appropriations: Provided further, That notwithstanding any

other provision of law, of the funds appropriated by this Act to

carry out the provisions of chapter 4 of part II of the Foreign

Assistance Act of 1961, not to exceed $2,000,000 may be made

available to nongovernmental organizations located outside the People’s Republic of China to support activities which preserve cultural

traditions and promote sustainable development and environmental

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–31

conservation in Tibetan communities in that country: Provided further, That the final proviso in section 526 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 2000

(as enacted into law by section 1000(a)(2) of Public Law 106–

113) is amended by striking ‘‘Robert F. Kennedy Memorial Center

for Human Rights’’ and inserting ‘‘Jamestown Foundation’’.

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 527. (a) Funds appropriated for bilateral assistance under

any heading of this Act and funds appropriated under any such

heading in a provision of law enacted prior to the enactment of

this Act, shall not be made available to any country which the

President determines—

(1) grants sanctuary from prosecution to any individual

or group which has committed an act of international terrorism;

or

(2) otherwise supports international terrorism.

(b) The President may waive the application of subsection (a)

to a country if the President determines that national security

or humanitarian reasons justify such waiver. The President shall

publish each waiver in the Federal Register and, at least 15 days

before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver)

in accordance with the regular notification procedures of the

Committees on Appropriations.

REPORT ON IMPLEMENTATION OF SUPPLEMENTAL APPROPRIATIONS

SEC. 528. (a) Beginning not later than January 1, 2001, the

Secretary of State shall provide quarterly reports to the Committees

on Appropriations providing information on the use of funds appropriated in title VI of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 2000 (as enacted into

law by section 1000(a)(2) of Public Law 106–113). Each report

shall include the following— (1) the current and projected status of obligations and

expenditures by appropriations account, by country, and by

program, project, and activity;

(2) the contractors and subcontractors engaged in activities

funded from appropriations contained in title VI; and

(3) the procedures and processes under which decisions

have been or will be made on which programs, projects, and

activities are funded through appropriations contained in title

VI.

(b) For each report required by this section, a classified annex

may be submitted if deemed necessary and appropriate.

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

be provided to the Committees on Appropriations by January 1,

2002.

COMPETITIVE INSURANCE

SEC. 529. All Agency for International Development contracts

and solicitations, and subcontracts entered into under such contracts, shall include a clause requiring that United States insurance

companies have a fair opportunity to bid for insurance when such

insurance is necessary or appropriate.

114 STAT. 1900A–32 PUBLIC LAW 106–429—APPENDIX A

PERU

SEC. 530. (a) DETERMINATION.—Not later than 90 days after

the date of the enactment of this Act, and every 90 days thereafter

during fiscal year 2001, the Secretary of State shall determine

and report to the Committees on Appropriations whether the

Government of Peru has made substantial progress in creating

the conditions for free and fair elections, and in respecting human

rights, the rule of law, the independence and constitutional role

of the judiciary and national congress, and freedom of expression

and independent media.

(b) PROHIBITION.—If the Secretary determines and reports

pursuant to subsection (a) that the Government of Peru has not

made substantial progress, no funds appropriated by this Act may

be made available for assistance for the Central Government of

Peru.

(c) Of the funds appropriated by this Act, not less than

$2,000,000 should be made available to support the work of nongovernmental organizations and the Organization of American

States in promoting free and fair elections, democratic institutions,

and human rights in Peru.

DEBT-FOR-DEVELOPMENT

SEC. 531. In order to enhance the continued participation of

nongovernmental organizations in economic assistance activities

under the Foreign Assistance Act of 1961, including endowments,

debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the Agency

for International Development may place in interest bearing

accounts funds made available under this Act or prior Acts or

local currencies which accrue to that organization as a result of

economic assistance provided under title II of this Act and any

interest earned on such investment shall be used for the purpose

for which the assistance was provided to that organization.

SEPARATE ACCOUNTS

SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—

(1) If assistance is furnished to the government of a foreign country

under chapters 1 and 10 of part I or chapter 4 of part II of

the Foreign Assistance Act of 1961 under agreements which result

in the generation of local currencies of that country, the Administrator of the Agency for International Development shall—

(A) require that local currencies be deposited in a separate

account established by that government;

(B) enter into an agreement with that government which

sets forth—

(i) the amount of the local currencies to be generated;

and

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this

section; and

(C) establish by agreement with that government the

responsibilities of the Agency for International Development

and that government to monitor and account for deposits into

and disbursements from the separate account.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–33

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with

the foreign government, local currencies deposited in a separate

account pursuant to subsection (a), or an equivalent amount of

local currencies, shall be used only—

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

4 of part II (as the case may be), for such purposes as—

(i) project and sector assistance activities; or

(ii) debt and deficit financing; or

(B) for the administrative requirements of the United

States Government.

(3) PROGRAMMING ACCOUNTABILITY.—The Agency for International Development shall take all necessary steps to ensure that

the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant

to subsection (a)(1) are used for the purposes agreed upon pursuant

to subsection (a)(2).

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination

of assistance to a country under chapter 1 or 10 of part I or

chapter 4 of part II (as the case may be), any unencumbered

balances of funds which remain in a separate account established

pursuant to subsection (a) shall be disposed of for such purposes

as may be agreed to by the government of that country and the

United States Government.

(5) REPORTING REQUIREMENT.—The Administrator of the

Agency for International Development shall report on an annual

basis as part of the justification documents submitted to the

Committees on Appropriations on the use of local currencies for

the administrative requirements of the United States Government

as authorized in subsection (a)(2)(B), and such report shall include

the amount of local currency (and United States dollar equivalent)

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

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country,

under chapter 1 or 10 of part I or chapter 4 of part II of the

Foreign Assistance Act of 1961, as cash transfer assistance or

as nonproject sector assistance, that country shall be required to

maintain such funds in a separate account and not commingle

them with any other funds.

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds

may be obligated and expended notwithstanding provisions of law

which are inconsistent with the nature of this assistance including

provisions which are referenced in the Joint Explanatory Statement

of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159).

(3) NOTIFICATION.—At least 15 days prior to obligating any

such cash transfer or nonproject sector assistance, the President

shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include

a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests

that will be served by the assistance (including, as appropriate,

a description of the economic policy reforms that will be promoted

by such assistance).

(4) EXEMPTION.—Nonproject sector assistance funds may be

exempt from the requirements of subsection (b)(1) only through

the notification procedures of the Committees on Appropriations.

114 STAT. 1900A–34 PUBLIC LAW 106–429—APPENDIX A

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

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

as payment to any international financial institution while the

United States Executive Director to such institution is compensated

by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in

excess of the rate provided for an individual occupying a position

at level IV of the Executive Schedule under section 5315 of title

5, United States Code, or while any alternate United States Director

to such institution is compensated by the institution at a rate

in excess of the rate provided for an individual occupying a position

at level V of the Executive Schedule under section 5316 of title

5, United States Code.

(b) For purposes of this section, ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development

Bank, the African Development Fund, the International Monetary

Fund, the North American Development Bank, and the European

Bank for Reconstruction and Development.

COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ

SEC. 534. None of the funds appropriated or otherwise made

available pursuant to this Act to carry out the Foreign Assistance

Act of 1961 (including title IV of chapter 2 of part I, relating

to the Overseas Private Investment Corporation) or the Arms

Export Control Act may be used to provide assistance to any country

that is not in compliance with the United Nations Security Council

sanctions against Iraq unless the President determines and so

certifies to the Congress that—

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

States;

(2) such assistance will directly benefit the needy people

in that country; or

(3) the assistance to be provided will be humanitarian

assistance for foreign nationals who have fled Iraq and Kuwait.

AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 535. (a) Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in

prior Acts authorizing or making appropriations for foreign operations, export financing, and related programs, shall not be construed to prohibit activities authorized by or conducted under the

Peace Corps Act, the Inter-American Foundation Act or the African

Development Foundation Act. The agency shall promptly report

to the Committees on Appropriations whenever it is conducting

activities or is proposing to conduct activities in a country for

which assistance is prohibited.

(b) Unless expressly provided to the contrary, limitations on

the availability of funds for ‘‘International Organizations and Programs’’ in this or any other Act, including prior appropriations

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–35

Acts, shall not be construed to be applicable to the International

Fund for Agricultural Development.

IMPACT ON JOBS IN THE UNITED STATES

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

be obligated or expended to provide— (a) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing

such an enterprise to relocate outside the United States if

such incentive or inducement is likely to reduce the number

of employees of such business enterprise in the United States

because United States production is being replaced by such

enterprise outside the United States;

(b) assistance for the purpose of establishing or developing

in a foreign country any export processing zone or designated

area in which the tax, tariff, labor, environment, and safety

laws of that country do not apply, in part or in whole, to

activities carried out within that zone or area, unless the President determines and certifies that such assistance is not likely

to cause a loss of jobs within the United States; or

(c) assistance for any project or activity that contributes

to the violation of internationally recognized workers rights,

as defined in section 502(a)(4) of the Trade Act of 1974, of

workers in the recipient country, including any designated zone

or area in that country: Provided, That in recognition that

the application of this subsection should be commensurate with

the level of development of the recipient country and sector,

the provisions of this subsection shall not preclude assistance

for the informal sector in such country, micro and small-scale

enterprise, and smallholder agriculture.

CLEAN COAL TECHNOLOGY

SEC. 537. (a) FINDINGS.—The Congress finds as follows:

(1) The United States is the world leader in the development of environmental technologies, particularly clean coal

technology.

(2) Severe pollution problems affecting people in developing

countries, and the serious health problems that result from

such pollution, can be effectively addressed through the application of United States technology.

(3) During the next century, developing countries, particularly countries in Asia such as China and India, will dramatically increase their consumption of electricity, and low quality

coal will be a major source of fuel for power generation.

(4) Without the use of modern clean coal technology, the

resultant pollution will cause enormous health and environmental problems leading to diminished economic growth in

developing countries and, thus, diminished United States

exports to those growing markets.

(b) STATEMENT OF POLICY.—It is the policy of the United States

to promote the export of United States clean coal technology. In

furtherance of that policy, the Secretary of State, the Secretary

of the Treasury (acting through the United States executive directors to international financial institutions), the Secretary of Energy,

and the Administrator of the United States Agency for International

Development (USAID) should, as appropriate, vigorously promote

114 STAT. 1900A–36 PUBLIC LAW 106–429—APPENDIX A

the use of United States clean coal technology in environmental

and energy infrastructure programs, projects and activities. Programs, projects and activities for which the use of such technology

should be considered include reconstruction assistance for the Balkans, activities carried out by the Global Environment Facility,

and activities funded from USAID’s Development Credit Authority.

SPECIAL AUTHORITIES

SEC. 538. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS

OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.—Funds

appropriated in titles I and II of this Act that are made available

for Afghanistan, Lebanon, Montenegro, and for victims of war,

displaced children, and displaced Burmese, may be made available

notwithstanding any other provision of law: Provided, That any

such funds that are made available for Cambodia shall be subject

to the provisions of section 531(e) of the Foreign Assistance Act

of 1961 and section 906 of the International Security and Development Cooperation Act of 1985.

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION

ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of

the Foreign Assistance Act of 1961 may be used, notwithstanding

any other provision of law, for the purpose of supporting tropical

forestry and biodiversity conservation activities and, subject to the

regular notification procedures of the Committees on Appropriations, energy programs aimed at reducing greenhouse gas emissions:

Provided, That such assistance shall be subject to sections 116,

502B, and 620A of the Foreign Assistance Act of 1961.

