I

106TH CONGRESS

2D SESSION H. R. 5526

Making appropriations for foreign operations, export financing, and related

programs for the fiscal year ending September 30, 2001, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 24, 2000

Mr. CALLAHAN introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

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

September 30, 2001, and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2001, and for other pur6 poses, namely:
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1 TITLE I—EXPORT AND INVESTMENT ASSISTANCE

2 EXPORT-IMPORT BANK OF THE UNITED STATES

3 The Export-Import Bank of the United States is au4 thorized to make such expenditures within the limits of

5 funds and borrowing authority available to such corpora6 tion, and in accordance with law, and to make such con7 tracts and commitments without regard to fiscal year limi8 tations, as provided by section 104 of the Government Cor9 poration Control Act, as may be necessary in carrying out

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

11 Provided, That none of the funds available during the cur12 rent fiscal year may be used to make expenditures, con13 tracts, or commitments for the export of nuclear equipment,

14 fuel, or technology to any country other than a nuclear15 weapon state as defined in Article IX of the Treaty on the

16 Non-Proliferation of Nuclear Weapons eligible to receive

17 economic or military assistance under this Act that has det18 onated a nuclear explosive after the date of the enactment

19 of this Act.

20 SUBSIDY APPROPRIATION

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

22 and tied-aid grants as authorized by section 10 of the Ex23 port-Import Bank Act of 1945, as amended, $865,000,000

24 to remain available until September 30, 2004: Provided,

25 That such costs, including the cost of modifying such loans,

26 shall be as defined in section 502 of the Congressional Budg-
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1 et Act of 1974: Provided further, That such sums shall re2 main available until September 30, 2019 for the disburse3 ment of direct loans, loan guarantees, insurance and tied4 aid grants obligated in fiscal years 2001, 2002, 2003, and

5 2004: Provided further, That none of the funds appro6 priated by this Act or any prior Act appropriating funds

7 for foreign operations, export financing, or related pro8 grams for tied-aid credits or grants may be used for any

9 other purpose except through the regular notification proce10 dures of the Committees on Appropriations: Provided fur11 ther, That funds appropriated by this paragraph are made

12 available notwithstanding section 2(b)(2) of the Export Im13 port Bank Act of 1945, in connection with the purchase

14 or lease of any product by any East European country,

15 any Baltic State or any agency or national thereof.

16 ADMINISTRATIVE EXPENSES

17 For administrative expenses to carry out the direct

18 and guaranteed loan and insurance programs, including

19 hire of passenger motor vehicles and services as authorized

20 by 5 U.S.C. 3109, and not to exceed $30,000 for official

21 reception and representation expenses for members of the

22 Board of Directors, $62,000,000: Provided, That necessary

23 expenses (including special services performed on a contract

24 or fee basis, but not including other personal services) in

25 connection with the collection of moneys owed the Export26 Import Bank, repossession or sale of pledged collateral or
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1 other assets acquired by the Export-Import Bank in satis2 faction of moneys owed the Export-Import Bank, or the in3 vestigation or appraisal of any property, or the evaluation

4 of the legal or technical aspects of any transaction for which

5 an application for a loan, guarantee or insurance commit6 ment has been made, shall be considered nonadministrative

7 expenses for the purposes of this heading: Provided further,

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

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

10 shall remain in effect until October 1, 2001.

11 OVERSEAS PRIVATE INVESTMENT CORPORATION

12 NONCREDIT ACCOUNT

13 The Overseas Private Investment Corporation is au14 thorized to make, without regard to fiscal year limitations,

15 as provided by 31 U.S.C. 9104, such expenditures and com16 mitments within the limits of funds available to it and in

17 accordance with law as may be necessary: Provided, That

18 the amount available for administrative expenses to carry

19 out the credit and insurance programs (including an

20 amount for official reception and representation expenses

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

22 $38,000,000: Provided further, That project-specific trans23 action costs, including direct and indirect costs incurred

24 in claims settlements, and other direct costs associated with

25 services provided to specific investors or potential investors

26 pursuant to section 234 of the Foreign Assistance Act of
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1 1961, shall not be considered administrative expenses for

2 the purposes of this heading.

3 PROGRAM ACCOUNT

4 For the cost of direct and guaranteed loans,

5 $24,000,000, as authorized by section 234 of the Foreign

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

7 Overseas Private Investment Corporation noncredit ac8 count: Provided, That such costs, including the cost of modi9 fying such loans, shall be as defined in section 502 of the

10 Congressional Budget Act of 1974: Provided further, That

11 such sums shall be available for direct loan obligations and

12 loan guaranty commitments incurred or made during fiscal

13 years 2001 and 2002: Provided further, That such sums

14 shall remain available through fiscal year 2010 for the dis15 bursement of direct and guaranteed loans obligated in fiscal

16 years 2001 and 2002: Provided further, That in addition,

17 such sums as may be necessary for administrative expenses

18 to carry out the credit program may be derived from

19 amounts available for administrative expenses to carry out

20 the credit and insurance programs in the Overseas Private

21 Investment Corporation Noncredit Account and merged

22 with said account.
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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 TRADE AND DEVELOPMENT AGENCY

3 For necessary expenses to carry out the provisions of

4 section 661 of the Foreign Assistance Act of 1961,

5 $50,000,000, to remain available until September 30, 2002.

6 TITLE II—BILATERAL ECONOMIC ASSISTANCE

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 For expenses necessary to enable the President to carry

9 out the provisions of the Foreign Assistance Act of 1961,

10 and for other purposes, to remain available until September

11 30, 2001, unless otherwise specified herein, as follows:

12 AGENCY FOR INTERNATIONAL DEVELOPMENT

13 CHILD SURVIVAL AND DISEASE PROGRAMS FUND

14 For necessary expenses to carry out the provisions of

15 chapters 1 and 10 of part I of the Foreign Assistance Act

16 of 1961, for child survival, basic education, assistance to

17 combat tropical and other infectious diseases, and related

18 activities, in addition to funds otherwise available for such

19 purposes, $963,000,000, to remain available until expended:

20 Provided, That this amount shall be made available for such

21 activities as: (1) immunization programs; (2) oral rehydra22 tion programs; (3) health and nutrition programs, and re23 lated education programs, which address the needs of moth24 ers and children; (4) water and sanitation programs; (5)

25 assistance for displaced and orphaned children; (6) pro26 grams for the prevention, treatment, and control of, and
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1 research on, tuberculosis, HIV/AIDS, polio, malaria and

2 other infectious diseases; and (7) basic education programs

3 for children: Provided further, That none of the funds ap4 propriated under this heading may be made available for

5 nonproject assistance, except that funds may be made avail6 able for such assistance for basic education and ongoing

7 health programs: Provided further, That of the funds appro8 priated under this heading, not to exceed $125,000, in addi9 tion to funds otherwise available for such purposes, may

10 be used to monitor and provide oversight of child survival,

11 maternal health, and infectious disease programs: Provided

12 further, That the following amounts should be allocated as

13 follows: $295,000,000 for child survival and maternal

14 health; $30,000,000 for vulnerable children; $300,000,000

15 for HIV/AIDS; $125,000,000 for other infectious diseases;

16 $103,000,000 for children’s basic education; and

17 $110,000,000 for UNICEF: Provided further, That of the

18 funds appropriated under this heading, up to $50,000,000

19 may be made available for a United States contribution to

20 the Global Fund for Children’s Vaccines, up to $10,000,000

21 may be made available for the International AIDS Vaccine

22 Initiative, and up to $20,000,000 may be made available

23 for a United States contribution to an international HIV/

24 AIDS fund as authorized by subtitle B, title I of Public
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1 Law 106–264, or a comparable international HIV/AIDS

2 fund.

3 DEVELOPMENT ASSISTANCE

4 For necessary expenses to carry out the provisions of

5 sections 103 through 106, and chapter 10 of part I of the

6 Foreign Assistance Act of 1961, title V of the International

7 Security and Development Cooperation Act of 1980 (Public

8 Law 96–533) and the provisions of section 401 of the For9 eign Assistance Act of 1969, $1,305,000,000, to remain

10 available until September 30, 2002: Provided, That of the

11 amount appropriated under this heading, up to

12 $12,000,000 may be made available for and apportioned

13 directly to the Inter-American Foundation: Provided fur14 ther, That of the amount appropriated under this heading,

15 up to $16,000,000 may be made available for the African

16 Development Foundation and shall be apportioned directly

17 to that agency: Provided further, That none of the funds

18 made available in this Act nor any unobligated balances

19 from prior appropriations may be made available to any

20 organization or program which, as determined by the Presi21 dent of the United States, supports or participates in the

22 management of a program of coercive abortion or involun23 tary sterilization: Provided further, That none of the funds

24 made available under this heading may be used to pay for

25 the performance of abortion as a method of family planning

26 or to motivate or coerce any person to practice abortions;
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1 and that in order to reduce reliance on abortion in devel2 oping nations, funds shall be available only to voluntary

3 family planning projects which offer, either directly or

4 through referral to, or information about access to, a broad

5 range of family planning methods and services, and that

6 any such voluntary family planning project shall meet the

7 following requirements: (1) service providers or referral

8 agents in the project shall not implement or be subject to

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

10 number of family planning acceptors, or acceptors of a par11 ticular method of family planning (this provision shall not

12 be construed to include the use of quantitative estimates or

13 indicators for budgeting and planning purposes); (2) the

14 project shall not include payment of incentives, bribes, gra15 tuities, or financial reward to: (A) an individual in ex16 change for becoming a family planning acceptor; or (B)

17 program personnel for achieving a numerical target or

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

19 acceptors, or acceptors of a particular method of family

20 planning; (3) the project shall not deny any right or benefit,

21 including the right of access to participate in any program

22 of general welfare or the right of access to health care, as

23 a consequence of any individual’s decision not to accept

24 family planning services; (4) the project shall provide fam25 ily planning acceptors comprehensible information on the
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1 health benefits and risks of the method chosen, including

2 those conditions that might render the use of the method

3 inadvisable and those adverse side effects known to be con4 sequent to the use of the method; and (5) the project shall

5 ensure that experimental contraceptive drugs and devices

6 and medical procedures are provided only in the context

7 of a scientific study in which participants are advised of

8 potential risks and benefits; and, not less than 60 days after

9 the date on which the Administrator of the United States

10 Agency for International Development determines that there

11 has been a violation of the requirements contained in para12 graph (1), (2), (3), or (5) of this proviso, or a pattern or

13 practice of violations of the requirements contained in para14 graph (4) of this proviso, the Administrator shall submit

15 to the Committee on International Relations and the Com16 mittee on Appropriations of the House of Representatives

17 and to the Committee on Foreign Relations and the Com18 mittee on Appropriations of the Senate, a report containing