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by

this Act to carry out chapter 1 of part I, chapter 4 of part II,

and section 667 of the Foreign Assistance Act of 1961, and title

II of the Agricultural Trade Development and Assistance Act of

1954, may be used by the Agency for International Development

to employ up to 25 personal services contractors in the United

States, notwithstanding any other provision of law, for the purpose

of providing direct, interim support for new or expanded overseas

programs and activities and managed by the agency until permanent direct hire personnel are hired and trained: Provided, That

not more than 10 of such contractors shall be assigned to any

bureau or office: Provided further, That such funds appropriated

to carry out the Foreign Assistance Act of 1961 may be made

available for personal services contractors assigned only to the

Office of Health and Nutrition; the Office of Procurement; the

Bureau for Africa; the Bureau for Latin America and the Caribbean;

and the Bureau for Asia and the Near East: Provided further,

That such funds appropriated to carry out title II of the Agricultural

Trade Development and Assistance Act of 1954, may be made

available only for personal services contractors assigned to the

Office of Food for Peace.

(d)(1) WAIVER.—The President may waive the provisions of

section 1003 of Public Law 100–204 if the President determines

and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant

to paragraph (1) shall be effective for no more than a period of

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–37

6 months at a time and shall not apply beyond 12 months after

the enactment of this Act.

POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL AND

NORMALIZING RELATIONS WITH ISRAEL

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

(1) the Arab League countries should immediately and

publicly renounce the primary boycott of Israel and the secondary and tertiary boycott of American firms that have commercial ties with Israel and should normalize their relations with

Israel;

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

the boycott against Israel was deeply troubling and disappointing;

(3) the fact that only three Arab countries maintain full

diplomatic relations with Israel is also of deep concern;

(4) the Arab League should immediately rescind its decision

on the boycott and its members should develop normal relations

with their neighbor Israel; and

(5) the President should—

(A) take more concrete steps to encourage vigorously

Arab League countries to renounce publicly the primary

boycotts of Israel and the secondary and tertiary boycotts

of American firms that have commercial relations with

Israel and to normalize their relations with Israel;

(B) take into consideration the participation of any

recipient country in the primary boycott of Israel and the

secondary and tertiary boycotts of American firms that

have commercial relations with Israel when determining

whether to sell weapons to said country;

(C) report to Congress annually on the specific steps

being taken by the United States and the progress achieved

to bring about a public renunciation of the Arab primary

boycott of Israel and the secondary and tertiary boycotts

of American firms that have commercial relations with

Israel and to expand the process of normalizing ties

between Arab League countries and Israel; and

(D) encourage the allies and trading partners of the

United States to enact laws prohibiting businesses from

complying with the boycott and penalizing businesses that

do comply.

ADMINISTRATION OF JUSTICE ACTIVITIES

SEC. 540. Of the funds appropriated or otherwise made available by this Act for ‘‘Economic Support Fund’’, assistance may

be provided to strengthen the administration of justice in countries

in Latin America and the Caribbean and in other regions consistent

with the provisions of section 534(b) of the Foreign Assistance

Act of 1961, except that programs to enhance protection of participants in judicial cases may be conducted notwithstanding section

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

may be made available notwithstanding section 534(c) and the

second and third sentences of section 534(e) of the Foreign Assistance Act of 1961.

114 STAT. 1900A–38 PUBLIC LAW 106–429—APPENDIX A

ELIGIBILITY FOR ASSISTANCE

SEC. 541. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act

with respect to assistance for a country shall not be construed

to restrict assistance in support of programs of nongovernmental

organizations from funds appropriated by this Act to carry out

the provisions of chapters 1, 10, 11, and 12 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, and from funds

appropriated under the heading ‘‘Assistance for Eastern Europe

and the Baltic States’’: Provided, That the President shall take

into consideration, in any case in which a restriction on assistance

would be applicable but for this subsection, whether assistance

in support of programs of nongovernmental organizations is in

the national interest of the United States: Provided further, That

before using the authority of this subsection to furnish assistance

in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance to be provided,

and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any

existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.

(b) PUBLIC LAW 480.—During fiscal year 2001, restrictions contained in this or any other Act with respect to assistance for

a country shall not be construed to restrict assistance under the

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I

of such Act and made available pursuant to this subsection may

be obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

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

Act of 1961 or any comparable provision of law prohibiting

assistance to countries that support international terrorism;

or

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

Act of 1961 or any comparable provision of law prohibiting

assistance to countries that violate internationally recognized

human rights.

EARMARKS

SEC. 542. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same

account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this

or any other Act or, with respect to a country with which the

United States has an agreement providing the United States with

base rights or base access in that country, if the President determines that the recipient for which funds are earmarked has significantly reduced its military or economic cooperation with the United

States since the enactment of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1991; however, before exercising the authority of this subsection with regard

to a base rights or base access country which has significantly

reduced its military or economic cooperation with the United States,

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–39

the President shall consult with, and shall provide a written policy

justification to the Committees on Appropriations: Provided, That

any such reprogramming shall be subject to the regular notification

procedures of the Committees on Appropriations: Provided further,

That assistance that is reprogrammed pursuant to this subsection

shall be made available under the same terms and conditions as

originally provided.

(b) In addition to the authority contained in subsection (a),

the original period of availability of funds appropriated by this

Act and administered by the Agency for International Development

that are earmarked for particular programs or activities by this

or any other Act shall be extended for an additional fiscal year

if the Administrator of such agency determines and reports

promptly to the Committees on Appropriations that the termination

of assistance to a country or a significant change in circumstances

makes it unlikely that such earmarked funds can be obligated

during the original period of availability: Provided, That such earmarked funds that are continued available for an additional fiscal

year shall be obligated only for the purpose of such earmark.

CEILINGS AND EARMARKS

SEC. 543. Ceilings and earmarks contained in this Act shall

not be applicable to funds or authorities appropriated or otherwise

made available by any subsequent Act unless such Act specifically

so directs. Earmarks or minimum funding requirements contained

in any other Act shall not be applicable to funds appropriated

by this Act.

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 544. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes within the

United States not authorized before the date of the enactment

of this Act by the Congress: Provided, That not to exceed $750,000

may be made available to carry out the provisions of section 316

of Public Law 96–533.

PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

SEC. 545. (a) To the maximum extent possible, assistance provided under this Act should make full use of American resources,

including commodities, products, and services.

(b) It is the sense of the Congress that, to the greatest extent

practicable, all agriculture commodities, equipment and products

purchased with funds made available in this Act should be American-made.

(c) In providing financial assistance to, or entering into any

contract with, any entity using funds made available in this Act,

the head of each Federal agency, to the greatest extent practicable,

shall provide to such entity a notice describing the statement made

in subsection (b) by the Congress.

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

annually on the efforts of the heads of each Federal agency and

the United States directors of international financial institutions

(as referenced in section 514) in complying with this sense of

the Congress.

114 STAT. 1900A–40 PUBLIC LAW 106–429—APPENDIX A

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

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

pursuant to this Act for carrying out the Foreign Assistance Act

of 1961, may be used to pay in whole or in part any assessments,

arrearages, or dues of any member of the United Nations or, from

funds appropriated by this Act to carry out chapter 1 of part

I of the Foreign Assistance Act of 1961, the costs for participation

of another country’s delegation at international conferences held

under the auspices of multilateral or international organizations.

CONSULTING SERVICES

SEC. 547. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited

to those contracts where such expenditures are a matter of public

record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive order

pursuant to existing law.

PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

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

pursuant to this Act shall be available to a private voluntary

organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of

the Agency for International Development.

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 549. (a) None of the funds appropriated or otherwise

made available by this Act may be available to any foreign government which provides lethal military equipment to a country the

government of which the Secretary of State has determined is

a terrorist government for purposes of section 40(d) of the Arms

Export Control Act. The prohibition under this section with respect

to a foreign government shall terminate 12 months after that

government ceases to provide such military equipment. This section

applies with respect to lethal military equipment provided under

a contract entered into after October 1, 1997.

(b) Assistance restricted by subsection (a) or any other similar

provision of law, may be furnished if the President determines

that furnishing such assistance is important to the national

interests of the United States.

(c) Whenever the waiver of subsection (b) is exercised, the

President shall submit to the appropriate congressional committees

a report with respect to the furnishing of such assistance. Any

such report shall include a detailed explanation of the assistance

to be provided, including the estimated dollar amount of such

assistance, and an explanation of how the assistance furthers

United States national interests.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–41

WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN

COUNTRIES

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

a foreign country under part I of the Foreign Assistance Act of

1961, an amount equivalent to 110 percent of the total unpaid

fully adjudicated parking fines and penalties owed to the District

of Columbia by such country as of the date of the enactment

of this Act shall be withheld from obligation for such country

until the Secretary of State certifies and reports in writing to

the appropriate congressional committees that such fines and penalties are fully paid to the government of the District of Columbia.

(b) DEFINITION.—For purposes of this section, the term ‘‘appropriate congressional committees’’ means the Committee on Foreign

Relations and the Committee on Appropriations of the Senate and

the Committee on International Relations and the Committee on

Appropriations of the House of Representatives.

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

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

be obligated for assistance for the Palestine Liberation Organization

for the West Bank and Gaza unless the President has exercised

the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104–107) or any other

legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect:

Provided, That if the President fails to make the certification under

section 604(b)(2) of the Middle East Peace Facilitation Act of 1995

or to suspend the prohibition under other legislation, funds appropriated by this Act may not be obligated for assistance for the

Palestine Liberation Organization for the West Bank and Gaza.

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 552. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other

violations of international humanitarian law, the President may

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to $30,000,000 of commodities

and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations

Security Council or such other tribunals or commissions as the

Council may establish to deal with such violations, without regard

to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall

be in lieu of any determinations otherwise required under section

552(c): Provided further, That 60 days after the date of the enactment of this Act, and every 180 days thereafter until September

30, 2001, the Secretary of State shall submit a report to the Committees on Appropriations describing the steps the United States

Government is taking to collect information regarding allegations

of genocide or other violations of international law in the former

Yugoslavia and to furnish that information to the United Nations

War Crimes Tribunal for the former Yugoslavia: Provided further,

That the drawdown made under this section for any tribunal shall

114 STAT. 1900A–42 PUBLIC LAW 106–429—APPENDIX A

not be construed as an endorsement or precedent for the establishment of any standing or permanent international criminal tribunal

or court: Provided further, That funds made available for tribunals

other than Yugoslavia or Rwanda shall be made available subject

to the regular notification procedures of the Committees on Appropriations.

LANDMINES

SEC. 553. Notwithstanding any other provision of law, demining

equipment available to the Agency for International Development

and the Department of State and used in support of the clearance

of landmines and unexploded ordnance for humanitarian purposes

may be disposed of on a grant basis in foreign countries, subject

to such terms and conditions as the President may prescribe.

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

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

be obligated or expended to create in any part of Jerusalem a

new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho

or any successor Palestinian governing entity provided for in the

Israel-PLO Declaration of Principles: Provided, That this restriction

shall not apply to the acquisition of additional space for the existing

Consulate General in Jerusalem: Provided further, That meetings

between officers and employees of the United States and officials

of the Palestinian Authority, or any successor Palestinian governing

entity provided for in the Israel-PLO Declaration of Principles,

for the purpose of conducting official United States Government

business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers

and employees of the United States Government may continue

to meet in Jerusalem on other subjects with Palestinians (including

those who now occupy positions in the Palestinian Authority), have

social contacts, and have incidental discussions.

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 555. None of the funds appropriated or otherwise made

available by this Act under the heading ‘‘International Military

Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or under the headings ‘‘Child

Survival and Disease Programs Fund’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated or expended to

pay for—

(1) alcoholic beverages; or

(2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at

sporting events and amusement parks.

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 556. (a) AUTHORITY TO REDUCE DEBT.—The President

may reduce amounts owed to the United States (or any agency

of the United States) by an eligible country as a result of—

(1) guarantees issued under sections 221 and 222 of the

Foreign Assistance Act of 1961;

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–43

(2) credits extended or guarantees issued under the Arms

Export Control Act; or

(3) any obligation or portion of such obligation, to pay

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit

guarantee programs authorized pursuant to section 5(f ) of the

Commodity Credit Corporation Charter Act of June 29, 1948,

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

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501).

(b) LIMITATIONS.— (1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and

referendum agreements, commonly referred to as ‘‘Paris Club

Agreed Minutes’’. (2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided

in advance by appropriations Acts.

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens

that are eligible to borrow from the International Development

Association, but not from the International Bank for

Reconstruction and Development, commonly referred to as

‘‘IDA-only’’ countries.

(c) CONDITIONS.—The authority provided by subsection (a) may

be exercised only with respect to a country whose government— (1) does not have an excessive level of military expenditures;

(2) has not repeatedly provided support for acts of international terrorism;

(3) is not failing to cooperate on international narcotics

control matters;

(4) (including its military or other security forces) does

not engage in a consistent pattern of gross violations of internationally recognized human rights; and

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

of section 527 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995.

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated

by this Act under the heading ‘‘Debt Restructuring’’. (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt

pursuant to subsection (a) shall not be considered assistance for

purposes of any provision of law limiting assistance to a country.

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or

section 321 of the International Development and Food Assistance

Act of 1975.

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 557. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.— (1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible

purchaser any concessional loan or portion thereof made before

January 1, 1995, pursuant to the Foreign Assistance Act of

114 STAT. 1900A–44 PUBLIC LAW 106–429—APPENDIX A

1961, to the government of any eligible country as defined

in section 702(6) of that Act or on receipt of payment from

an eligible purchaser, reduce or cancel such loan or portion

thereof, only for the purpose of facilitating—

(A) debt-for-equity swaps, debt-for-development swaps,

or debt-for-nature swaps; or

(B) a debt buyback by an eligible country of its own

qualified debt, only if the eligible country uses an additional

amount of the local currency of the eligible country, equal

to not less than 40 percent of the price paid for such

debt by such eligible country, or the difference between

the price paid for such debt and the face value of such

debt, to support activities that link conservation and

sustainable use of natural resources with local community

development, and child survival and other child development, in a manner consistent with sections 707 through

710 of the Foreign Assistance Act of 1961, if the sale,

reduction, or cancellation would not contravene any term

or condition of any prior agreement relating to such loan.

(2) TERMS AND CONDITIONS.—Notwithstanding any other

provision of law, the President shall, in accordance with this

section, establish the terms and conditions under which loans

may be sold, reduced, or canceled pursuant to this section.

(3) ADMINISTRATION.—The Facility, as defined in section

702(8) of the Foreign Assistance Act of 1961, shall notify the

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and

shall direct such agency to carry out the sale, reduction, or

cancellation of a loan pursuant to this section. Such agency

shall make an adjustment in its accounts to reflect the sale,

reduction, or cancellation.

(4) LIMITATION.—The authorities of this subsection shall

be available only to the extent that appropriations for the

cost of the modification, as defined in section 502 of the

Congressional Budget Act of 1974, are made in advance.

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant

to this section shall be deposited in the United States Government

account or accounts established for the repayment of such loan.

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps.

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible

purchaser, or any reduction or cancellation pursuant to this section,

of any loan made to an eligible country, the President should

consult with the country concerning the amount of loans to be

sold, reduced, or canceled and their uses for debt-for-equity swaps,

debt-for-development swaps, or debt-for-nature swaps.

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated

by this Act under the heading ‘‘Debt Restructuring’’.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–45

ASSISTANCE FOR HAITI

SEC. 558. (a) None of the funds appropriated by this or any

previous appropriations Act for foreign operations, export financing

and related programs shall be made available for assistance for

the central Government of Haiti until— (1) the Secretary of State reports to the Committees on

Appropriations that Haiti has held free and fair elections to

seat a new parliament; and

(2) the Director of the Office of National Drug Control

Policy reports to the Committees on Appropriations that the

Government of Haiti is fully cooperating with United States

efforts to interdict illicit drug traffic through Haiti to the United

States.

(b) Not more than 11 percent of the funds appropriated by

this Act to carry out the provisions of sections 103 through 106

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

that are made available for Latin America and the Caribbean

region may be made available, through bilateral and Latin America

and the Caribbean regional programs, to provide assistance for

any country in such region.

REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF

SECRETARY OF STATE

SEC. 559. (a) FOREIGN AID REPORTING REQUIREMENT.—In addition to the voting practices of a foreign country, the report required

to be submitted to Congress under section 406(a) of the Foreign

Relations Authorization Act, fiscal years 1990 and 1991 (22 U.S.C.

2414a), shall include a side-by-side comparison of individual countries’ overall support for the United States at the United Nations

and the amount of United States assistance provided to such country in fiscal year 2000.

(b) UNITED STATES ASSISTANCE.—For purposes of this section,

the term ‘‘United States assistance’’ has the meaning given the

term in section 481(e)(4) of the Foreign Assistance Act of 1961

(22 U.S.C. 2291(e)(4)).

RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS

AGENCIES

SEC. 560. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR

THE UNITED NATIONS.—None of the funds appropriated by this

Act may be made available to pay any voluntary contribution of

the United States to the United Nations (including the United

Nations Development Program) if the United Nations implements

or imposes any taxation on any United States persons.

(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS.—

None of the funds appropriated by this Act may be made available

to pay any voluntary contribution of the United States to the

United Nations (including the United Nations Development Program) unless the President certifies to the Congress 15 days in

advance of such payment that the United Nations is not engaged

in any effort to implement or impose any taxation on United States

persons in order to raise revenue for the United Nations or any

of its specialized agencies.

(c) DEFINITIONS.—As used in this section the term ‘‘United

States person’’ refers to—

114 STAT. 1900A–46 PUBLIC LAW 106–429—APPENDIX A

(1) a natural person who is a citizen or national of the

United States; or

(2) a corporation, partnership, or other legal entity organized under the United States or any State, territory, possession, or district of the United States.

HAITI COAST GUARD

SEC. 561. The Government of Haiti shall be eligible to purchase

defense articles and services under the Arms Export Control Act

(22 U.S.C. 2751 et seq.), for the Coast Guard: Provided, That

the authority provided by this section shall be subject to the regular

notification procedures of the Committees on Appropriations.

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 562. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of

part II of the Foreign Assistance Act of 1961 may be obligated

or expended with respect to providing funds to the Palestinian

Authority.

(b) WAIVER.—The prohibition included in subsection (a) shall

not apply if the President certifies in writing to the Speaker of

the House of Representatives and the President pro tempore of

the Senate that waiving such prohibition is important to the

national security interests of the United States.

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant

to subsection (b) shall be effective for no more than a period of

6 months at a time and shall not apply beyond 12 months after

the enactment of this Act.

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 563. None of the funds made available by this Act may

be provided to any unit of the security forces of a foreign country

if the Secretary of State has credible evidence that such unit has

committed gross violations of human rights, unless the Secretary

determines and reports to the Committees on Appropriations that

the government of such country is taking effective measures to

bring the responsible members of the security forces unit to justice:

Provided, That nothing in this section shall be construed to withhold

funds made available by this Act from any unit of the security

forces of a foreign country not credibly alleged to be involved in

gross violations of human rights: Provided further, That in the

event that funds are withheld from any unit pursuant to this

section, the Secretary of State shall promptly inform the foreign

government of the basis for such action and shall, to the maximum

extent practicable, assist the foreign government in taking effective

measures to bring the responsible members of the security forces

to justice.

RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY

TO INDICTED WAR CRIMINALS

SEC. 564. (a) BILATERAL ASSISTANCE.—None of the funds made

available by this or any prior Act making appropriations for foreign

operations, export financing and related programs, may be provided

for any country, entity or municipality described in subsection (e).

(b) MULTILATERAL ASSISTANCE.—

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–47

(1) PROHIBITION.—The Secretary of the Treasury shall

instruct the United States executive directors of the international financial institutions to work in opposition to, and

vote against, any extension by such institutions of any financial

or technical assistance or grants of any kind to any country

or entity described in subsection (e).

(2) NOTIFICATION.—Not less than 15 days before any vote

in an international financial institution regarding the extension

of financial or technical assistance or grants to any country

or entity described in subsection (e), the Secretary of the Treasury, in consultation with the Secretary of State, shall provide

to the Committee on Appropriations and the Committee on

Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Banking and Financial Services

of the House of Representatives a written justification for the

proposed assistance, including an explanation of the United

States position regarding any such vote, as well as a description

of the location of the proposed assistance by municipality, its

purpose, and its intended beneficiaries.

(3) DEFINITION.—The term ‘‘international financial institution’’ includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance

Corporation, the Multilateral Investment Guaranty Agency, and

the European Bank for Reconstruction and Development.

(c) EXCEPTIONS.—

(1) IN GENERAL.—Subject to paragraph (2), subsections (a)

and (b) shall not apply to the provision of—

(A) humanitarian assistance;

(B) democratization assistance;

(C) assistance for cross border physical infrastructure

projects involving activities in both a sanctioned country,

entity, or municipality and a nonsanctioned contiguous

country, entity, or municipality, if the project is primarily

located in and primarily benefits the nonsanctioned country, entity, or municipality and if the portion of the project

located in the sanctioned country, entity, or municipality

is necessary only to complete the project;

(D) small-scale assistance projects or activities

requested by United States Armed Forces that promote

good relations between such forces and the officials and

citizens of the areas in the United States SFOR sector

of Bosnia;

(E) implementation of the Brcko Arbitral Decision;

(F) lending by the international financial institutions

to a country or entity to support common monetary and

fiscal policies at the national level as contemplated by

the Dayton Agreement;

(G) direct lending to a non-sanctioned entity, or lending

passed on by the national government to a non-sanctioned

entity; or

(H) assistance to the International Police Task Force

for the training of a civilian police force.

(I) assistance to refugees and internally displaced persons returning to their homes in Bosnia from which they

had been forced to leave on the basis of their ethnicity.

114 STAT. 1900A–48 PUBLIC LAW 106–429—APPENDIX A

(2) NOTIFICATION.—Every 60 days the Secretary of State,

in consultation with the Administrator of the Agency for International Development, shall publish in the Federal Register

and/or in a comparable publicly accessible document or Internet

site, a listing and justification of any assistance that is obligated

within that period of time for any country, entity, or municipality described in subsection (e), including a description of the

purpose of the assistance, project and its location, by municipality.

(d) FURTHER LIMITATIONS.—Notwithstanding subsection (c)— (1) no assistance may be made available by this Act, or

any prior Act making appropriations for foreign operations,

export financing and related programs, in any country, entity,

or municipality described in subsection (e), for a program,

project, or activity in which a publicly indicted war criminal

is known to have any financial or material interest; and

(2) no assistance (other than emergency foods or medical

assistance or demining assistance) may be made available by

this Act, or any prior Act making appropriations for foreign

operations, export financing and related programs for any program, project, or activity in any sanctioned country, entity,

or municipality described in subsection (e) in which a person

publicly indicted by the Tribunal is in residence or is engaged

in extended activity and competent local authorities have failed

to notify the Tribunal or failed to take necessary and significant

steps to apprehend and transfer such persons to the Tribunal

or in which competent local authorities have obstructed the

work of the Tribunal.