19 a description of such violation and the corrective action

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

21 grants for natural family planning under section 104 of

22 the Foreign Assistance Act of 1961 no applicant shall be

23 discriminated against because of such applicant’s religious

24 or conscientious commitment to offer only natural family

25 planning; and, additionally, all such applicants shall com-
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1 ply with the requirements of the previous proviso: Provided

2 further, That for purposes of this or any other Act author3 izing or appropriating funds for foreign operations, export

4 financing, and related programs, the term ‘‘motivate’’, as

5 it relates to family planning assistance, shall not be con6 strued to prohibit the provision, consistent with local law,

7 of information or counseling about all pregnancy options:

8 Provided further, That nothing in this paragraph shall be

9 construed to alter any existing statutory prohibitions

10 against abortion under section 104 of the Foreign Assist11 ance Act of 1961: Provided further, That none of the funds

12 appropriated under this heading may be made available for

13 any activity which is in contravention to the Convention

14 on International Trade in Endangered Species of Flora and

15 Fauna (CITES): Provided further, That of the funds appro16 priated under this heading that are made available for as17 sistance programs for displaced and orphaned children and

18 victims of war, not to exceed $25,000, in addition to funds

19 otherwise available for such purposes, may be used to mon20 itor and provide oversight of such programs: Provided fur21 ther, That of the aggregate amount of the funds appro22 priated by this Act to carry out part I of the Foreign Assist23 ance Act of 1961 and the Support for East European De24 mocracy (SEED) Act of 1989, not less than $310,000,000

25 should be made available for agriculture and rural develop-
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1 ment programs of which $30,000,000 should be made avail2 able for plant biotechnology research and development: Pro3 vided further, That not less than $2,300,000 should be made

4 available for core support for the International Fertilizer

5 Development Center: Provided further, That of the funds

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

7 shall be made available to AmeriCares for the construction,

8 rehabilitation, and operation of community-based primary

9 healthcare facilities in Nicaragua, Honduras, Guatemala,

10 and El Salvador: Provided further, That of the funds ap11 propriated under this heading, not less than $500,000

12 should be made available for support of the United States

13 Telecommunications Training Institute: Provided further,

14 That of the funds appropriated under this heading, not less

15 than $17,000,000 should be made available for the Amer16 ican Schools and Hospitals Abroad program: Provided fur17 ther, That of the funds appropriated under this heading,

18 not less than $2,000,000 should be available to support an

19 international media training center.

20 CYPRUS

21 Of the funds appropriated under the headings ‘‘Devel22 opment Assistance’’ and ‘‘Economic Support Fund’’, not

23 less than $15,000,000 shall be made available for Cyprus

24 to be used only for scholarships, administrative support of

25 the scholarship program, bicommunal projects, and meas26 ures aimed at reunification of the island and designed to
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1 reduce tensions and promote peace and cooperation between

2 the two communities on Cyprus.

3 LEBANON

4 Of the funds appropriated under the headings ‘‘Devel5 opment Assistance’’ and ‘‘Economic Support Fund’’, not

6 less than $35,000,000 shall be made available for Lebanon

7 to be used, among other programs, for scholarships and di8 rect support of the American educational institutions in

9 Lebanon.

10 BURMA

11 Of the funds appropriated under the headings ‘‘Eco12 nomic Support Fund’’ and ‘‘Development Assistance’’, not

13 less than $6,500,000 shall be made available to support de14 mocracy activities in Burma, democracy and humani15 tarian activities along the Burma-Thailand border, and for

16 Burmese student groups and other organizations located

17 outside Burma: Provided, That funds made available for

18 Burma-related activities under this heading may be made

19 available notwithstanding any other provision of law: Pro20 vided further, That the provision of such funds shall be

21 made available subject to the regular notification proce22 dures of the Committees on Appropriations.

23 CONSERVATION FUND

24 Of the funds made available under the headings ‘‘De25 velopment Assistance’’ and ‘‘Economic Support Fund’’, not

26 less than $4,000,000 should be made available to support
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1 the preservation of habitats and related activities for endan2 gered wildlife.

3 PRIVATE AND VOLUNTARY ORGANIZATIONS

4 None of the funds appropriated or otherwise made

5 available by this Act for development assistance may be

6 made available to any United States private and voluntary

7 organization, except any cooperative development organiza8 tion, which obtains less than 20 percent of its total annual

9 funding for international activities from sources other than

10 the United States Government: Provided, That the Adminis11 trator of the Agency for International Development, after

12 informing the Committees on Appropriations, may, on a

13 case-by-case basis, waive the restriction contained in this

14 paragraph, after taking into account the effectiveness of the

15 overseas development activities of the organization, its level

16 of volunteer support, its financial viability and stability,

17 and the degree of its dependence for its financial support

18 on the agency.

19 Funds appropriated or otherwise made available

20 under title II of this Act should be made available to private

21 and voluntary organizations at a level which is at least

22 equivalent to the level provided in fiscal year 1995.

23 INTERNATIONAL DISASTER ASSISTANCE

24 For necessary expenses for international disaster relief,

25 rehabilitation, and reconstruction assistance pursuant to
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1 section 491 of the Foreign Assistance Act of 1961, as amend2 ed, $165,000,000, to remain available until expended.

3 TRANSITION INITIATIVES

4 For necessary expenses for international disaster reha5 bilitation and reconstruction assistance pursuant to section

6 491 of the Foreign Assistance Act of 1961, $50,000,000, to

7 remain available until expended, to support transition to

8 democracy and to long-term development of countries in cri9 sis: Provided, That such support may include assistance to

10 develop, strengthen, or preserve democratic institutions and

11 processes, revitalize basic infrastructure, and foster the

12 peaceful resolution of conflict: Provided further, That the

13 United States Agency for International Development shall

14 submit a report to the Committees on Appropriations at

15 least 5 days prior to beginning a new program of assist16 ance.

17 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

18 ACCOUNT

19 For the cost of direct loans and loan guarantees,

20 $1,500,000, as authorized by section 108 of the Foreign As21 sistance Act of 1961: Provided, That such costs shall be as

22 defined in section 502 of the Congressional Budget Act of

23 1974: Provided further, That guarantees of loans made

24 under this heading in support of microenterprise activities

25 may guarantee up to 70 percent of the principal amount

26 of any such loans notwithstanding section 108 of the For-
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1 eign Assistance Act of 1961. In addition, for administrative

2 expenses to carry out programs under this heading,

3 $500,000, all of which may be transferred to and merged

4 with the appropriation for Operating Expenses of the Agen5 cy for International Development: Provided further, That

6 funds made available under this heading shall remain

7 available until September 30, 2002.

8 DEVELOPMENT CREDIT PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the cost of direct loans and loan guarantees,

11 $1,500,000, as authorized by section 635 of the Foreign As12 sistance Act of 1961: Provided, That such funds shall be

13 made available only for urban and environmental pro14 grams: Provided further, That for the cost of direct loans

15 and loan guarantees, up to $5,000,000 of funds appro16 priated by this Act under the heading ‘‘Development Assist17 ance’’, may be transferred to and merged with funds appro18 priated under this heading to be made available for the pur19 poses of part I of the Foreign Assistance Act of 1961: Pro20 vided further, That such costs shall be as defined in section

21 502 of the Congressional Budget Act of 1974: Provided fur22 ther, That the provisions of section 107A(d) (relating to

23 general provisions applicable to the Development Credit Au24 thority) of the Foreign Assistance Act of 1961, as contained

25 in section 306 of H.R. 1486 as reported by the House Com26 mittee on International Relations on May 9, 1997, shall
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1 be applicable to direct loans and loan guarantees provided

2 under this heading. In addition, for administrative ex3 penses to carry out credit programs administered by the

4 Agency for International Development, $4,000,000, all of

5 which may be transferred to and merged with the appro6 priation for Operating Expenses of the Agency for Inter7 national Development: Provided further, That funds appro8 priated under this heading shall remain available until

9 September 30, 2002.

10 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

11 DISABILITY FUND

12 For payment to the ‘‘Foreign Service Retirement and

13 Disability Fund’’, as authorized by the Foreign Service Act

14 of 1980, $44,489,000.

15 OPERATING EXPENSES OF THE AGENCY FOR

16 INTERNATIONAL DEVELOPMENT

17 For necessary expenses to carry out the provisions of

18 section 667, $520,000,000: Provided, That none of the funds

19 appropriated under this heading may be made available to

20 finance the construction (including architect and engineer21 ing services), purchase, or long term lease of offices for use

22 by the Agency for International Development, unless the

23 Administrator has identified such proposed construction

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

25 long term lease of offices in a report submitted to the Com26 mittees on Appropriations at least 15 days prior to the obli-
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1 gation of these funds for such purposes: Provided further,

2 That the previous proviso shall not apply where the total

3 cost of construction (including architect and engineering

4 services), purchase, or long term lease of offices does not ex5 ceed $1,000,000.

6 OPERATING EXPENSES OF THE AGENCY FOR INTER7 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR GEN8 ERAL

9 For necessary expenses to carry out the provisions of

10 section 667, $27,000,000, to remain available until Sep11 tember 30, 2002, which sum shall be available for the Office

12 of the Inspector General of the Agency for International De13 velopment.

14 OTHER BILATERAL ECONOMIC ASSISTANCE

15 ECONOMIC SUPPORT FUND

16 For necessary expenses to carry out the provisions of

17 chapter 4 of part II, $2,295,000,000, to remain available

18 until September 30, 2002: Provided, That of the funds ap19 propriated under this heading, not less than $840,000,000

20 shall be available only for Israel, which sum shall be avail21 able on a grant basis as a cash transfer and shall be dis22 bursed within 30 days of the enactment of this Act or by

23 October 31, 2000, whichever is later: Provided further, That

24 not less than $695,000,000 shall be available only for

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

26 of which sum cash transfer assistance shall be provided with
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1 the understanding that Egypt will undertake significant

2 economic reforms which are additional to those which were

3 undertaken in previous fiscal years, and of which not less

4 than $200,000,000 shall be provided as Commodity Import

5 Program assistance: Provided further, That in exercising

6 the authority to provide cash transfer assistance for Israel,

7 the President shall ensure that the level of such assistance

8 does not cause an adverse impact on the total level of non9 military exports from the United States to such country

10 and that Israel enters into a side letter agreement in an

11 amount proportional to the fiscal year 1999 agreement:

12 Provided further, That of the funds appropriated under this

13 heading, not less than $150,000,000 should be made avail14 able for assistance for Jordan: Provided further, That of the

15 funds appropriated under this heading, not less than

16 $25,000,000 shall be made available for assistance for East

17 Timor of which up to $1,000,000 may be transferred to and

18 merged with the appropriation for Operating Expenses of

19 the Agency for International Development: Provided fur20 ther, That of the funds appropriated under this heading,

21 in addition to funds otherwise made available for Indo22 nesia, not less than $5,000,000 should be made available

23 for economic rehabilitation and related activities in Aceh,

24 Indonesia: Provided further, That funds made available in

25 the previous proviso may be transferred to and merged with
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1 the appropriation for Transition Initiatives: Provided fur2 ther, That none of the funds appropriated under this head3 ing shall be obligated for regional or global programs, except

4 as provided through the regular notification procedures of

5 the Committees on Appropriations: Provided further, That

6 of the funds made available under this heading not less than

7 $12,000,000 should be made available for Mongolia: Pro8 vided further, That up to $10,000,000 of the funds appro9 priated under this heading may be used, notwithstanding

10 any other provision of law, to provide assistance to the Na11 tional Democratic Alliance of Sudan to strengthen its abil12 ity to protect civilians from attacks, slave raids, and aerial

13 bombardment by the Sudanese Government forces and its

14 militia allies, and the provision of such funds shall be sub15 ject to the regular notification procedures of the Committees

16 on Appropriations: Provided further, That in the previous

17 proviso, the term ‘‘assistance’’ includes non-lethal, non-food

18 aid such as blankets, medicine, fuel, mobile clinics, water

19 drilling equipment, communications equipment to notify

20 civilians of aerial bombardment, non-military vehicles,

21 tents, and shoes.

22 INTERNATIONAL FUND FOR IRELAND

23 For necessary expenses to carry out the provisions of

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

25 $25,000,000, which shall be available for the United States

26 contribution to the International Fund for Ireland and
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1 shall be made available in accordance with the provisions

2 of the Anglo-Irish Agreement Support Act of 1986 (Public

3 Law 99–415): Provided, That such amount shall be ex4 pended at the minimum rate necessary to make timely pay5 ment for projects and activities: Provided further, That

6 funds made available under this heading shall remain

7 available until September 30, 2002.

8 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

9 STATES

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

11 of the Foreign Assistance Act of 1961 and the Support for

12 East European Democracy (SEED) Act of 1989,

13 $600,000,000, to remain available until September 30,

14 2002, which shall be available, notwithstanding any other

15 provision of law, for assistance and for related programs

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

17 of the funds appropriated under this heading not less than

18 $5,000,000 shall be made available for assistance for the

19 Baltic States: Provided further, That funds made available

20 for assistance for Kosova from funds appropriated under

21 this heading and under the headings ‘‘Economic Support

22 Fund’’ and ‘‘International Narcotics Control and Law En23 forcement’’ shall not exceed 15 percent of the total resources

24 pledged by all donors for calendar year 2001 for assistance

25 for Kosova as of March 31, 2001: Provided further, That

26 of the funds made available under this heading for Kosova,
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1 not less than $1,300,000 should be made available to sup2 port the National Albanian American Council’s training

3 program for Kosovar women: Provided further, That none

4 of the funds made available under this Act for assistance

5 for Kosova shall be made available for large scale physical

6 infrastructure reconstruction: Provided further, That of the

7 funds made available under this heading and the headings

8 ‘‘International Narcotics Control and Law Enforcement’’

9 and ‘‘Economic Support Fund’’, not to exceed $80,000,000

10 shall be made available for Bosnia and Herzegovina.

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

12 appropriations Acts that are or have been made available

13 for an Enterprise Fund may be deposited by such Fund

14 in interest-bearing accounts prior to the Fund’s disburse15 ment of such funds for program purposes. The Fund may

16 retain for such program purposes any interest earned on

17 such deposits without returning such interest to the Treas18 ury of the United States and without further appropriation

19 by the Congress. Funds made available for Enterprise

20 Funds shall be expended at the minimum rate necessary

21 to make timely payment for projects and activities.

22 (c) Funds appropriated under this heading shall be

23 considered to be economic assistance under the Foreign As24 sistance Act of 1961 for purposes of making available the
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1 administrative authorities contained in that Act for the use

2 of economic assistance.

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

4 may be made available for new housing construction or re5 pair or reconstruction of existing housing in Bosnia and

6 Herzegovina unless directly related to the efforts of United

7 States troops to promote peace in said country.

8 (e) With regard to funds appropriated under this head9 ing for the economic revitalization program in Bosnia and

10 Herzegovina, and local currencies generated by such funds

11 (including the conversion of funds appropriated under this

12 heading into currency used by Bosnia and Herzegovina as

13 local currency and local currency returned or repaid under

14 such program) the Administrator of the Agency for Inter15 national Development shall provide written approval for

16 grants and loans prior to the obligation and expenditure

17 of funds for such purposes, and prior to the use of funds

18 that have been returned or repaid to any lending facility

19 or grantee.

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

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

22 appropriated under this heading: Provided, That notwith23 standing any provision of this or any other Act, including

24 provisions in this subsection regarding the application of

25 section 532 of this Act, local currencies generated by, or con-
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1 verted from, funds appropriated by this Act and by previous

2 appropriations Acts and made available for the economic

3 revitalization program in Bosnia may be used in Eastern

4 Europe and the Baltic States to carry out the provisions

5 of the Foreign Assistance Act of 1961 and the Support for

6 East European Democracy (SEED) Act of 1989.

7 (g) The President is authorized to withhold funds ap8 propriated under this heading made available for economic

9 revitalization programs in Bosnia and Herzegovina, if he

10 determines and certifies to the Committees on Appropria11 tions that the Federation of Bosnia and Herzegovina has

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

13 Framework Agreement for Peace in Bosnia and

14 Herzegovina concerning the withdrawal of foreign forces,

15 and that intelligence cooperation on training, investiga16 tions, and related activities between Iranian officials and

17 Bosnian officials has not been terminated.

18 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

19 FORMER SOVIET UNION

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

21 of chapters 11 and 12 of part I of the Foreign Assistance

22 Act of 1961 and the FREEDOM Support Act, for assistance

23 for the Independent States of the former Soviet Union and

24 for related programs, $810,000,000, to remain available

25 until September 30, 2002: Provided, That the provisions of

26 such chapters shall apply to funds appropriated by this
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1 paragraph: Provided further, That of the funds made avail2 able for the Southern Caucasus region, notwithstanding any

3 other provision of law, 15 percent may be used for con4 fidence-building measures and other activities in further5 ance of the peaceful resolution of the regional conflicts, espe6 cially those in the vicinity of Abkhazia and Nagorno7 Karabagh: Provided further, That of the amounts appro8 priated under this heading not less than $20,000,000 shall

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

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

11 not less than $1,500,000 should be available only to meet

12 the health and other assistance needs of victims of traf13 ficking in persons.

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

15 less than $170,000,000 should be made available for assist16 ance for Ukraine: Provided, That of this amount, not less

17 than $25,000,000 should be made available for nuclear reac18 tor safety initiatives, and not less than $5,000,000 should

19 be made available for the Ukranian Land and Resource

20 Management Center.

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

22 less than $92,000,000 shall be made available for assistance

23 for Georgia of which not less than $25,000,000 should be

24 made available to support Border Security Guard and ex25 port control initiatives.
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1 (d) Of the funds appropriated under this heading, not

2 less than $90,000,000 shall be made available for assistance

3 for Armenia.

4 (e) Section 907 of the FREEDOM Support Act shall

5 not apply to—

6 (1) activities to support democracy or assistance

7 under title V of the FREEDOM Support Act and sec8 tion 1424 of Public Law 104–201;

9 (2) any assistance provided by the Trade and

10 Development Agency under section 661 of the Foreign

11 Assistance Act of 1961 (22 U.S.C. 2421);

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

13 United States and Foreign Commercial Service while

14 acting within his or her official capacity;

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

16 other assistance provided by the Overseas Private In17 vestment Corporation under title IV of chapter 2 of

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

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

20 (5) any financing provided under the Export21 Import Bank Act of 1945; or

22 (6) humanitarian assistance.

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

24 under this heading may be made available for assistance

25 for any country in the region. Activities authorized under
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1 title V (nonproliferation and disarmament programs and

2 activities) of the FREEDOM Support Act shall not be

3 counted against the 25 percent limitation.

4 (g) Of the funds made available under this heading

5 for nuclear safety activities, not to exceed 8 percent of the

6 funds provided for any single project may be used to pay

7 for management costs incurred by a United States agency

8 or national lab in administering said project.

9 (h)(1) Of the funds appropriated under this heading

10 that are allocated for assistance for the Government of the

11 Russian Federation, 60 percent shall be withheld from obli12 gation until the President determines and certifies in writ13 ing to the Committees on Appropriations that the Govern14 ment of the Russian Federation:

15 (A) has terminated implementation of arrange16 ments to provide Iran with technical expertise, train17 ing, technology, or equipment necessary to develop a

18 nuclear reactor, related nuclear research facilities or

19 programs, or ballistic missile capability;

20 (B) is cooperating with international efforts to

21 investigate allegations of war crimes and atrocities in

22 Chechnya;

23 (C) is providing full access to international non24 government organizations providing humanitarian
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1 relief to refugees and internally displaced persons in

2 Chechnya; and

3 (D) is in compliance with article V of the Treaty

4 on Conventional Armed Forces in Europe regarding

5 forces deployed in the flank zone in and around

6 Chechyna.

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

8 (A) assistance to combat infectious diseases; and

9 (B) activities authorized under title V (Non10 proliferation and Disarmament Programs and Activi11 ties) of the FREEDOM Support Act.

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

13 assistance for Russia, and the heading ‘‘Migration and Ref14 ugee Assistance’’, not less than $10,000,000 shall be made

15 available to non-government organizations providing hu16 manitarian relief in Chechyna and Ingushetia.

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

18 less than $45,000,000 shall be made available, in addition

19 to funds otherwise available for such purposes, for assist20 ance for child survival, environmental health, and to com21 bat infectious diseases, and for related activities.

22 INDEPENDENT AGENCY

23 PEACE CORPS

24 For necessary expenses to carry out the provisions of

25 the Peace Corps Act (75 Stat. 612), $265,000,000, including
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1 the purchase of not to exceed five passenger motor vehicles

2 for administrative purposes for use outside of the United

3 States: Provided, That none of the funds appropriated

4 under this heading shall be used to pay for abortions: Pro5 vided further, That funds appropriated under this heading

6 shall remain available until September 30, 2002.

7 DEPARTMENT OF STATE

8 INTERNATIONAL NARCOTICS CONTROL AND LAW

9 ENFORCEMENT

10 For necessary expenses to carry out section 481 of the

11 Foreign Assistance Act of 1961, $325,000,000, to remain

12 available until expended: Provided, That any funds made

13 available under this heading for anti-crime programs and

14 activities shall be made available subject to the regular noti15 fication procedures of the Committees on Appropriations:

16 Provided further, That during fiscal year 2001, the Depart17 ment of State may also use the authority of section 608

18 of the Foreign Assistance Act of 1961, without regard to

19 its restrictions, to receive excess property from an agency

20 of the United States Government for the purpose of pro21 viding it to a foreign country under chapter 8 of part I

22 of that Act subject to the regular notification procedures of

23 the Committees on Appropriations.