(e) SANCTIONED COUNTRY, ENTITY, OR MUNICIPALITY.—A sanctioned country, entity, or municipality described in this section

is one whose competent authorities have failed, as determined by

the Secretary of State, to take necessary and significant steps

to apprehend and transfer to the Tribunal all persons who have

been publicly indicted by the Tribunal.

(f ) SPECIAL RULE.—Subject to subsection (d), subsections (a)

and (b) shall not apply to the provision of assistance to an entity

that is not a sanctioned entity, notwithstanding that such entity

may be within a sanctioned country, if the Secretary of State

determines and so reports to the appropriate congressional committees that providing assistance to that entity would promote peace

and internationally recognized human rights by encouraging that

entity to cooperate fully with the Tribunal.

(g) CURRENT RECORD OF WAR CRIMINALS AND SANCTIONED

COUNTRIES, ENTITIES, AND MUNICIPALITIES.—

(1) IN GENERAL.—The Secretary of State shall establish

and maintain a current record of the location, including the

municipality, if known, of publicly indicted war criminals and

a current record of sanctioned countries, entities, and municipalities.

(2) INFORMATION OF THE DCI AND THE SECRETARY OF

DEFENSE.—The Director of Central Intelligence and the Secretary of Defense should collect and provide to the Secretary

of State information concerning the location, including the

municipality, of publicly indicted war criminals.

(3) INFORMATION OF THE TRIBUNAL.—The Secretary of State

shall request that the Tribunal and other international

organizations and governments provide the Secretary of State

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–49

information concerning the location, including the municipality,

of publicly indicted war criminals and concerning country,

entity and municipality authorities known to have obstructed

the work of the Tribunal.

(4) REPORT.—Beginning 30 days after the date of the enactment of this Act, and not later than September 1 each year

thereafter, the Secretary of State shall submit a report in

classified and unclassified form to the appropriate congressional

committees on the location, including the municipality, if

known, of publicly indicted war criminals, on country, entity

and municipality authorities known to have obstructed the

work of the Tribunal, and on sanctioned countries, entities,

and municipalities.

(5) INFORMATION TO CONGRESS.—Upon the request of the

chairman or ranking minority member of any of the appropriate

congressional committees, the Secretary of State shall make

available to that committee the information recorded under

paragraph (1) in a report submitted to the committee in classified and unclassified form.

(h) WAIVER.—

(1) IN GENERAL.—The Secretary of State may waive the

application of subsection (a) or subsection (b) with respect to

specified bilateral programs or international financial institution projects or programs in a sanctioned country, entity, or

municipality upon providing a written determination to the

Committee on Appropriations and the Committee on Foreign

Relations of the Senate and the Committee on Appropriations

and the Committee on International Relations of the House

of Representatives that such assistance directly supports the

implementation of the Dayton Agreement and its Annexes,

which include the obligation to apprehend and transfer indicted

war criminals to the Tribunal.

(2) REPORT.—Not later than 15 days after the date of

any written determination under paragraph (1) the Secretary

of State shall submit a report to the Committees on Appropriations and Foreign Relations and the Select Committee on Intelligence of the Senate and the Committees on Appropriations

and International Relations and the Permanent Select Committee on Intelligence of the House of Representatives regarding

the status of efforts to secure the voluntary surrender or

apprehension and transfer of persons indicted by the Tribunal,

in accordance with the Dayton Agreement, and outlining

obstacles to achieving this goal.

(3) ASSISTANCE PROGRAMS AND PROJECTS AFFECTED.—Any

waiver made pursuant to this subsection shall be effective

only with respect to a specified bilateral program or multilateral

assistance project or program identified in the determination

of the Secretary of State to Congress.

(i) TERMINATION OF SANCTIONS.—The sanctions imposed pursuant to subsections (a) and (b) with respect to a country or entity

shall cease to apply only if the Secretary of State determines

and certifies to Congress that the authorities of that country, entity,

or municipality have apprehended and transferred to the Tribunal

all persons who have been publicly indicted by the Tribunal.

( j) DEFINITIONS.—As used in this section— (1) COUNTRY.—The term ‘‘country’’ means BosniaHerzegovina, Croatia, and Serbia.

114 STAT. 1900A–50 PUBLIC LAW 106–429—APPENDIX A

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation

of Bosnia and Herzegovina, Kosova, Montenegro, and the

Republika Srpska.

(3) DAYTON AGREEMENT.—The term ‘‘Dayton Agreement’’

means the General Framework Agreement for Peace in Bosnia

and Herzegovina, together with annexes relating thereto, done

at Dayton, November 10 through 16, 1995.

(4) TRIBUNAL.—The term ‘‘Tribunal’’ means the International Criminal Tribunal for the Former Yugoslavia.

(k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND GOVERNMENT

AGENCIES.—In carrying out this section, the Secretary of State,

the Administrator of the Agency for International Development,

and the executive directors of the international financial institutions

shall consult with representatives of human rights organizations

and all government agencies with relevant information to help

prevent publicly indicted war criminals from benefiting from any

financial or technical assistance or grants provided to any country

or entity described in subsection (e).

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE

RUSSIAN FEDERATION

SEC. 565. None of the funds appropriated under this Act may

be made available for the Government of the Russian Federation,

after 180 days from the date of the enactment of this Act, unless

the President determines and certifies in writing to the Committees

on Appropriations and the Committee on Foreign Relations of the

Senate that the Government of the Russian Federation has implemented no statute, executive order, regulation or similar government action that would discriminate, or would have as its principal

effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to

which the Russian Federation is a party.

GREENHOUSE GAS EMISSIONS

SEC. 566. (a) Funds made available in this Act to support

programs or activities the primary purpose of which is promoting

or assisting country participation in the Kyoto Protocol to the

Framework Convention on Climate Change (FCCC) shall only be

made available subject to the regular notification procedures of

the Committees on Appropriations.

(b) The President shall provide a detailed account of all Federal

agency obligations and expenditures for climate change programs

and activities, domestic and international obligations for such activities in fiscal year 2001, and any plan for programs thereafter

related to the implementation or the furtherance of protocols pursuant to, or related to negotiations to amend the FCCC in conjunction

with the President’s submission of the Budget of the United States

Government for Fiscal Year 2002: Provided, That such report shall

include an accounting of expenditures by agency with each agency

identifying climate change activities and associated costs by line

item as presented in the President’s Budget Appendix: Provided

further, That such report shall identify with regard to the Agency

for International Development, obligations and expenditures by

country or central program and activity.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–51

AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO

SEC. 567. None of the funds appropriated or otherwise made

available by this Act may be provided to the Central Government

of the Democratic Republic of Congo.

ASSISTANCE FOR THE MIDDLE EAST

SEC. 568. Of the funds appropriated in titles II and III of

this Act under the headings ‘‘Economic Support Fund’’, ‘‘Foreign

Military Financing Program’’, ‘‘International Military Education and

Training’’, ‘‘Peacekeeping Operations’’, for refugees resettling in

Israel under the heading ‘‘Migration and Refugee Assistance’’, and

for assistance for Israel to carry out provisions of chapter 8 of

part II of the Foreign Assistance Act of 1961 under the heading

‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, not more than a total of $5,241,150,000 may be made

available for Israel, Egypt, Jordan, Lebanon, the West Bank and

Gaza, the Israel-Lebanon Monitoring Group, the Multinational

Force and Observers, the Middle East Regional Democracy Fund,

Middle East Regional Cooperation, and Middle East Multilateral

Working Groups: Provided, That any funds that were appropriated

under such headings in prior fiscal years and that were at the

time of the enactment of this Act obligated or allocated for other

recipients may not during fiscal year 2001 be made available for

activities that, if funded under this Act, would be required to

count against this ceiling: Provided further, That funds may be

made available notwithstanding the requirements of this section

if the President determines and certifies to the Committees on

Appropriations that it is important to the national security interest

of the United States to do so and any such additional funds shall

only be provided through the regular notification procedures of

the Committees on Appropriations.

ENTERPRISE FUND RESTRICTIONS

SEC. 569. Prior to the distribution of any assets resulting from

any liquidation, dissolution, or winding up of an Enterprise Fund,

in whole or in part, the President shall submit to the Committees

on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.

CAMBODIA

SEC. 570. (a) The Secretary of the Treasury should instruct

the United States executive directors of the international financial

institutions to use the voice and vote of the United States to

oppose loans to the Central Government of Cambodia, except loans

to support basic human needs.

(b) None of the funds appropriated by this Act may be made

available for assistance for the Central Government of Cambodia.

FOREIGN MILITARY TRAINING REPORT

SEC. 571. (a) The Secretary of Defense and the Secretary of

State shall jointly provide to the Congress by March 1, 2001, a

report on all military training provided to foreign military personnel

(excluding sales, and excluding training provided to the military

114 STAT. 1900A–52 PUBLIC LAW 106–429—APPENDIX A

personnel of countries belonging to the North Atlantic Treaty

Organization) under programs administered by the Department

of Defense and the Department of State during fiscal years 2000

and 2001, including those proposed for fiscal year 2001. This report

shall include, for each such military training activity, the foreign

policy justification and purpose for the training activity, the cost

of the training activity, the number of foreign students trained

and their units of operation, and the location of the training. In

addition, this report shall also include, with respect to United

States personnel, the operational benefits to United States forces

derived from each such training activity and the United States

military units involved in each such training activity. This report

may include a classified annex if deemed necessary and appropriate.

(b) For purposes of this section a report to Congress shall

be deemed to mean a report to the Appropriations and Foreign

Relations Committees of the Senate and the Appropriations and

International Relations Committees of the House of Representatives.

KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION

SEC. 572. (a) Of the funds made available under the heading

‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, not to exceed $55,000,000 may be made available for the

Korean Peninsula Energy Development Organization (hereafter

referred to in this section as ‘‘KEDO’’), notwithstanding any other

provision of law, only for the administrative expenses and heavy

fuel oil costs associated with the Agreed Framework.

(b) Such funds may be made available for KEDO only if, 30

days prior to such obligation of funds, the President certifies and

so reports to Congress that—

(1) the parties to the Agreed Framework have taken and

continue to take demonstrable steps to implement the Joint

Declaration on Denuclearization of the Korean Peninsula in

which the Government of North Korea has committed not to

test, manufacture, produce, receive, possess, store, deploy, or

use nuclear weapons, and not to possess nuclear reprocessing

or uranium enrichment facilities;

(2) the parties to the Agreed Framework have taken and

continue to take demonstrable steps to pursue the North-South

dialogue;

(3) North Korea is complying with all provisions of the

Agreed Framework;

(4) North Korea has not significantly diverted assistance

provided by the United States for purposes for which it was

not intended;

(5) there is no credible evidence that North Korea is seeking

to develop or acquire the capability to enrich uranium, or

any additional capability to reprocess spent nuclear fuel;

(6) North Korea is complying with its commitments regarding access to suspect underground construction at Kumchangni;

(7) there is no credible evidence that North Korea is

engaged in a nuclear weapons program, including efforts to

acquire, develop, test, produce, or deploy such weapons; and

(8) the United States is continuing to make significant

progress on eliminating the North Korean ballistic missile

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–53

threat, including further missile tests and its ballistic missile

exports.

(c) The President may waive the certification requirements

of subsection (b) if the President determines that it is vital to

the national security interests of the United States and provides

written policy justifications to the appropriate congressional

committees. No funds may be obligated for KEDO until 30 days

after submission to Congress of such waiver.

(d) The Secretary of State shall, at the time of the annual

presentation for appropriations, submit a report providing a full

and detailed accounting of the fiscal year 2002 request for the

United States contribution to KEDO, the expected operating budget

of KEDO, proposed annual costs associated with heavy fuel oil

purchases, including unpaid debt, and the amount of funds pledged

by other donor nations and organizations to support KEDO activities on a per country basis, and other related activities.