24 MIGRATION AND REFUGEE ASSISTANCE

25 For expenses, not otherwise provided for, necessary to

26 enable the Secretary of State to provide, as authorized by
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1 law, a contribution to the International Committee of the

2 Red Cross, assistance to refugees, including contributions

3 to the International Organization for Migration and the

4 United Nations High Commissioner for Refugees, and other

5 activities to meet refugee and migration needs; salaries and

6 expenses of personnel and dependents as authorized by the

7 Foreign Service Act of 1980; allowances as authorized by

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

9 purchase and hire of passenger motor vehicles; and services

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

11 $700,000,000, which shall remain available until expended:

12 Provided, That not more than $14,500,000 shall be avail13 able for administrative expenses: Provided further, That

14 funds appropriated under this heading to support activities

15 and programs conducted by the United Nations High Com16 missioner for Refugees shall be made available after report17 ing at least 5 days in advance to the Committees on Appro18 priations: Provided further, That the reporting requirement

19 contained in the previous proviso may be waived for any

20 such obligation if failure to waive this requirement would

21 pose a substantial risk to human health or welfare: Provided

22 further, That in case of any such waiver, a report to the

23 Committees on Appropriations shall be provided as early

24 as practicable, but in no event later than 5 days after such

25 obligation: Provided further, That not less than $60,000,000
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1 of the funds made available under this heading shall be

2 made available for refugees from the former Soviet Union

3 and Eastern Europe and other refugees resettling in Israel.

4 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

5 ASSISTANCE FUND

6 For necessary expenses to carry out the provisions of

7 section 2(c) of the Migration and Refugee Assistance Act

8 of 1962, as amended (22 U.S.C. 260(c)), $15,000,000, to

9 remain available until expended: Provided, That the funds

10 made available under this heading are appropriated not11 withstanding the provisions contained in section 2(c)(2) of

12 the Act which would limit the amount of funds which could

13 be appropriated for this purpose.

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For necessary expenses for nonproliferation, anti-ter17 rorism and related programs and activities, $311,600,000,

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

19 Foreign Assistance Act of 1961 for anti-terrorism assist20 ance, section 504 of the FREEDOM Support Act, section

21 23 of the Arms Export Control Act or the Foreign Assist22 ance Act of 1961 for demining activities, the clearance of

23 unexploded ordnance, the destruction of small arms, and

24 related activities, notwithstanding any other provision of

25 law, including activities implemented through nongovern26 mental and international organizations, section 301 of the
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1 Foreign Assistance Act of 1961 for a voluntary contribution

2 to the International Atomic Energy Agency (IAEA) and a

3 voluntary contribution to the Korean Peninsula Energy De4 velopment Organization (KEDO), and for a United States

5 contribution to the Comprehensive Nuclear Test Ban Treaty

6 Preparatory Commission: Provided, That the Secretary of

7 State shall inform the Committees on Appropriations at

8 least 20 days prior to the obligation of funds for the Com9 prehensive Nuclear Test Ban Treaty Preparatory Commis10 sion: Provided further, That of this amount not to exceed

11 $15,000,000, to remain available until expended, may be

12 made available for the Nonproliferation and Disarmament

13 Fund, notwithstanding any other provision of law, to pro14 mote bilateral and multilateral activities relating to non15 proliferation and disarmament: Provided further, That

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

17 the Independent States of the former Soviet Union and

18 international organizations when it is in the national secu19 rity interest of the United States to do so: Provided further,

20 That such funds shall be subject to the regular notification

21 procedures of the Committees on Appropriations: Provided

22 further, That funds appropriated under this heading may

23 be made available for the International Atomic Energy

24 Agency only if the Secretary of State determines (and so

25 reports to the Congress) that Israel is not being denied its
33

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1 right to participate in the activities of that Agency: Pro2 vided further, That of the funds appropriated under this

3 heading, $40,000,000 should be made available for

4 demining, clearance of unexploded ordnance, and related

5 activities: Provided further, That of the funds made avail6 able for demining and related activities, not to exceed

7 $500,000, in addition to funds otherwise available for such

8 purposes, may be used for administrative expenses related

9 to the operation and management of the demining program.

10 DEPARTMENT OF THE TREASURY

11 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

12 For necessary expenses to carry out the provisions of

13 section 129 of the Foreign Assistance Act of 1961 (relating

14 to international affairs technical assistance activities),

15 $6,000,000, to remain available until expended, which shall

16 be available nowithstanding any other provision of law.

17 DEBT RESTRUCTURING

18 For the cost, as defined in section 502 of the Congres19 sional Budget Act of 1974, of modifying loans and loan

20 guarantees, as the President may determine, for which

21 funds have been appropriated or otherwise made available

22 for programs within the International Affairs Budget Func23 tion 150, including the cost of selling, reducing, or canceling

24 amounts owed to the United States as a result of

25 concessional loans made to eligible countries, pursuant to

26 parts IV and V of the Foreign Assistance Act of 1961, and
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1 of modifying concessional credit agreements with least de2 veloped countries, as authorized under section 411 of the

3 Agricultural Trade Development and Assistance Act of

4 1954, as amended, and concessional loans, guarantees and

5 credit agreements, as authorized under section 572 of the

6 Foreign Operations, Export Financing, and Related Pro7 grams Appropriations Act, 1989 (Public Law 100–461),

8 and of canceling amounts owed, as a result of loans or guar9 antees made pursuant to the Export-Import Bank Act of

10 1945, by countries that are eligible for debt reduction pursu11 ant to title V of H.R. 3425 as enacted into law by section

12 1000(a)(5) of Public Law 106–113, $238,000,000, to re13 main available until expended: Provided, That of this

14 amount, not less than $13,000,000 shall be made available

15 to carry out the provisions of part V of the Foreign Assist16 ance Act of 1961: Provided further, That funds appro17 priated or otherwise made available under this heading in

18 this Act may be used by the Secretary of the Treasury to

19 pay to the Heavily Indebted Poor Countries (HIPC) Trust

20 Fund administered by the International Bank for Recon21 struction and Development amounts for the benefit of coun22 tries that are eligible for debt reduction pursuant to title

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

24 of Public Law 106–113: Provided further, That amounts
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1 paid to the HIPC Trust Fund may be used only to fund

2 debt reduction under the enhanced HIPC initiative by—

3 (1) the Inter-American Development Bank;

4 (2) the African Development Fund;

5 (3) the African Development Bank; and

6 (4) the Central American Bank for Economic In7 tegration:

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

9 Trust Fund for the benefit of any country if the Secretary

10 of State has credible evidence that the government of such

11 country is engaged in a consistent pattern of gross viola12 tions of internationally recognized human rights or in mili13 tary or civil conflict that undermines its ability to develop

14 and implement measures to alleviate poverty and to devote

15 adequate human and financial resources to that end: Pro16 vided further, That on the basis of final appropriations, the

17 Secretary of the Treasury shall consult with the Committees

18 on Appropriations concerning which countries and inter19 national financial institutions are expected to benefit from

20 a United States contribution to the HIPC Trust Fund dur21 ing the fiscal year: Provided further, That the Secretary of

22 the Treasury shall inform the Committees on Appropria23 tions not less than 15 days in advance of the signature of

24 an agreement by the United States to make payments to

25 the HIPC Trust Fund of amounts for such countries and
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1 institutions: Provided further, That the Secretary of the

2 Treasury may disburse funds designated for debt reduction

3 through the HIPC Trust Fund only for the benefit of coun4 tries that—

5 (a) have committed, for a period of 24 months,

6 not to accept new market-rate loans from the inter7 national financial institution receiving debt repay8 ment as a result of such disbursement, other than

9 loans made by such institution to export-oriented

10 commercial projects that generate foreign exchange

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

12 and

13 (b) have documented and demonstrated their

14 commitment to redirect their budgetary resources

15 from international debt repayments to programs to

16 alleviate poverty and promote economic growth that

17 are additional to or expand upon those previously

18 available for such purposes:

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

20 section 411 of the Agricultural Trade Development and As21 sistance Act of 1954 shall not apply to funds appropriated

22 under this heading: Provided further, That none of the

23 funds made available under this heading in this or any

24 other appropriations Acts shall be made available for

25 Sudan or Burma unless the Secretary of Treasury deter-
37

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1 mines and notifies the Committees on Appropriations that

2 a democratically elected government has taken office: Pro3 vided further, That the authority provided by section 572

4 of Public Law 100–461 may be exercised only with respect

5 to countries that are eligible to borrow from the Inter6 national Development Association, but not from the Inter7 national Bank for Reconstruction and Development, com8 monly referred to as ‘‘IDA-only’’ countries.

9 TITLE III—MILITARY ASSISTANCE

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL MILITARY EDUCATION AND TRAINING

12 For necessary expenses to carry out the provisions of

13 section 541 of the Foreign Assistance Act of 1961,

14 $55,000,000, of which up to $1,000,000 may remain avail15 able until expended: Provided, That the civilian personnel

16 for whom military education and training may be provided

17 under this heading may include civilians who are not mem18 bers of a government whose participation would contribute

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

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

21 That funds appropriated under this heading for grant fi22 nanced military education and training for Indonesia and

23 Guatemala may only be available for expanded inter24 national military education and training and funds made

25 available for Indonesia and Guatemala may only be pro-
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1 vided through the regular notification procedures of the

2 Committees on Appropriations.

3 FOREIGN MILITARY FINANCING PROGRAM

4 For expenses necessary for grants to enable the Presi5 dent to carry out the provisions of section 23 of the Arms

6 Export Control Act, $3,545,000,000: Provided, That of the

7 funds appropriated under this heading, not less than

8 $1,980,000,000 shall be available for grants only for Israel,

9 and not less than $1,300,000,000 shall be made available

10 for grants only for Egypt: Provided further, That the funds

11 appropriated by this paragraph for Israel shall be disbursed

12 within 30 days of the enactment of this Act or by October

13 31, 2000, whichever is later: Provided further, That to the

14 extent that the Government of Israel requests that funds be

15 used for such purposes, grants made available for Israel by

16 this paragraph shall, as agreed by Israel and the United

17 States, be available for advanced weapons systems, of which

18 not less than $520,000,000 shall be available for the pro19 curement in Israel of defense articles and defense services,

20 including research and development: Provided further, That

21 of the funds appropriated by this paragraph, not less than

22 $75,000,000 should be available for assistance for Jordan:

23 Provided further, That of the funds appropriated by this

24 paragraph, not less than $3,000,000 shall be made available

25 for assistance for Malta: Provided further, That of the funds

26 appropriated by this paragraph, not less than $8,500,000
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1 shall be made available for assistance for Tunisia: Provided

2 further, That during fiscal year 2001, the President is au3 thorized to, and shall, direct the draw-downs of defense arti4 cles from the stocks of the Department of Defense, defense

5 services of the Department of Defense, and military edu6 cation and training of an aggregate value of not less than

7 $5,000,000 under the authority of this proviso for Tunisia

8 for the purposes of part II of the Foreign Assistance Act

9 of 1961 and any amount so directed shall count toward

10 meeting the earmark in the preceding proviso: Provided fur11 ther, That of the funds appropriated by this paragraph, not

12 less than $8,000,000 shall be made available for Georgia:

13 Provided further, That during fiscal year 2001, the Presi14 dent is authorized to, and shall, direct the draw-downs of

15 defense articles from the stocks of the Department of De16 fense, defense services of the Department of Defense, and

17 military education and training of an aggregate value of

18 not less than $4,000,000 under the authority of this proviso

19 for Georgia for the purposes of part II of the Foreign Assist20 ance Act of 1961 and any amount so directed shall count

21 toward meeting the earmark in the preceding proviso: Pro22 vided further, That funds appropriated by this paragraph

23 shall be nonrepayable notwithstanding any requirement in

24 section 23 of the Arms Export Control Act: Provided fur25 ther, That funds made available under this paragraph shall
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1 be obligated upon apportionment in accordance with para2 graph (5)(C) of title 31, United States Code, section

3 1501(a).

4 None of the funds made available under this heading

5 shall be available to finance the procurement of defense arti6 cles, defense services, or design and construction services

7 that are not sold by the United States Government under

8 the Arms Export Control Act unless the foreign country pro9 posing to make such procurements has first signed an agree10 ment with the United States Government specifying the

11 conditions under which such procurements may be financed

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

13 level increases in allocations shall be submitted through the

14 regular notification procedures of section 515 of this Act:

15 Provided further, That none of the funds appropriated

16 under this heading shall be available for assistance for

17 Sudan and Liberia: Provided further, That funds made

18 available under this heading may be used, notwithstanding

19 any other provision of law, for demining, the clearance of

20 unexploded ordnance, and related activities, and may in21 clude activities implemented through nongovernmental and

22 international organizations: Provided further, That none of

23 the funds appropriated under this heading shall be avail24 able for assistance for Guatemala: Provided further, That

25 only those countries for which assistance was justified for
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1 the ‘‘Foreign Military Sales Financing Program’’ in the fis2 cal year 1989 congressional presentation for security assist3 ance programs may utilize funds made available under this

4 heading for procurement of defense articles, defense services

5 or design and construction services that are not sold by the

6 United States Government under the Arms Export Control

7 Act: Provided further, That funds appropriated under this

8 heading shall be expended at the minimum rate necessary

9 to make timely payment for defense articles and services:

10 Provided further, That not more than $33,000,000 of the

11 funds appropriated under this heading may be obligated

12 for necessary expenses, including the purchase of passenger

13 motor vehicles for replacement only for use outside of the

14 United States, for the general costs of administering mili15 tary assistance and sales: Provided further, That not more

16 than $340,000,000 of funds realized pursuant to section

17 21(e)(1)(A) of the Arms Export Control Act may be obli18 gated for expenses incurred by the Department of Defense

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

20 Arms Export Control Act, except that this limitation may

21 be exceeded only through the regular notification procedures

22 of the Committees on Appropriations: Provided further,

23 That foreign military financing program funds estimated

24 to be outlayed for Egypt during fiscal year 2001 shall be

25 transferred to an interest bearing account for Egypt in the
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1 Federal Reserve Bank of New York within 30 days of enact2 ment of this Act or by October 31, 2000, whichever is later:

3 Provided further, That the Committees on Appropriations

4 shall be informed at least 10 days prior to the obligation

5 of any interest accrued by the account established by the

6 previous proviso.

7 PEACEKEEPING OPERATIONS

8 For necessary expenses to carry out the provisions of

9 section 551 of the Foreign Assistance Act of 1961,

10 $127,000,000: Provided, That none of the funds appro11 priated under this heading shall be obligated or expended

12 except as provided through the regular notification proce13 dures of the Committees on Appropriations.

14 TITLE IV—MULTILATERAL ECONOMIC

15 ASSISTANCE

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 INTERNATIONAL FINANCIAL INSTITUTIONS

18 GLOBAL ENVIRONMENT FACILITY

19 For the United States contribution for the Global En20 vironment Facility, $108,000,000, to the International

21 Bank for Reconstruction and Development as trustee for the

22 Global Environment Facility, by the Secretary of the Treas23 ury, to remain available until expended.
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1 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

2 ASSOCIATION

3 For payment to the International Development Asso4 ciation by the Secretary of the Treasury, $775,000,000, to

5 remain available until expended: Provided: That the Sec6 retary of the Treasury shall: (1) accord high priority to en7 couraging the International Development Association to es8 tablish and implement a policy to provide new assistance

9 on grant terms to enhanced HIPC Initiative countries that

10 have reached the completion point; and (2) submit a report

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

12 of the Senate, and the Committees on Appropriations no

13 later than June 30, 2001, on the progress reached in achiev14 ing the objective set forth in clause (1): Provided further,

15 That in negotiating United States participation in the next

16 replenishment of the International Development Associa17 tion, the Secretary of the Treasury shall accord high pri18 ority to providing the International Development Associa19 tion with the policy flexibility to provide new grant assist20 ance to countries eligible for debt reduction under the en21 hanced HIPC Initiative.

22 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

23 GUARANTEE AGENCY

24 For payment to the Multilateral Investment Guarantee

25 Agency by the Secretary of the Treasury, $10,000,000, for
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1 the United States paid-in share of the increase in capital

2 stock, to remain available until expended.

3 LIMITATION ON CALLABLE CAPITAL

4 The United States Governor of the Multilateral Invest5 ment Guarantee Agency may subscribe without fiscal year

6 limitation for the callable capital portion of the United

7 States share of such capital stock in an amount not to ex8 ceed $50,000,000.

9 CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT

10 CORPORATION

11 For payment to the Inter-American Investment Cor12 poration, by the Secretary of the Treasury, $25,000,000, for

13 the United States share of the increase in subscriptions to

14 capital stock, to remain available until expended.

15 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

16 MULTILATERAL INVESTMENT FUND

17 For payment to the Enterprise for the Americas Multi18 lateral Investment Fund by the Secretary of the Treasury,

19 for the United States contribution to the fund, $10,000,000,

20 to remain available until expended.

21 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

22 For the United States contribution by the Secretary

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

24 Development Fund, as authorized by the Asian Develop25 ment Bank Act, as amended, $72,000,000, to remain avail26 able until expended.
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1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

2 For payment to the African Development Bank by the

3 Secretary of the Treasury, $6,100,000, for the United States

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

5 available until expended.

6 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

7 The United States Governor of the African Develop8 ment Bank may subscribe without fiscal year limitation for

9 the callable capital portion of the United States share of

10 such capital stock in an amount not to exceed $97,548,522.

11 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

12 For the United States contribution by the Secretary

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

14 Development Fund, $100,000,000, to remain available until

15 expended.

16 CONTRIBUTION TO THE EUROPEAN BANK FOR

17 RECONSTRUCTION AND DEVELOPMENT

18 For payment to the European Bank for Reconstruction

19 and Development by the Secretary of the Treasury,

20 $35,778,717, for the United States share of the paid-in por21 tion of the increase in capital stock, to remain available

22 until expended.

23 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

24 The United States Governor of the European Bank for

25 Reconstruction and Development may subscribe without fis26 cal year limitation to the callable capital portion of the
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1 United States share of such capital stock in an amount not

2 to exceed $123,237,803.

3 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

4 AGRICULTURAL DEVELOPMENT

5 For the United States contribution by the Secretary

6 of the Treasury to increase the resources of the International

7 Fund for Agricultural Development, $5,000,000, to remain

8 available until expended.

9 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

10 For necessary expenses to carry out the provisions of

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

12 section 2 of the United Nations Environment Program Par13 ticipation Act of 1973, $186,000,000: Provided, That none

14 of the funds appropriated under this heading shall be made

15 available for the United Nations Fund for Science and

16 Technology: Provided further, That not less than $5,000,000

17 should be made available to the World Food Program: Pro18 vided further, That none of the funds appropriated under

19 this heading may be made available to the Korean Penin20 sula Energy Development Organization (KEDO) or the

21 International Atomic Energy Agency (IAEA).

22 TITLE V—GENERAL PROVISIONS

23 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

24 SEC. 501. Except for the appropriations entitled

25 ‘‘International Disaster Assistance’’, and ‘‘United States
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1 Emergency Refugee and Migration Assistance Fund’’, not

2 more than 15 percent of any appropriation item made

3 available by this Act shall be obligated during the last

4 month of availability.

5 PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL

6 FINANCIAL INSTITUTIONS

7 SEC. 502. Notwithstanding section 614 of the Foreign

8 Assistance Act of 1961, none of the funds contained in title

9 II of this Act may be used to carry out the provisions of

10 section 209(d) of the Foreign Assistance Act of 1961: Pro11 vided, That none of the funds appropriated by title II of

12 this Act may be transferred by the Agency for International

13 Development directly to an international financial institu14 tion (as defined in section 533 of this Act) for the purpose

15 of repaying a foreign country’s loan obligations to such in16 stitution.

17 LIMITATION ON RESIDENCE EXPENSES

18 SEC. 503. Of the funds appropriated or made available

19 pursuant to this Act, not to exceed $126,500 shall be for

20 official residence expenses of the Agency for International

21 Development during the current fiscal year: Provided, That

22 appropriate steps shall be taken to assure that, to the max23 imum extent possible, United States-owned foreign cur24 rencies are utilized in lieu of dollars.
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1 LIMITATION ON EXPENSES

2 SEC. 504. Of the funds appropriated or made available

3 pursuant to this Act, not to exceed $5,000 shall be for enter4 tainment expenses of the Agency for International Develop5 ment during the current fiscal year.

6 LIMITATION ON REPRESENTATIONAL ALLOWANCES

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

8 pursuant to this Act, not to exceed $95,000 shall be avail9 able for representation allowances for the Agency for Inter10 national Development during the current fiscal year: Pro11 vided, That appropriate steps shall be taken to assure that,

12 to the maximum extent possible, United States-owned for13 eign currencies are utilized in lieu of dollars: Provided fur14 ther, That of the funds made available by this Act for gen15 eral costs of administering military assistance and sales

16 under the heading ‘‘Foreign Military Financing Program’’,

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

18 expenses and not to exceed $50,000 shall be available for

19 representation allowances: Provided further, That of the

20 funds made available by this Act under the heading ‘‘Inter21 national Military Education and Training’’, not to exceed

22 $50,000 shall be available for entertainment allowances:

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

24 Act for the Inter-American Foundation, not to exceed

25 $2,000 shall be available for entertainment and representa26 tion allowances: Provided further, That of the funds made
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1 available by this Act for the Peace Corps, not to exceed a

2 total of $4,000 shall be available for entertainment expenses:

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

4 Act under the heading ‘‘Trade and Development Agency’’,

5 not to exceed $2,000 shall be available for representation

6 and entertainment allowances.