AFRICAN DEVELOPMENT FOUNDATION

SEC. 573. Funds made available to grantees of the African

Development Foundation may be invested pending expenditure for

project purposes when authorized by the President of the Foundation: Provided, That interest earned shall be used only for the

purposes for which the grant was made: Provided further, That

this authority applies to interest earned both prior to and following

enactment of this provision: Provided further, That notwithstanding

section 505(a)(2) of the African Development Foundation Act, in

exceptional circumstances the board of directors of the Foundation

may waive the $250,000 limitation contained in that section with

respect to a project: Provided further, That the Foundation shall

provide a report to the Committees on Appropriations in advance

of exercising such waiver authority.

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 574. None of the funds appropriated or otherwise made

available by this Act may be used to provide equipment, technical

support, consulting services, or any other form of assistance to

the Palestinian Broadcasting Corporation.

IRAQ

SEC. 575. Notwithstanding any other provision of law, of the

funds appropriated under the heading ‘‘Economic Support Fund’’,

not less than $25,000,000 shall be made available for programs

benefiting the Iraqi people, of which not less than $12,000,000

should be made available for food, medicine, and other humanitarian assistance (including related administrative, communications, logistical, and transportation costs) to be provided to the

Iraqi people inside Iraq: Provided, That such assistance should

be provided through the Iraqi National Congress Support Foundation or the Iraqi National Congress: Provided further, That not

less than $6,000,000 of the amounts made available for programs

benefiting the Iraqi people should be made available to the Iraqi

National Congress Support Foundation or the Iraqi National Congress for the production and broadcasting inside Iraq of radio and

satellite television programming: Provided further, That funds may

114 STAT. 1900A–54 PUBLIC LAW 106–429—APPENDIX A

be made available to support efforts to bring about political transition in Iraq which may be made available only to Iraqi opposition

groups designated under the Iraq Liberation Act (Public Law 105– 338) for political, economic, humanitarian, and other activities of

such groups, and not to exceed $2,000,000 may be made available

for groups and activities seeking the prosecution of Saddam Hussein

and other Iraqi government officials for war crimes: Provided further, That none of these funds may be made available for administrative expenses of the Department of State: Provided further, That

the President shall, not later than 60 days after the date of enactment of this Act, submit to the Committees on Appropriations

of the Senate and the House of Representatives a plan (in classified

or unclassified form) for the transfer to the Iraqi National Congress

Support Foundation or the Iraqi National Congress of humanitarian

assistance for the Iraqi people pursuant to this paragraph, and

for the commencement of broadcasting operations pursuant to this

paragraph.

AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET JUSTIFICATION

SEC. 576. The Agency for International Development shall submit to the Committees on Appropriations a detailed budget justification that is consistent with the requirements of section 515, for

each fiscal year. The Agency shall submit to the Committees on

Appropriations a proposed budget justification format no later than

November 15, 2000, or 30 days after the enactment of this Act,

whichever occurs later. The proposed format shall include how

the Agency’s budget justification will address: (1) estimated levels

of obligations for the current fiscal year and actual levels for the

2 previous fiscal years; (2) the President’s request for new budget

authority and estimated carryover obligational authority for the

budget year; (3) the disaggregation of budget data and staff levels

by program and activity for each bureau, field mission, and central

office; and (4) the need for a user-friendly, transparent budget

narrative.

KYOTO PROTOCOL

SEC. 577. None of the funds appropriated by this Act shall

be used to propose or issue rules, regulations, decrees, or orders

for the purpose of implementation, or in preparation for

implementation, of the Kyoto Protocol, which was adopted on

December 11, 1997, in Kyoto, Japan, at the Third Conference of

the Parties to the United States Framework Convention on Climate

Change, which has not been submitted to the Senate for advice

and consent to ratification pursuant to article II, section 2, clause

2, of the United States Constitution, and which has not entered

into force pursuant to article 25 of the Protocol.

WEST BANK AND GAZA PROGRAM

SEC. 578. For fiscal year 2001, 30 days prior to the initial

obligation of funds for the bilateral West Bank and Gaza Program,

the Secretary of State shall certify to the appropriate committees

of Congress that procedures have been established to assure the

Comptroller General of the United States will have access to appropriate United States financial information in order to review the

uses of United States assistance for the Program funded under

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–55

the heading ‘‘Economic Support Fund’’ for the West Bank and

Gaza.

INDONESIA

SEC. 579. (a) Funds appropriated by this Act under the headings

‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for Indonesia

if the President determines and submits a report to the appropriate

congressional committees that the Government of Indonesia and

the Indonesian Armed Forces are—

(1) taking effective measures to bring to justice members

of the armed forces and militia groups against whom there

is credible evidence of human rights violations;

(2) taking effective measures to bring to justice members

of the armed forces against whom there is credible evidence

of aiding or abetting militia groups;

(3) allowing displaced persons and refugees to return home

to East Timor, including providing safe passage for refugees

returning from West Timor;

(4) not impeding the activities of the United Nations Transitional Authority in East Timor;

(5) demonstrating a commitment to preventing incursions

into East Timor by members of militia groups in West Timor;

and

(6) demonstrating a commitment to accountability by

cooperating with investigations and prosecutions of members

of the Indonesian Armed Forces and militia groups responsible

for human rights violations in Indonesia and East Timor.

MAN AND THE BIOSPHERE

SEC. 580. None of the funds appropriated or otherwise made

available by this Act may be provided for the United Nations

Man and the Biosphere Program or the United Nations World

Heritage Fund.

TAIWAN REPORTING REQUIREMENT

SEC. 581. Not less than 30 days prior to the next round of

arms talks between the United States and Taiwan, the President

shall consult, on a classified basis, with appropriate Congressional

leaders and committee chairmen and ranking members regarding

the following matters:

(1) Taiwan’s requests for purchase of defense articles and

defense services during the pending round of arms talks;

(2) the Administration’s assessment of the legitimate

defense needs of Taiwan, in light of Taiwan’s requests; and

(3) the decision-making process used by the Executive

branch to consider those requests.

RESTRICTION ON UNITED STATES ASSISTANCE FOR CERTAIN

RECONSTRUCTION EFFORTS IN CENTRAL EUROPE

SEC. 582. Funds appropriated or otherwise made available by

this Act for United States assistance for Eastern Europe and the

Baltic States should to the maximum extent practicable be used

for the procurement of articles and services of United States origin.

114 STAT. 1900A–56 PUBLIC LAW 106–429—APPENDIX A

RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING

SIERRA LEONE

SEC. 583. (a) None of the funds appropriated by this Act may

be made available for assistance for the government of any country

that the Secretary of State determines there is credible evidence

that such government has provided lethal or non-lethal military

support or equipment, directly or through intermediaries, within

the previous 6 months to the Sierra Leone Revolutionary United

Front (RUF), or any other group intent on destabilizing the democratically elected government of the Republic of Sierra Leone.

(b) None of the funds appropriated by this Act may be made

available for assistance for the government of any country that

the Secretary of State determines there is credible evidence that

such government has aided or abetted, within the previous 6

months, in the illicit distribution, transportation, or sale of diamonds mined in Sierra Leone.

(c) Whenever the prohibition on assistance required under subsection (a) or (b) is exercised, the Secretary of State shall notify

the Committees on Appropriations in a timely manner.

VOLUNTARY SEPARATION INCENTIVES

SEC. 584. Section 579(c)(2)(D) of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2000, as

enacted by section 1000(a)(2) of the Consolidated Appropriations

Act, 2000 (Public Law 106–113), is amended by striking ‘‘December

31, 2000’’ and inserting in lieu thereof ‘‘December 31, 2001’’.

CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

SEC. 585. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—

Of the amounts made available under ‘‘International Organizations

and Programs’’, not more than $25,000,000 for fiscal year 2001

shall be available for the United Nations Population Fund (hereafter

in this subsection referred to as the ‘‘UNFPA’’).

(b) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China.

(c) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made

available under ‘‘International Organizations and Programs’’ for

fiscal year 2001 for the UNFPA may not be made available to

UNFPA unless— (1) the UNFPA maintains amounts made available to the

UNFPA under this section in an account separate from other

accounts of the UNFPA;

(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and

(3) the UNFPA does not fund abortions.

(d) REPORT TO THE CONGRESS AND WITHHOLDING OF FUNDS.—

(1) Not later than February 15, 2001, the Secretary of

State shall submit a report to the appropriate congressional

committees indicating the amount of funds that the United

Nations Population Fund is budgeting for the year in which

the report is submitted for a country program in the People’s

Republic of China.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–57

(2) If a report under paragraph (1) indicates that the United

Nations Population Fund plans to spend funds for a country

program in the People’s Republic of China in the year covered

by the report, then the amount of such funds that the UNFPA

plans to spend in the People’s Republic of China shall be

deducted from the funds made available to the UNFPA after

March 1 for obligation for the remainder of the fiscal year

in which the report is submitted.

INDOCHINESE PAROLEES

SEC. 586. (a) The status of certain aliens from Vietnam, Cambodia, and Laos described in subsection (b) of this section may

be adjusted by the Attorney General, under such regulations as

she may prescribe, to that of an alien lawfully admitted permanent

residence if— (1) within 3 years after the date of promulgation by the

Attorney General of regulations in connection with this title

the alien makes an application for such adjustment and pays

the appropriate fee;

(2) the alien is otherwise eligible to receive an immigrant

visa and is otherwise admissible to the United States for permanent residence except as described in subsection (c); and

(3) the alien had been physically present in the United

States prior to October 1, 1997.

(b) The benefits provided by subsection (a) shall apply to any

alien who is a native or citizen of Vietnam, Laos, or Cambodia

and who was inspected and paroled into the United States before

October 1, 1997 and was physically present in the United States

on October 1, 1997; and

(1) was paroled into the United States from Vietnam under

the auspices of the Orderly Departure Program; or

(2) was paroled into the United States from a refugee

camp in East Asia; or

(3) was paroled into the United States from a displaced

person camp administered by the United Nations High Commissioner for Refugees in Thailand.

(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The

provisions of paragraphs (4), (5), and (7)(A) and (9) of section

212(a) of the Immigration and Nationality Act shall not be

applicable to any alien seeking admission to the United States

under this subsection, and nothwithstanding any other provision

of law, the Attorney General may waive 212(a)(1); 212(a)(6)(B),

(C), and (F); 212(8)(A); 212(a)(10)(B) and (D) with respect to such

an alien in order to prevent extreme hardship to the alien or

the alien’s spouse, parent, son or daughter, who is a citizen of

the United States or an alien lawfully admitted for permanent

residence. Any such waiver by the Attorney General shall be in

writing and shall be granted only on an individual basis following

an investigation.

(d) CEILING.—The number of aliens who may be provided

adjustment of status under this provision shall not exceed 5,000.

(e) DATE OF APPROVAL.—Upon the approval of such an application for adjustment of status, the Attorney General shall create

a record of the alien’s admission as a lawful permanent resident

as of the date of the alien’s inspection and parole described in

subsection (b)(1), (b)(2) and (b)(3).

114 STAT. 1900A–58 PUBLIC LAW 106–429—APPENDIX A

(f ) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—When an

alien is granted the status of having been lawfully admitted for

permanent residence under this section the Secretary of State shall

not be required to reduce the number of immigrant visas authorized

to be issued under the Immigration and Nationality Act.

AMERICAN CHURCHWOMEN IN EL SALVADOR

SEC. 587. (a) Information relevant to the December 2, 1980,

murders of four American churchwomen in El Salvador shall be

made public to the fullest extent possible.

(b) The Secretary of State and the Department of State are

to be commended for fully releasing information regarding the

murders.

(c) The President shall order all Federal agencies and departments that possess relevant information to make every effort to

declassify and release to the victims’ families relevant information

as expeditiously as possible.

(d) In making determinations concerning the declassification

and release of relevant information, the Federal agencies and

departments shall presume in favor of releasing, rather than of

withholding, such information.

PROCUREMENT AND FINANCIAL MANAGEMENT REFORM

SEC. 588. (a) FUNDING CONDITIONS.—Of the funds made available under the heading ‘‘International Financial Institutions’’ in

this Act, 10 percent of the United States portion or payment to

such International Financial Institution shall be withheld by the

Secretary of the Treasury, until the Secretary certifies to the

Committees on Appropriations that, to the extent pertinent to its

lending programs, the institution is—

(1) Implementing procedures for conducting annual audits

by qualified independent auditors for all new investment lending;

(2) Implementing procedures for annual independent external audits of central bank financial statements for countries

making use of International Monetary Fund resources under

new arrangements or agreements with the Fund;

(3) Taking steps to establish an independent fraud and

corruption investigative organization or office;

(4) Implementing a process to assess a recipient country’s

procurement and financial management capabilities including

an analysis of the risks of corruption prior to initiating new

investment lending; and

(5) Taking steps to fund and implement programs and

policies to improve transparency and anti-corruption programs

and procurement and financial management controls in recipient countries.

(b) REPORT.—The Secretary of the Treasury shall report on

March 1, 2001 to the Committees on Appropriations on progress

made by each International Financial Institution, and, to the extent

pertinent to its lending programs, the International Monetary Fund,

to fulfill the objectives identified in subsection (a) and on progress

of the International Monetary Fund to implement procedures for

annual independent external audits of central bank financial statements for countries making use of Fund resources under all new

arrangements with the Fund.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–59

(c) DEFINITIONS.—The term ‘‘International Financial Institutions’’ means the International Bank for Reconstruction and

Development, the International Development Association, the International Finance Corporation, the Inter-American Development

Bank, the Inter-American Investment Corporation, the Enterprise

for the Americas Multilateral Investment Fund, the Asian Development Bank, the Asian Development Fund, the African Development

Bank, the African Development Fund, the European Bank for

Reconstruction and Development, and the International Monetary

Fund.

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 589. Notwithstanding any other provision of law, and

subject to the regular notification procedures of the Committees

on Appropriations, the authority of section 23(a) of the Arms Export

Control Act may be used to provide financing to Israel, Egypt

and NATO and major non-NATO allies for the procurement by

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

articles from United States commercial suppliers, not including

Major Defense Equipment (other than helicopters and other types

of aircraft having possible civilian application), if the President

determines that there are compelling foreign policy or national

security reasons for those defense articles being provided by

commercial lease rather than by government-to-government sale

under such Act.

FOREIGN MILITARY EXPENDITURES REPORT

SEC. 590. Section 511(b) of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1993 (Public

Law 102–391) is amended by repealing paragraph (2) relating to

military expenditures.

ABOLITION OF THE INTER-AMERICAN FOUNDATION

SEC. 591. Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, as enacted

by section 1000(a)(2) of Public Law 106–113, is amended—

(1) in subsection (b), by striking ‘‘year 2000’’ and inserting

in lieu thereof ‘‘years 2000 and 2001’’; and

(2) in subsection (c)(2), by striking ‘‘6290f’’ and inserting

in lieu thereof ‘‘290f’’.

REPEAL OF REQUIREMENT FOR ANNUAL GAO REPORT ON THE

FINANCIAL OPERATIONS OF THE INTERNATIONAL MONETARY FUND

SEC. 592. Section 1706 of the International Financial Institutions Act (22 U.S.C. 262r–5) is repealed.

EXTENSION OF GAO AUTHORITIES

SEC. 593. The funds made available to the Comptroller General

pursuant to title I, chapter 4 of Public Law 106–31 shall remain

available until expended.

114 STAT. 1900A–60 PUBLIC LAW 106–429—APPENDIX A

FUNDING FOR SERBIA

SEC. 594. (a) Of funds made available in this Act, up to

$100,000,000 may be made available for assistance for Serbia: Provided, That none of these funds may be made available for assistance for Serbia after March 31, 2001 unless the President has

made the determination and certification contained in subsection

(c).

(b) After March 31, 2001, the Secretary of the Treasury should

instruct the United States executive directors to international financial institutions to support loans and assistance to the Government

of the Federal Republic of Yugoslavia subject to the conditions

in subsection (c): Provided, That section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations

Act, 1997, as amended, shall not apply to the provision of loans

and assistance to the Federal Republic of Yugoslavia through international financial institutions.

(c) The determination and certification referred to in subsection

(a) is a determination by the President and a certification to the

Committees on Appropriations of the House of Representatives and

the Senate that the Government of the Federal Republic of Yugoslavia is—

(1) cooperating with the International Criminal Tribunal

for Yugoslavia including access for investigators, the provision

of documents, and the surrender and transfer of indictees or

assistance in their apprehension;

(2) taking steps that are consistent with the Dayton Accords

to end Serbian financial, political, security and other support

which has served to maintain separate Republika Srpska

institutions; and

(3) taking steps to implement policies which reflect a

respect for minority rights and the rule of law.

(d) Subsections (b), (c), and (d) shall not apply to Montenegro,

Kosova, humanitarian assistance or assistance to promote democracy in municipalities.

(e) The Secretary of State should instruct the United States

representatives to regional and international organizations to support membership for the Government of the Federal Republic of

Yugoslavia (FRY) subject to a certification by the President to

the Committees on Appropriations of the House of Representatives

and the Senate that the FRY has applied for membership on the

same basis as the other successor states to the FRY and has

taken appropriate steps to resolve issues related to state liabilities,

assets and property.

FORESTRY INITIATIVE

SEC. 595. (a) The provisions of S. 3140 of the 106th Congress,

as introduced on September 28, 2000 are hereby enacted into law.

(b) In publishing the Act in slip form and in the United States

Statutes at Large pursuant to section 112, of title 1, United States

Code, the Archivist of the United States shall include after the

date of approval at the end appendixes setting forth the texts

of the bill referred to in subsection (a) of this section.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–61

USER FEES

SEC. 596. The Secretary of the Treasury shall instruct the

United States Executive Director at each international financial

institution (as defined in section 1701(c)(2) of the International

Financial Institutions Act) and the International Monetary Fund

to oppose any loan of these institutions that would require user

fees or service charges on poor people for primary education or

primary healthcare, including prevention and treatment efforts for

HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal

well-being, in connection with the institutions’ lending programs.

BASIC EDUCATION ASSISTANCE FOR PAKISTAN

SEC. 597. Funds appropriated by this Act to carry out the

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

Foreign Assistance Act of 1961 may be made available for assistance

for basic education programs for Pakistan, notwithstanding any

provision of law that restricts assistance to foreign countries: Provided, That such assistance is subject to the regular notification

procedures of the Committees on Appropriations.

AUTHORIZATION FOR POPULATION PLANNING

SEC. 598. Not to exceed $425,000,000 of the funds appropriated

in title II of this Act may be available for population planning

activities or other population assistance: Provided, That notwithstanding section 614 of the Foreign Assistance Act of 1961, or

any other provision of law, none of such funds may be obligated

or expended until February 15, 2001.

TITLE VI—EMERGENCY SUPPLEMENTAL APPROPRIATIONS

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $135,000,000, for rehabilitation and reconstruction assistance

for Mozambique, Madagascar, and southern Africa, to remain available until expended: Provided, That none of the funds appropriated

under this heading may be made available for nonproject assistance:

Provided further, That prior to any obligation of funds appropriated

under this heading, the Administrator of the Agency for International Development shall provide the Committees on Appropriations with a detailed report containing the amount of the proposed

obligation and a description of the programs and projects, on a

country-by-country basis, to be funded with such amount: Provided

further, That up to $12,000,000 of the funds appropriated under

this heading may be charged to finance obligations for which appropriations available under chapters 1 and 10 of part I of the Foreign

Assistance Act of 1961 were initially charged for assistance for

rehabilitation and reconstruction for Mozambique, Madagascar, and

southern Africa: Provided further, That of the funds appropriated

under this heading, up to $5,000,000 may be used for administrative

114 STAT. 1900A–62 PUBLIC LAW 106–429—APPENDIX A

expenses, including auditing costs, of the Agency for International

Development associated with the assistance furnished under this

heading: Provided further, That the entire amount is designated

by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the entire amount

provided shall be available only to the extent an official budget

request that includes designation of the entire amount of the request

as an emergency requirement as defined in the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL

DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the

Agency for International Development’’, $13,000,000, to remain

available until September 30, 2001: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the amount provided shall be available only to the extent

that an official budget request that includes designation of the

entire amount as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

OTHER BILATERAL ECONOMIC ASSISTANCE

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

For an additional amount for ‘‘Assistance for Eastern Europe

and the Baltic States’’, $75,825,000, to remain available until

September 30, 2002: Provided, That this amount shall only be

available for assistance for Montenegro, Croatia, and Serbia: Provided further, That the entire amount is designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of

the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended: Provided further, That the amount provided shall

be available only to the extent that an official budget request

that includes designation of the entire amount as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For an additional amount for ‘‘International Military Education

and Training’’, $2,875,000, to remain available until September

30, 2002, for grants to countries of the Balkans and southeast

Europe: Provided, That funds appropriated in this paragraph shall

be made available notwithstanding section 10 of Public Law 91–

672 and section 15 of the State Department Basic Authorities

Act of 1956: Provided further, That the entire amount is designated

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–63

by the Congress as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended: Provided further, That the amount provided shall be available only to the extent that an official budget

request that includes designation of the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended,

is transmitted by the President to the Congress.

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, to enable the President to carry out section 23 of the Arms Export Control Act, $31,000,000, to remain available until September 30, 2002, for grants to countries of the Balkans and southeast

Europe: Provided, That funds appropriated in this paragraph shall

be made available notwithstanding section 10 of Public Law 91– 672 and section 15 of the State Department Basic Authorities

Act of 1956: Provided further, That funds made available under

this heading shall be nonrepayable, notwithstanding sections 23(b)

and 23(c) of the Act: Provided further, That the entire amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended: Provided further, That

the amount provided shall be available only to the extent that

an official budget request that includes designation of the entire

amount as an emergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

DEPARTMENT OF THE TREASURY

DEBT RESTRUCTURING

For an additional amount for ‘‘Debt restructuring’’ $210,000,000

for a contribution to the ‘‘Heavily Indebted Poor Countries Trust

Fund’’ of the International Bank for Reconstruction and Development (HIPC Trust Fund): Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That the

entire amount provided shall be available only to the extent an

official budget request that includes designation of the entire

amount as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended,

is transmitted by the President to the Congress.

GENERAL PROVISIONS—THIS TITLE

SEC. 601. LIMITATION ON SUPPLEMENTAL FUNDS FOR POPU- LATION PLANNING.—Amounts appropriated under this title or under

any other provision of law for fiscal year 2001 that are in addition

to the funds made available under title II of this Act shall be

deemed to have been appropriated under title II of such Act and

shall be subject to all limitations and restrictions contained in

section 599 of this Act, notwithstanding section 543 of this Act.

114 STAT. 1900A–64 PUBLIC LAW 106–429—APPENDIX A

TITLE VII—DEBT REDUCTION

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit of an additional amount for fiscal year 2001 into

the account established under section 3113(d) of title 31, United

States Code, to reduce the public debt, $5,000,000,000.