7 PROHIBITION ON FINANCING NUCLEAR GOODS

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

9 available (other than funds for ‘‘Nonproliferation, Anti-ter10 rorism, Demining and Related Programs’’) pursuant to this

11 Act, for carrying out the Foreign Assistance Act of 1961,

12 may be used, except for purposes of nuclear safety, to fi13 nance the export of nuclear equipment, fuel, or technology.

14 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

15 COUNTRIES

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

17 made available pursuant to this Act shall be obligated or

18 expended to finance directly any assistance or reparations

19 to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria:

20 Provided, That for purposes of this section, the prohibition

21 on obligations or expenditures shall include direct loans,

22 credits, insurance and guarantees of the Export-Import

23 Bank or its agents.

24 MILITARY COUPS

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

26 made available pursuant to this Act shall be obligated or
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1 expended to finance directly any assistance to any country

2 whose duly elected head of government is deposed by decree

3 or military coup: Provided, That assistance may be re4 sumed to such country if the President determines and re5 ports to the Committees on Appropriations that subsequent

6 to the termination of assistance a democratically elected

7 government has taken office.

8 TRANSFERS BETWEEN ACCOUNTS

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

10 Act may be obligated under an appropriation account to

11 which they were not appropriated, except for transfers spe12 cifically provided for in this Act, unless the President, prior

13 to the exercise of any authority contained in the Foreign

14 Assistance Act of 1961 to transfer funds, consults with and

15 provides a written policy justification to the Committees

16 on Appropriations of the House of Representatives and the

17 Senate.

18 DEOBLIGATION/REOBLIGATION AUTHORITY

19 SEC. 510. Obligated balances of funds appropriated to

20 carry out section 23 of the Arms Export Control Act as

21 of the end of the fiscal year immediately preceding the cur22 rent fiscal year are, if deobligated, hereby continued avail23 able during the current fiscal year for the same purpose

24 under any authority applicable to such appropriations

25 under this Act: Provided, That the authority of this sub26 section may not be used in fiscal year 2001.
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1 AVAILABILITY OF FUNDS

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

3 this Act shall remain available for obligation after the expi4 ration of the current fiscal year unless expressly so provided

5 in this Act: Provided, That funds appropriated for the pur6 poses of chapters 1, 8, 11, and 12 of part I, section 667,

7 and chapter 4 of part II of the Foreign Assistance Act of

8 1961, as amended, and funds provided under the heading

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

10 shall remain available until expended if such funds are ini11 tially obligated before the expiration of their respective peri12 ods of availability contained in this Act: Provided further,

13 That, notwithstanding any other provision of this Act, any

14 funds made available for the purposes of chapter 1 of part

15 I and chapter 4 of part II of the Foreign Assistance Act

16 of 1961 which are allocated or obligated for cash disburse17 ments in order to address balance of payments or economic

18 policy reform objectives, shall remain available until ex19 pended: Provided further, That the report required by sec20 tion 653(a) of the Foreign Assistance Act of 1961 shall des21 ignate for each country, to the extent known at the time

22 of submission of such report, those funds allocated for cash

23 disbursement for balance of payment and economic policy

24 reform purposes.
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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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

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

4 which is in default during a period in excess of one calendar

5 year in payment to the United States of principal or inter6 est on any loan made to the government of such country

7 by the United States pursuant to a program for which

8 funds are appropriated under this Act: Provided, That this

9 section and section 620(q) of the Foreign Assistance Act of

10 1961 shall not apply to funds made available for any nar11 cotics-related assistance for Colombia, Bolivia, and Peru

12 authorized by the Foreign Assistance Act of 1961 or the

13 Arms Export Control Act.

14 COMMERCE AND TRADE

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

16 available pursuant to this Act for direct assistance and

17 none of the funds otherwise made available pursuant to this

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

19 Investment Corporation shall be obligated or expended to

20 finance any loan, any assistance or any other financial

21 commitments for establishing or expanding production of

22 any commodity for export by any country other than the

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

24 on world markets at the time the resulting productive ca25 pacity is expected to become operative and if the assistance

26 will cause substantial injury to United States producers of
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1 the same, similar, or competing commodity: Provided, That

2 such prohibition shall not apply to the Export-Import Bank

3 if in the judgment of its Board of Directors the benefits to

4 industry and employment in the United States are likely

5 to outweigh the injury to United States producers of the

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

7 of the Board so notifies the Committees on Appropriations.

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

9 Act to carry out chapter 1 of part I of the Foreign Assist10 ance Act of 1961 shall be available for any testing or breed11 ing feasibility study, variety improvement or introduction,

12 consultancy, publication, conference, or training in connec13 tion with the growth or production in a foreign country

14 of an agricultural commodity for export which would com15 pete with a similar commodity grown or produced in the

16 United States: Provided, That this subsection shall not

17 prohibit—

18 (1) activities designed to increase food security

19 in developing countries where such activities will not

20 have a significant impact in the export of agricul21 tural commodities of the United States; or

22 (2) research activities intended primarily to ben23 efit American producers.

24 SURPLUS COMMODITIES

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

26 the United States Executive Directors of the International
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1 Bank for Reconstruction and Development, the Inter2 national Development Association, the International Fi3 nance Corporation, the Inter-American Development Bank,

4 the International Monetary Fund, the Asian Development

5 Bank, the Inter-American Investment Corporation, the

6 North American Development Bank, the European Bank for

7 Reconstruction and Development, the African Development

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

9 and vote of the United States to oppose any assistance by

10 these institutions, using funds appropriated or made avail11 able pursuant to this Act, for the production or extraction

12 of any commodity or mineral for export, if it is in surplus

13 on world markets and if the assistance will cause substan14 tial injury to United States producers of the same, similar,

15 or competing commodity.

16 NOTIFICATION REQUIREMENTS

17 SEC. 515. (a) For the purposes of providing the execu18 tive branch with the necessary administrative flexibility,

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

20 Survival and Disease Programs Fund’’, ‘‘Development As21 sistance’’, ‘‘International Organizations and Programs’’,

22 ‘‘Trade and Development Agency’’, ‘‘International Nar23 cotics Control and Law Enforcement’’, ‘‘Assistance for

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

25 Independent States of the Former Soviet Union’’, ‘‘Eco26 nomic Support Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Oper-
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1 ating Expenses of the Agency for International Develop2 ment’’, ‘‘Operating Expenses of the Agency for Inter3 national Development Office of Inspector General’’, ‘‘Non4 proliferation, Anti-terrorism, Demining and Related Pro5 grams’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter6 national Military Education and Training’’, ‘‘Peace

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

8 available for obligation for activities, programs, projects,

9 type of materiel assistance, countries, or other operations

10 not justified or in excess of the amount justified to the Ap11 propriations Committees for obligation under any of these

12 specific headings unless the Appropriations Committees of

13 both Houses of Congress are previously notified 15 days in

14 advance: Provided, That the President shall not enter into

15 any commitment of funds appropriated for the purposes of

16 section 23 of the Arms Export Control Act for the provision

17 of major defense equipment, other than conventional ammu18 nition, or other major defense items defined to be aircraft,

19 ships, missiles, or combat vehicles, not previously justified

20 to Congress or 20 percent in excess of the quantities justified

21 to Congress unless the Committees on Appropriations are

22 notified 15 days in advance of such commitment: Provided

23 further, That this section shall not apply to any reprogram24 ming for an activity, program, or project under chapter 1

25 of part I of the Foreign Assistance Act of 1961 of less than
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1 10 percent of the amount previously justified to the Con2 gress for obligation for such activity, program, or project

3 for the current fiscal year: Provided further, That the re4 quirements of this section or any similar provision of this

5 Act or any other Act, including any prior Act requiring

6 notification in accordance with the regular notification

7 procedures of the Committees on Appropriations, may be

8 waived if failure to do so would pose a substantial risk to

9 human health or welfare: Provided further, That in case

10 of any such waiver, notification to the Congress, or the ap11 propriate congressional committees, shall be provided as

12 early as practicable, but in no event later than 3 days after

13 taking the action to which such notification requirement

14 was applicable, in the context of the circumstances necessi15 tating such waiver: Provided further, That any notification

16 provided pursuant to such a waiver shall contain an expla17 nation of the emergency circumstances.

18 (b) Drawdowns made pursuant to section 506(a)(2) of

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

20 regular notification procedures of the Committees on Appro21 priations.

22 LIMITATION ON AVAILABILITY OF FUNDS FOR

23 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

24 SEC. 516. Subject to the regular notification proce25 dures of the Committees on Appropriations, funds appro26 priated under this Act or any previously enacted Act mak-
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1 ing appropriations for foreign operations, export financing,

2 and related programs, which are returned or not made

3 available for organizations and programs because of the im4 plementation of section 307(a) of the Foreign Assistance Act

5 of 1961, shall remain available for obligation until Sep6 tember 30, 2002.

7 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

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

10 Former Soviet Union’’ shall be made available for assist11 ance for a government of an Independent State of the former

12 Soviet Union—

13 (1) unless that government is making progress in

14 implementing comprehensive economic reforms based

15 on market principles, private ownership, respect for

16 commercial contracts, and equitable treatment of for17 eign private investment; and

18 (2) if that government applies or transfers

19 United States assistance to any entity for the purpose

20 of expropriating or seizing ownership or control of as21 sets, investments, or ventures.

22 Assistance may be furnished without regard to this sub23 section if the President determines that to do so is in the

24 national interest.

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

26 ‘‘Assistance for the Independent States of the Former Soviet
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1 Union’’ shall be made available for assistance for a govern2 ment of an Independent State of the former Soviet Union

3 if that government directs any action in violation of the

4 territorial integrity or national sovereignty of any other

5 Independent State of the former Soviet Union, such as those

6 violations included in the Helsinki Final Act: Provided,

7 That such funds may be made available without regard to

8 the restriction in this subsection if the President determines

9 that to do so is in the national security interest of the

10 United States.

11 (c) None of the funds appropriated under the heading

12 ‘‘Assistance for the Independent States of the Former Soviet

13 Union’’ shall be made available for any state to enhance

14 its military capability: Provided, That this restriction does

15 not apply to demilitarization, demining or nonproliferation

16 programs.

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

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

19 the Russian Federation, Armenia, Georgia, and Ukraine

20 shall be subject to the regular notification procedures of the

21 Committees on Appropriations.

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

23 the Independent States of the former Soviet Union shall be

24 subject to the provisions of section 117 (relating to environ-
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1 ment and natural resources) of the Foreign Assistance Act

2 of 1961.