GENERAL PROVISION

ADJUSTMENT OF 2001 DISCRETIONARY SPENDING CAPS

SEC. 701. (a) Section 251(c)(5) of the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)(5)) is amended by striking subparagraph (A) and inserting the following:

‘‘(A) for the discretionary category: $637,000,000,000 in new

budget authority and $612,695,000,000 in outlays;’’.

(b)(1) Except as provided in paragraph (2), in preparing the

report in calendar year 2000 as required by section 254(f ) of the

Balanced Budget and Emergency Deficit Control Act of 1985 (2

U.S.C. 904(f )) with respect to fiscal year 2001, the Office of Management and Budget shall not make the calculations required by section

251(b)(2) of the Balanced Budget and Emergency Deficit Control

Act of 1985.

(2) Paragraph (1) shall not apply to the calculations permitted

by subparagraph (B), (C), (F), and (G) of section 251(b)(2) of the

Balanced Budget and Emergency Deficit Control Act of 1985.

(c) Under the terms of section 251(b)(2) of the Balanced Budget

and Emergency Deficit Control Act of 1985 adjustments for rounding

shall be provided for the first amount referred to in section

251(c)(5)(A) of such Act, as amended by this section, equal to 0.5

percent of such amount.

TITLE VIII—INTERNATIONAL DEBT FORGIVENESS AND

INTERNATIONAL FINANCIAL INSTITUTIONS REFORM

SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC) INITIATIVE.

(a) REPEAL OF LIMITATION ON AVAILABILITY OF EARNINGS ON

PROFITS OF NONPUBLIC GOLD SALES.—Paragraph (1) of section 62

of the Bretton Woods Agreements Act, as added by section 503(a)

of H.R. 3425 of the 106th Congress (as enacted by section 1000(a)(5)

of Public Law 106–113 (113 Stat. 1536)), is amended—

(1) by adding ‘‘and’’ at the end of subparagraph (B); and

(2) by striking subparagraph (D).

(b) CONTRIBUTIONS TO HIPC TRUST FUND.— (1) AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS.—There is authorized to be appropriated for the period

beginning October 1, 2000, and ending September 30, 2003,

$435,000,000 for purposes of United States contributions to

the Heavily Indebted Poor Countries (HIPC) Trust Fund

administered by the Bank.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–65

(2) AVAILABILITY OF AMOUNTS.—Amounts appropriated

pursuant to the authorization of appropriations in paragraph

(1) shall remain available until expended.

(c) CERTIFICATION REQUIRED.—

(1) IN GENERAL.—Except as provided in paragraph (2), not

later than 30 days after the date of enactment of this Act,

the Secretary shall certify to the appropriate congressional

committees that the following requirements are satisfied:

(A) IMPLEMENTATION BY THE BANK OF CERTAIN POLICIES.—The Bank is implementing—

(i) policies providing for the suspension of a loan

if funds are being diverted for purposes other than

the purpose for which the loan was intended;

(ii) policies seeking to prevent loans from displacing private sector financing;

(iii) policies requiring that loans other than project

loans must be disbursed—

(I) on the basis of specific prior reforms; or

(II) incrementally upon implementation of specific reforms after initial disbursement;

(iv) policies seeking to minimize the number of

projects receiving financing that would displace a population involuntarily or be to the detriment of the people

or culture of the area into which the displaced population is to be moved;

(v) policies vigorously promoting open markets and

liberalization of trade in goods and services;

(vi) policies providing that financing by the Bank

concentrates chiefly on projects and programs that promote economic and social progress rather than shortterm liquidity financing; and

(vii) policies providing for the establishment of

appropriate qualitative and quantitative indicators to

measure progress toward graduation from receiving

financing on concessionary terms, including an estimated timetable by which countries may graduate over

the next 15 years.

(B) IMPLEMENTATION BY THE FUND OF CERTAIN POLICIES.—The Fund is implementing—

(i) policies providing for the suspension of a financing if funds are being diverted for purposes other than

the purpose for which the financing was intended;

(ii) policies seeking to ensure that financing by

the Fund normally serves as a catalyst for private

sector financing and does not displace such financing;

(iii) policies requiring that financing must be

disbursed—

(I) on the basis of specific prior reforms; or

(II) incrementally upon implementation of specific reforms after initial disbursement;

(iv) policies vigorously promoting open markets

and liberalization of trade in goods and services;

(v) policies providing that financing by the Fund

concentrates chiefly on short-term balance of payments

financing; and

114 STAT. 1900A–66 PUBLIC LAW 106–429—APPENDIX A

(vi) policies providing for the use, in conjunction

with the Bank, of appropriate qualitative and quantitative indicators to measure progress toward graduation from receiving financing on concessionary terms,

including an estimated timetable by which countries

may graduate over the next 15 years.

(2) EXCEPTION.—In the event that the Secretary cannot

certify that a policy described in paragraph (1)(A) or (1)(B)

is being implemented, the Secretary shall, not later than 30

days after the date of enactment of this Act, submit a report

to the appropriate congressional committees on the progress,

if any, made by the Bank or the Fund in adopting and

implementing such policy, as the case may be.

SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF

FUNDS BY MULTILATERAL DEVELOPMENT BANKS.

(a) IN GENERAL.—The Secretary shall instruct the United

States Executive Director of each multilateral development bank

to exert the influence of the United States to strengthen the bank’s

procedures and management controls intended to ensure that funds

disbursed by the bank to borrowing countries are used as intended

and in a manner that complies with the conditions of the bank’s

loan to that country.

(b) PROGRESS EVALUATION.—Not later than 180 days after the

date of enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a report evaluating the

progress made toward achieving the objectives of subsection (a),

including a description of—

(1) any progress made in improving the supervision, monitoring, and auditing of programs and projects supported by

each multilateral development bank, in order to identify and

reduce bribery and corruption;

(2) any progress made in developing each multilateral

development bank’s priorities for allocating anticorruption

assistance;

(3) country-specific anticorruption programs supported by

each multilateral development bank;

(4) actions taken to identify and discipline multilateral

development bank employees suspected of knowingly being

involved in corrupt activities; and

(5) the outcome of efforts to harmonize procurement practices across all multilateral development banks.

SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT

OF INTERNATIONAL FINANCIAL INSTITUTIONS.

(a) ANNUAL REPORT ON FINANCIAL OPERATIONS.—Beginning 180

days after the date of enactment of this Act, or October 31, 2000,

whichever is later, and on October 31 of each year thereafter,

the Comptroller General of the United States shall submit to the

appropriate congressional committees a report on the sufficiency

of audits of the financial operations of each multilateral development bank conducted by persons or entities outside such bank.

(b) ANNUAL REPORT ON UNITED STATES SUPPORTED POLICIES.—

Beginning 180 days after the date of enactment of this Act, or

October 31, 2000, whichever is later, and on October 31 of each

year thereafter, the Secretary shall submit a report to the appropriate congressional committees on—

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–67

(1) the actions taken by recipient countries, as a result

of the assistance allocated to them by the multilateral development banks under programs referred to in section 802(b), to

strengthen governance and reduce the opportunity for bribery

and corruption; and

(2) how International Development Association-financed

projects contribute to the eventual graduation of a representative sample of countries from reliance on financing on concessionary terms and international development assistance.

(c) AMENDMENT OF REPORT ON FUND.—Section 1705(a) of the

International Financial Institutions Act (22 U.S.C. 262r–4(a)) is

amended—

(1) by inserting ‘‘(1)’’ before ‘‘the progress’’; and

(2) by inserting before the period at the end the following: ‘‘, and (2) the progress made by the International Monetary

Fund in adopting and implementing the policies described in

section 801(c)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001’’.

(d) REPORT ON DEBT RELIEF.—Not later than 90 days after

the date of enactment of this Act, the Secretary shall submit a

report to the appropriate congressional committees on the history

of debt relief programs led by, or coordinated with, international

financial institutions, including but not limited to— (1) the extent to which poor countries and the poorestof-the-poor benefit from debt relief, including measurable evidence of any such benefits; and

(2) the extent to which debt relief contributes to the graduation of a country from reliance on financing on concessionary

terms and international development assistance.

SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL

FINANCIAL INSTITUTIONS.

Section 209(d) of the Foreign Assistance Act of 1961 (22 U.S.C.

2169(d); relating to bilateral funding for international financial

institutions) is repealed.

SEC. 805. REFOCUSED ACTIVITIES OF THE IMF.

The Bretton Woods Agreement Act is amended by adding the

following new section:

‘‘SEC. 63. PRINCIPLES FOR INTERNATIONAL MONETARY FUND LENDING.

‘‘It is the policy of the United States to work to implement

reforms in the International Monetary Fund (IMF) to achieve the

following goals:

‘‘(1) SHORT-TERM BALANCE OF PAYMENTS FINANCING.—Lending from the general resources of the Fund should concentrate

chiefly on short-term balance of payments financing.

‘‘(2) LIMITATIONS ON MEDIUM-TERM FINANCING.—Use of

medium-term lending from the general resources of the Fund

should be limited to a set of well-defined circumstances, such

as— ‘‘(A) when a member’s balance of payments problems

will be protracted;

‘‘(B) such member has a strong structural reform program in place; and

‘‘(C) the member has little or no access to private

sources of capital.

114 STAT. 1900A–68 PUBLIC LAW 106–429—APPENDIX A

‘‘(3) PREMIUM PRICING.—Premium pricing should be introduced for lending from the general resources of the Fund,

for greater than 200 percent of a member’s quota in the Fund,

to discourage excessive use of Fund lending and to encourage

members to rely on private financing to the maximum extent

possible.

‘‘(4) REDRESSING MISREPORTING OF INFORMATION.—The

Fund should have in place and apply systematically a strong

framework of safeguards and measures to respond to, correct,

and discourage cases of misreporting of information in the

context of a Fund program, including—

‘‘(A) suspending Fund disbursements and ensuring that

Fund lending is not resumed to members that engage in

serious misreporting of material information until such

time as remedial actions and sanctions, as appropriate,

have been applied;

‘‘(B) ensuring that members make early repayments,

where appropriate, of Fund resources disbursed on the

basis of misreported information;

‘‘(C) making public cases of serious misreporting of

material information;

‘‘(D) requiring all members receiving new disbursements from the Fund to undertake annually independent

audits of central bank financial statements and publish

the resulting audits; and

‘‘(E) requiring all members seeking new loans from

the Fund to provide to the Fund detailed information

regarding their internal control procedures, financial

reporting and audit mechanisms and, in cases where there

are questions about the adequacy of these systems, undertaking an on-site review and identifying needed remedies.’’.

SEC. 806. DEFINITIONS.

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Relations and the Committee on Appropriations

of the Senate, and the Committee on Banking and Financial

Services and the Committee on Appropriations of the House

of Representatives.

(2) BANK.—The term ‘‘Bank’’ means the International Bank

for Reconstruction and Development.

(3) FUND.—The term ‘‘Fund’’ means the International

Monetary Fund.

(4) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term

‘‘international financial institutions’’ means the multilateral

development banks and the International Monetary Fund.

(5) MULTILATERAL DEVELOPMENT BANKS.—The term ‘‘multilateral development banks’’ means the International Bank for

Reconstruction and Development, the International Development Association, the International Finance Corporation, the

Inter-American Development Bank, the Asian Development

Bank, the Inter-American Investment Corporation, the African

Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency.

PUBLIC LAW 106–429—APPENDIX A 114 STAT. 1900A–69

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Treasury.

This Act may be cited as the ‘‘Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2001’’.

ENDNOTE: The following appendix was added pursuant to the provisions of section 595 of

this Appenidx (114 Stat. 1900A–60).