3 (f) Funds appropriated in this or prior appropriations

4 Acts that are or have been made available for an Enterprise

5 Fund in the Independent States of the Former Soviet Union

6 may be deposited by such Fund in interest-bearing accounts

7 prior to the disbursement of such funds by the Fund for

8 program purposes. The Fund may retain for such program

9 purposes any interest earned on such deposits without re10 turning such interest to the Treasury of the United States

11 and without further appropriation by the Congress. Funds

12 made available for Enterprise Funds shall be expended at

13 the minimum rate necessary to make timely payment for

14 projects and activities.

15 (g) In issuing new task orders, entering into contracts,

16 or making grants, with funds appropriated in this Act or

17 prior appropriations Acts under the heading ‘‘Assistance

18 for the Independent States of the Former Soviet Union’’ and

19 under comparable headings in prior appropriations Acts,

20 for projects or activities that have as one of their primary

21 purposes the fostering of private sector development, the Co22 ordinator for United States Assistance to the New Inde23 pendent States and the implementing agency shall encour24 age the participation of and give significant weight to con25 tractors and grantees who propose investing a significant
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1 amount of their own resources (including volunteer services

2 and in-kind contributions) in such projects and activities.

3 PROHIBITION ON FUNDING FOR ABORTIONS AND

4 INVOLUNTARY STERILIZATION

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

6 out part I of the Foreign Assistance Act of 1961, as amend7 ed, may be used to pay for the performance of abortions

8 as a method of family planning or to motivate or coerce

9 any person to practice abortions. None of the funds made

10 available to carry out part I of the Foreign Assistance Act

11 of 1961, as amended, may be used to pay for the perform12 ance of involuntary sterilization as a method of family

13 planning or to coerce or provide any financial incentive

14 to any person to undergo sterilizations. None of the funds

15 made available to carry out part I of the Foreign Assistance

16 Act of 1961, as amended, may be used to pay for any bio17 medical research which relates in whole or in part, to meth18 ods of, or the performance of, abortions or involuntary steri19 lization as a means of family planning. None of the funds

20 made available to carry out part I of the Foreign Assistance

21 Act of 1961, as amended, may be obligated or expended for

22 any country or organization if the President certifies that

23 the use of these funds by any such country or organization

24 would violate any of the above provisions related to abor25 tions and involuntary sterilizations: Provided, That none
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1 of the funds made available under this Act may be used

2 to lobby for or against abortion.

3 EXPORT FINANCING TRANSFER AUTHORITIES

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

5 other than for administrative expenses made available for

6 fiscal year 2001, for programs under title I of this Act may

7 be transferred between such appropriations for use for any

8 of the purposes, programs, and activities for which the

9 funds in such receiving account may be used, but no such

10 appropriation, except as otherwise specifically provided,

11 shall be increased by more than 25 percent by any such

12 transfer: Provided, That the exercise of such authority shall

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

15 SPECIAL NOTIFICATION REQUIREMENTS

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

17 shall be obligated or expended for Colombia, Haiti, Liberia,

18 Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or

19 the Democratic Republic of Congo except as pro vided

20 through the regular notification procedures of the Commit21 tees on Appropriations.

22 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

24 project, and activity’’ shall be defined at the appropriations

25 Act account level and shall include all appropriations and

26 authorizations Acts earmarks, ceilings, and limitations
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1 with the exception that for the following accounts: Economic

2 Support Fund and Foreign Military Financing Program,

3 ‘‘program, project, and activity’’ shall also be considered

4 to include country, regional, and central program level

5 funding within each such account; for the development as6 sistance accounts of the Agency for International Develop7 ment ‘‘program, project, and activity’’ shall also be consid8 ered to include central program level funding, either as: (1)

9 justified to the Congress; or (2) allocated by the executive

10 branch in accordance with a report, to be provided to the

11 Committees on Appropriations within 30 days of the enact12 ment of this Act, as required by section 653(a) of the For13 eign Assistance Act of 1961.

14 CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES

15 SEC. 522. Up to $16,000,000 of the funds made avail16 able by this Act for assistance under the heading ‘‘Child

17 Survival and Disease Programs Fund’’, may be used to re18 imburse United States Government agencies, agencies of

19 State governments, institutions of higher learning, and pri20 vate and voluntary organizations for the full cost of indi21 viduals (including for the personal services of such individ22 uals) detailed or assigned to, or contracted by, as the case

23 may be, the Agency for International Development for the

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

25 infectious disease activities: Provided, That up to

26 $1,500,000 of the funds made available by this Act for as-
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1 sistance under the heading ‘‘Development Assistance’’ may

2 be used to reimburse such agencies, institutions, and orga3 nizations for such costs of such individuals carrying out

4 other development assistance activities: Provided further,

5 That funds appropriated by this Act that are made avail6 able for child survival activities or disease programs includ7 ing activities relating to research on, and the prevention,

8 treatment and control of, Acquired Immune Deficiency

9 Syndrome may be made available notwithstanding any

10 provision of law that restricts assistance to foreign coun11 tries: Provided further, That funds appropriated under title

12 II of this Act may be made available pursuant to section

13 301 of the Foreign Assistance Act of 1961 if a primary pur14 pose of the assistance is for child survival and related pro15 grams.

16 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

17 COUNTRIES

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

19 made available pursuant to this Act shall be obligated to

20 finance indirectly any assistance or reparations to Cuba,

21 Iraq, Libya, Iran, Syria, North Korea, or the People’s Re22 public of China, unless the President of the United States

23 certifies that the withholding of these funds is contrary to

24 the national interest of the United States.
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1 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

2 SEC. 524. Prior to providing excess Department of De3 fense articles in accordance with section 516(a) of the For4 eign Assistance Act of 1961, the Department of Defense shall

5 notify the Committees on Appropriations to the same extent

6 and under the same conditions as are other committees pur7 suant to subsection (f ) of that section: Provided, That before

8 issuing a letter of offer to sell excess defense articles under

9 the Arms Export Control Act, the Department of Defense

10 shall notify the Committees on Appropriations in accord11 ance with the regular notification procedures of such Com12 mittees: Provided further, That such Committees shall also

13 be informed of the original acquisition cost of such defense

14 articles.

15 AUTHORIZATION REQUIREMENT

16 SEC. 525. Funds appropriated by this Act, except

17 funds appropriated under the headings ‘‘International

18 Military Education and Training’’ and ‘‘Foreign Military

19 Financing Program’’, may be obligated and expended not20 withstanding section 10 of Public Law 91–672 and section

21 15 of the State Department Basic Authorities Act of 1956.

22 DEMOCRACY IN CHINA

23 SEC. 526. Notwithstanding any other provision of law

24 that restricts assistance to foreign countries, funds appro25 priated by this Act for ‘‘Economic Support Fund’’ may be

26 made available to provide general support and grants for
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1 nongovernmental organizations located outside the People’s

2 Republic of China that have as their primary purpose fos3 tering democracy in that country, and for activities of non4 governmental organizations located outside the People’s Re5 public of China to foster rule of law and democracy in that

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

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

8 of China may be made available for assistance to the gov9 ernment of that country, except that funds appropriated by

10 this Act under the heading ‘‘Economic Support Fund’’ that

11 are made available for the National Endowment for Democ12 racy or its grantees may be made available for activities

13 to foster democracy in that country notwithstanding this

14 proviso and any other provision of law: Provided further,

15 That upon enactment of this Act funds appropriated by this

16 or any prior Acts making appropriations for foreign oper17 ations, export financing, and related programs, that are

18 provided to the National Endowment for Democracy shall

19 be provided notwithstanding any other provision of law or

20 regulation: Provided further, That funds made available

21 pursuant to the authority of this section shall be subject

22 to the regular notification procedures of the Committees on

23 Appropriations: Provided further, That notwithstanding

24 any other provision of law, of the funds appropriated by

25 this Act to carry out the provisions of chapter 4 of part
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1 II of the Foreign Assistance Act of 1961, not to exceed

2 $2,000,000 may be made available to nongovernmental or3 ganizations located outside the People’s Republic of China

4 to support activities which preserve cultural traditions and

5 promote sustainable development and environmental con6 servation in Tibetan communities in that country: Provided

7 further, That the final proviso in section 526 of the Foreign

8 Operations, Export Financing, and Related Programs Ap9 propriations Act, 2000 (as enacted into law by section

10 1000(a)(2) of Public Law 106–113) is amended by striking

11 ‘‘Robert F. Kennedy Memorial Center for Human Rights’’

12 and inserting ‘‘Jamestown Foundation’’.

13 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

14 COUNTRIES

15 SEC. 527. (a) Funds appropriated for bilateral assist16 ance under any heading of this Act and funds appropriated

17 under any such heading in a provision of law enacted prior

18 to the enactment of this Act, shall not be made available

19 to any country which the President determines—

20 (1) grants sanctuary from prosecution to any in21 dividual or group which has committed an act of

22 international terrorism; or

23 (2) otherwise supports international terrorism.

24 (b) The President may waive the application of sub25 section (a) to a country if the President determines that

26 national security or humanitarian reasons justify such
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1 waiver. The President shall publish each waiver in the Fed2 eral Register and, at least 15 days before the waiver takes

3 effect, shall notify the Committees on Appropriations of the

4 waiver (including the justification for the waiver) in ac5 cordance with the regular notification procedures of the

6 Committees on Appropriations.

7 REPORT ON IMPLEMENTATION OF SUPPLEMENTAL

8 APPROPRIATIONS

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

10 2001, the Secretary of State shall provide quarterly reports

11 to the Committees on Appropriations providing informa12 tion on the use of funds appropriated in title VI of the For13 eign Operations, Export Financing, and Related Programs

14 Appropriations Act, 2000 (as enacted into law by section

15 1000(a)(2) of Public Law 106–113). Each report shall in16 clude the following—

17 (1) the current and projected status of obliga18 tions and expenditures by appropriations account, by

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

20 (2) the contractors and subcontractors engaged

21 in activities funded from appropriations contained in

22 title VI; and

23 (3) the procedures and processes under which de24 cisions have been or will be made on which programs,

25 projects, and activities are funded through appropria26 tions contained in title VI.
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1 (b) For each report required by this section, a classi2 fied annex may be submitted if deemed necessary and ap3 propriate.

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

5 shall be provided to the Committees on Appropriations by

6 January 1, 2002.

7 COMPETITIVE INSURANCE

8 SEC. 529. All Agency for International Development

9 contracts and solicitations, and subcontracts entered into

10 under such contracts, shall include a clause requiring that

11 United States insurance companies have a fair opportunity

12 to bid for insurance when such insurance is necessary or

13 appropriate.