PUBLIC LAW 106–429—APPENDIX A–1 114 STAT. 1900A–71

APPENDIX A–1—S. 3140

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Kentucky National Forest Land

Transfer Act of 2000’’.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

(1) the United States owns over 40,000 acres of land and

mineral rights administered by the Tennessee Valley Authority

within the Daniel Boone National Forest in the State of Kentucky;

(2) the land and mineral rights were acquired by the Tennessee Valley Authority for purposes of power production using

funds derived from ratepayers;

(3) the management of the land and mineral rights should

be carried out in accordance with the laws governing the

management of national forests; and

(4) the Tennessee Valley Authority, on behalf of the ratepayers of the Authority, should be reasonably compensated

for the land and mineral rights of the Authority transferred

within the Daniel Boone National Forest.

(b) PURPOSES.—The purposes of this Act are—

(1) to transfer administrative jurisdiction over land of the

Tennessee Valley Authority within the Daniel Boone National

Forest to the Secretary of Agriculture; and

(2) to compensate the Tennessee Valley Authority for the

reasonable value of the transfer of jurisdiction.

SEC. 3. DEFINITIONS.

In this Act:

(1) COVERED LAND.—

(A) IN GENERAL.—The term ‘‘covered land’’ means all

land and interests in land owned or managed by the Tennessee Valley Authority within the boundaries of the Daniel

Boone National Forest in the State of Kentucky that are

transferred under this Act, including surface and subsurface estates.

(B) EXCLUSIONS.—The term ‘‘covered land’’ does not

include any land or interest in land owned or managed

by the Tennessee Valley Authority for the transmission

of water, gas, or power, including power line easements

and associated facilities.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

114 STAT. 1900A–72 PUBLIC LAW 106–429—APPENDIX A–1

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER COVERED LAND.

(a) IN GENERAL.—All covered land is transferred to the administrative jurisdiction of the Secretary to be managed in accordance

with the laws (including regulations) pertaining to the National

Forest System.

(b) AUTHORITY OF SECRETARY OF INTERIOR OVER MINERAL

RESOURCES.—The transfer of the covered land shall be subject

to the authority of the Secretary of the Interior with respect to

mineral resources underlying National Forest System land, including laws pertaining to mineral leasing and the Surface Mining

Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).

(c) SURFACE MINING.—No surface mining shall be permitted

with respect to any covered land except as provided under section

522(e)(2) of the Surface Mining Control and Reclamation Act of

1977 (30 U.S.C. 1272(e)(2)).

SEC. 5. MONETARY CREDITS.

(a) IN GENERAL.—In consideration for the transfer provided

under section 4, the Secretary of the Interior shall provide to

the Tennessee Valley Authority monetary credits with a value of

$4,000,000 that may be used for the payment of—

(1) not more than 50 percent of the bonus or other payments

made by successful bidders in any sales of mineral, oil, gas,

or geothermal leases in the contiguous 48 States under—

(A) the Mineral Leasing Act (30 U.S.C. 181 et seq.);

(B) the Outer Continental Shelf Lands Act (43 U.S.C.

1331 et seq.); or

(C) the Geothermal Steam Act of 1970 (30 U.S.C. 1001

et seq.);

(2) not more than 10 percent of the bonus or other payments

made by successful bidders in any sales of mineral, oil, gas,

or geothermal leases in the State of Alaska under the laws

referred to in paragraph (1);

(3) not more than 50 percent of any royalty, rental, or

advance royalty payment made to the United States to maintain

any mineral, oil, gas, or geothermal lease in the contiguous

48 States issued under the laws referred to in paragraph (1);

or

(4) not more than 10 percent of any royalty, rental, or

advance royalty payment made to the United States to maintain

any mineral, oil, gas, or geothermal lease in the State of Alaska

issued under the laws referred to in paragraph (1).

(b) VALUE OF CREDITS.—The total amount of credits provided

under subsection (a) shall be considered equal to the fair market

value of the covered land.

(c) ACCEPTANCE OF CREDITS.—

(1) IN GENERAL.—The Secretary of the Interior shall accept

credits provided under subsection (a) in the same manner as

cash for the payments described under subsection (a).

(2) USE OF CREDITS.—The use of the credits shall be subject

to the laws (including regulations) governing such payments,

to the extent the laws are consistent with this section.

(d) TREATMENT OF CREDITS FOR DISTRIBUTION TO STATES.—

All credits accepted by the Secretary of the Interior under subsection

(c) for the payments described in subsection (a) shall be considered

to be money received for the purpose of section 35 of the Mineral

PUBLIC LAW 106–429—APPENDIX A–1 114 STAT. 1900A–73

Leasing Act (30 U.S.C. 191) and section 20 of the Geothermal

Steam Act of 1970 (30 U.S.C. 1019).

(e) EXCHANGE ACCOUNT.—

(1) ESTABLISHMENT.—Notwithstanding any other provision

of law, not later than 60 days after the date of enactment

of this Act, the Secretary of the Interior shall establish an

exchange account for the Tennessee Valley Authority for the

monetary credits provided under subsection (a).

(2) ADMINISTRATION.—The account shall—

(A) be established with the Minerals Management

Service of the Department of the Interior; and

(B) have an initial balance of credits equal to

$4,000,000.

(3) USE OF CREDITS.—

(A) IN GENERAL.—The credits shall be available to the

Tennessee Valley Authority for the purposes described in

subsection (a).

(B) ADJUSTMENT OF BALANCE.—The Secretary of the

Interior shall adjust the balance of credits in the account

to reflect credits accepted by the Secretary of the Interior

under subsection (c).

(f) TRANSFER OR SALE OF CREDITS.—

(1) IN GENERAL.—The Tennessee Valley Authority may

transfer or sell any credits in the account of the Authority

to another person or entity.

(2) USE OF TRANSFERRED CREDITS.—Credits transferred or

sold under paragraph (1) may be used in accordance with

this subsection only by a person or entity that is qualified

to bid on, or that holds, a mineral, oil, or gas lease under—

(A) the Mineral Leasing Act (30 U.S.C. 181 et seq.);

(B) the Outer Continental Shelf Lands Act (43 U.S.C.

1331 et seq.); or

(C) the Geothermal Steam Act of 1970 (30 U.S.C. 1001

et seq.).

(3) NOTIFICATION.—

(A) IN GENERAL.—Not later than 30 days after the

transfer or sale of any credits, the Tennessee Valley Authority shall notify the Secretary of the Interior of the transfer

or sale.

(B) VALIDITY OF TRANSFER OR SALE.—The transfer or

sale of any credit shall not be valid until the Secretary

of the Interior has received the notification required under

subparagraph (A).

(4) TIME LIMIT ON USE OF CREDITS.—

(A) IN GENERAL.—On the date that is 5 years after

the date on which an account is established for the Tennessee Valley Authority under subsection (e), the Secretary

of the Interior shall terminate the account.

(B) UNUSED CREDITS.—Any credits that originated in

the terminated account and have not been used as of the

termination date, including any credits transferred or sold

under this subsection, shall expire.

114 STAT. 1900A–74 PUBLIC LAW 106–429—APPENDIX A–1

SEC. 6. EXISTING AUTHORIZATIONS.

(a) IN GENERAL.—Nothing in this Act affects any valid existing

rights under any lease, permit, or other authorization by the Tennessee Valley Authority on covered land in effect before the date

of enactment of this Act.

(b) RENEWAL.—Renewal of any existing lease, permit, or other

authorization on covered land shall be at the discretion of the

Secretary on terms and conditions determined by the Secretary.

SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.

(a) DEFINITIONS.—In this section:

(1) ENVIRONMENTAL LAW.— (A) IN GENERAL.—The term ‘‘environmental law’’ means

all applicable Federal, State, and local laws (including regulations) and requirements related to protection of human

health, natural or cultural resources, or the environment.

(B) INCLUSIONS.—The term ‘‘environmental law’’

includes—

(i) the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.);

(ii) the Solid Waste Disposal Act (42 U.S.C. 6901

et seq.);

(iii) the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.);

(iv) the Clean Air Act (42 U.S.C. 7401 et seq.);

(v) the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. 136 et seq.);

(vi) the Toxic Substances Control Act (15 U.S.C.

2601 et seq.);

(vii) the Safe Drinking Water Act (42 U.S.C. 300f

et seq.);

(viii) the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.); and

(ix) the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.).

(2) HAZARDOUS SUBSTANCE, POLLUTANT OR CONTAMINANT,

RELEASE, AND RESPONSE ACTION.—The terms ‘‘hazardous substance’’, ‘‘pollutant or contaminant’’, ‘‘release’’, and ‘‘response

action’’ have the meanings given the terms in section 101

and other provisions of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.).

(b) DOCUMENTATION OF EXISTING CONDITIONS.—

(1) IN GENERAL.—Not later than 60 days after the date

of enactment of this Act, the Tennessee Valley Authority shall

provide the Secretary all documentation and information that

exists on the environmental condition of the land and waters

comprising the covered land.

(2) ADDITIONAL DOCUMENTATION.—The Tennessee Valley

Authority shall provide the Secretary with any additional documentation and information regarding the environmental condition of the covered land as such documentation and information

becomes available.

(c) ACTION REQUIRED.—

(1) ASSESSMENT.—Not later than 120 days after the date

of enactment of this Act, the Tennessee Valley Authority shall

PUBLIC LAW 106–429—APPENDIX A–1 114 STAT. 1900A–75

provide to the Secretary an assessment indicating what action,

if any, is required under any environmental law on covered

land.

(2) MEMORANDUM OF UNDERSTANDING.—If the assessment

concludes that action is required under any environmental law

with respect to any portion of the covered land, the Secretary

and the Tennessee Valley Authority shall enter into a memorandum of understanding that— (A) provides for the performance by the Tennessee

Valley Authority of the required actions identified in the

assessment; and

(B) includes a schedule providing for the prompt

completion of the required actions to the satisfaction of

the Secretary.

(d) DOCUMENTATION DEMONSTRATING ACTION.—The Tennessee

Valley Authority shall provide the Secretary with documentation

demonstrating that all actions required under any environmental

law have been taken, including all response actions that are necessary to protect human health and the environment with respect

to any hazardous substance, pollutant or contaminant, hazardous

waste, hazardous material, or petroleum product or derivative of

a petroleum product on covered land.

(e) CONTINUATION OF RESPONSIBILITIES AND LIABILITIES.—

(1) IN GENERAL.—The transfer of covered land under this

Act, and the requirements of this section, shall not affect the

responsibilities and liabilities of the Tennessee Valley Authority

under any environmental law.

(2) ACCESS.—The Tennessee Valley Authority shall have

access to the property that may be reasonably required to

carry out a responsibility or satisfy a liability referred to in

paragraph (1).

(3) ADDITIONAL TERMS AND CONDITIONS.—The Secretary

may require such additional terms and conditions in connection

with the transfer of covered land under this Act as the Secretary

considers to be appropriate to protect the interest of the United

States concerning the continuation of any responsibilities and

liabilities under any environmental law.

(4) NO EFFECT ON RESPONSIBILITIES OR LIABILITIES.—Nothing in this Act affects, directly or indirectly, the responsibilities

or liabilities under any environmental law of any person with

respect to the Secretary.

(f) OTHER FEDERAL AGENCIES.—Subject to the other provisions

of this section, a Federal agency that carried or carries out operations on covered land resulting in the release or threatened release

of a hazardous substance, pollutant or contaminant, hazardous

waste, hazardous material, or petroleum product or derivative of

a petroleum product for which that agency would be liable under

any environmental law shall pay—

(1) the costs of related response actions; and

(2) the costs of related actions to remediate petroleum

products or their derivatives.