14 PERU

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

16 days after the date of the enactment of this Act, and every

17 90 days thereafter during fiscal year 2001, the Secretary

18 of State shall determine and report to the Committees on

19 Appropriations whether the Government of Peru has made

20 substantial progress in creating the conditions for free and

21 fair elections, and in respecting human rights, the rule of

22 law, the independence and constitutional role of the judici23 ary and national congress, and freedom of expression and

24 independent media.

25 (b) PROHIBITION.—If the Secretary determines and re26 ports pursuant to subsection (a) that the Government of
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1 Peru has not made substantial progress, no funds appro2 priated by this Act may be made available for assistance

3 for the Central Government of Peru.

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

5 $2,000,000 should be made available to support the work

6 of nongovernmental organizations and the Organization of

7 American States in promoting free and fair elections, demo8 cratic institutions, and human rights in Peru.

9 DEBT-FOR-DEVELOPMENT

10 SEC. 531. In order to enhance the continued participa11 tion of nongovernmental organizations in economic assist12 ance activities under the Foreign Assistance Act of 1961,

13 including endowments, debt-for-development and debt-for14 nature exchanges, a nongovernmental organization which

15 is a grantee or contractor of the Agency for International

16 Development may place in interest bearing accounts funds

17 made available under this Act or prior Acts or local cur18 rencies which accrue to that organization as a result of eco19 nomic assistance provided under title II of this Act and

20 any interest earned on such investment shall be used for

21 the purpose for which the assistance was provided to that

22 organization.

23 SEPARATE ACCOUNTS

24 SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL CUR25 RENCIES.—(1) If assistance is furnished to the government

26 of a foreign country under chapters 1 and 10 of part I or
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1 chapter 4 of part II of the Foreign Assistance Act of 1961

2 under agreements which result in the generation of local

3 currencies of that country, the Administrator of the Agency

4 for International Development shall—

5 (A) require that local currencies be deposited in

6 a separate account established by that government;

7 (B) enter into an agreement with that govern8 ment which sets forth—

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

10 generated; and

11 (ii) the terms and conditions under which

12 the currencies so deposited may be utilized, con13 sistent with this section; and

14 (C) establish by agreement with that government

15 the responsibilities of the Agency for International

16 Development and that government to monitor and ac17 count for deposits into and disbursements from the

18 separate account.

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

20 upon with the foreign government, local currencies depos21 ited in a separate account pursuant to subsection (a), or

22 an equivalent amount of local currencies, shall be used

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

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

3 purposes as—

4 (i) project and sector assistance activities;

5 or

6 (ii) debt and deficit financing; or

7 (B) for the administrative requirements of the

8 United States Government.

9 (3) PROGRAMMING ACCOUNTABILITY.—The Agency for

10 International Development shall take all necessary steps to

11 ensure that the equivalent of the local currencies disbursed

12 pursuant to subsection (a)(2)(A) from the separate account

13 established pursuant to subsection (a)(1) are used for the

14 purposes agreed upon pursuant to subsection (a)(2).

15 (4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon

16 termination of assistance to a country under chapter 1 or

17 10 of part I or chapter 4 of part II (as the case may be),

18 any unencumbered balances of funds which remain in a

19 separate account established pursuant to subsection (a)

20 shall be disposed of for such purposes as may be agreed to

21 by the government of that country and the United States

22 Government.

23 (5) REPORTING REQUIREMENT.—The Administrator

24 of the Agency for International Development shall report

25 on an annual basis as part of the justification documents
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1 submitted to the Committees on Appropriations on the use

2 of local currencies for the administrative requirements of

3 the United States Government as authorized in subsection

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

5 currency (and United States dollar equivalent) used and/

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

7 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)

8 If assistance is made available to the government of a for9 eign country, under chapter 1 or 10 of part I or chapter

10 4 of part II of the Foreign Assistance Act of 1961, as cash

11 transfer assistance or as nonproject sector assistance, that

12 country shall be required to maintain such funds in a sepa13 rate account and not commingle them with any other funds.

14 (2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—

15 Such funds may be obligated and expended notwithstanding

16 provisions of law which are inconsistent with the nature

17 of this assistance including provisions which are referenced

18 in the Joint Explanatory Statement of the Committee of

19 Conference accompanying House Joint Resolution 648

20 (House Report No. 98–1159).

21 (3) NOTIFICATION.—At least 15 days prior to obli22 gating any such cash transfer or nonproject sector assist23 ance, the President shall submit a notification through the

24 regular notification procedures of the Committees on Appro25 priations, which shall include a detailed description of how
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1 the funds proposed to be made available will be used, with

2 a discussion of the United States interests that will be

3 served by the assistance (including, as appropriate, a de4 scription of the economic policy reforms that will be pro5 moted by such assistance).

6 (4) EXEMPTION.—Nonproject sector assistance funds

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

8 only through the notification procedures of the Committees

9 on Appropriations.

10 COMPENSATION FOR UNITED STATES EXECUTIVE

11 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

13 be made as payment to any international financial institu14 tion while the United States Executive Director to such in15 stitution is compensated by the institution at a rate which,

16 together with whatever compensation such Director receives

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

18 for an individual occupying a position at level IV of the

19 Executive Schedule under section 5315 of title 5, United

20 States Code, or while any alternate United States Director

21 to such institution is compensated by the institution at a

22 rate in excess of the rate provided for an individual occu23 pying a position at level V of the Executive Schedule under

24 section 5316 of title 5, United States Code.

25 (b) For purposes of this section, ‘‘international finan26 cial institutions’’ are: the International Bank for Recon-
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1 struction and Development, the Inter-American Develop2 ment Bank, the Asian Development Bank, the Asian Devel3 opment Fund, the African Development Bank, the African

4 Development Fund, the International Monetary Fund, the

5 North American Development Bank, and the European

6 Bank for Reconstruction and Development.

7 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

8 IRAQ

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

10 made available pursuant to this Act to carry out the For11 eign Assistance Act of 1961 (including title IV of chapter

12 2 of part I, relating to the Overseas Private Investment Cor13 poration) or the Arms Export Control Act may be used to

14 provide assistance to any country that is not in compliance

15 with the United Nations Security Council sanctions against

16 Iraq unless the President determines and so certifies to the

17 Congress that—

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

19 the United States;

20 (2) such assistance will directly benefit the needy

21 people in that country; or

22 (3) the assistance to be provided will be humani23 tarian assistance for foreign nationals who have fled

24 Iraq and Kuwait.
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1 AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL

2 FUND FOR AGRICULTURAL DEVELOPMENT, INTER3 AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT

4 FOUNDATION

5 SEC. 535. (a) Unless expressly provided to the con6 trary, provisions of this or any other Act, including provi7 sions contained in prior Acts authorizing or making appro8 priations for foreign operations, export financing, and re9 lated programs, shall not be construed to prohibit activities

10 authorized by or conducted under the Peace Corps Act, the

11 Inter-American Foundation Act or the African Develop12 ment Foundation Act. The agency shall promptly report to

13 the Committees on Appropriations whenever it is con14 ducting activities or is proposing to conduct activities in

15 a country for which assistance is prohibited.

16 (b) Unless expressly provided to the contrary, limita17 tions on the availability of funds for ‘‘International Orga18 nizations and Programs’’ in this or any other Act, includ19 ing prior appropriations Acts, shall not be construed to be

20 applicable to the International Fund for Agricultural De21 velopment.

22 IMPACT ON JOBS IN THE UNITED STATES

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

24 may be obligated or expended to provide—

25 (a) any financial incentive to a business enter26 prise currently located in the United States for the
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1 purpose of inducing such an enterprise to relocate

2 outside the United States if such incentive or induce3 ment is likely to reduce the number of employees of

4 such business enterprise in the United States because

5 United States production is being replaced by such

6 enterprise outside the United States;

7 (b) assistance for the purpose of establishing or

8 developing in a foreign country any export processing

9 zone or designated area in which the tax, tariff, labor,

10 environment, and safety laws of that country do not

11 apply, in part or in whole, to activities carried out

12 within that zone or area, unless the President deter13 mines and certifies that such assistance is not likely

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

15 (c) assistance for any project or activity that

16 contributes to the violation of internationally recog17 nized workers rights, as defined in section 502(a)(4)

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

19 country, including any designated zone or area in

20 that country: Provided, That in recognition that the

21 application of this subsection should be commensurate

22 with the level of development of the recipient country

23 and sector, the provisions of this subsection shall not

24 preclude assistance for the informal sector in such
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1 country, micro and small-scale enterprise, and

2 smallholder agriculture.

3 CLEAN COAL TECHNOLOGY

4 SEC. 537. (a) FINDINGS.—The Congress finds as fol5 lows:

6 (1) The United States is the world leader in the

7 development of environmental technologies, particu8 larly clean coal technology.

9 (2) Severe pollution problems affecting people in

10 developing countries, and the serious health problems

11 that result from such pollution, can be effectively ad12 dressed through the application of United States tech13 nology.

14 (3) During the next century, developing coun15 tries, particularly countries in Asia such as China

16 and India, will dramatically increase their consump17 tion of electricity, and low quality coal will be a

18 major source of fuel for power generation.

19 (4) Without the use of modern clean coal tech20 nology, the resultant pollution will cause enormous

21 health and environmental problems leading to dimin22 ished economic growth in developing countries and,

23 thus, diminished United States exports to those grow24 ing markets.

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

26 United States to promote the export of United States clean
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1 coal technology. In furtherance of that policy, the Secretary

2 of State, the Secretary of the Treasury (acting through the

3 United States executive directors to international financial

4 institutions), the Secretary of Energy, and the Adminis5 trator of the United States Agency for International Devel6 opment (USAID) should, as appropriate, vigorously pro7 mote the use of United States clean coal technology in envi8 ronmental and energy infrastructure programs, projects

9 and activities. Programs, projects and activities for which

10 the use of such technology should be considered include re11 construction assistance for the Balkans, activities carried

12 out by the Global Environment Facility, and activities

13 funded from USAID’s Development Credit Authority.

14 SPECIAL AUTHORITIES

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

16 VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

17 BURMESE.—Funds appropriated in titles I and II of this

18 Act that are made available for Afghanistan, Lebanon,

19 Montenegro, and for victims of war, displaced children, and

20 displaced Burmese, may be made available notwithstanding

21 any other provision of law: Provided, That any such funds

22 that are made available for Cambodia shall be subject to

23 the provisions of section 531(e) of the Foreign Assistance

24 Act of 1961 and section 906 of the International Security

25 and Development Cooperation Act of 1985.
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1 (b) TROPICAL FORESTRY AND BIODIVERSITY CON2 SERVATION ACTIVITIES.—Funds appropriated by this Act

3 to carry out the provisions of sections 103 through 106, and

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

5 may be used, notwithstanding any other provision of law,

6 for the purpose of supporting tropical forestry and biodiver7 sity conservation activities and, subject to the regular noti8 fication procedures of the Committees on Appropriations,

9 energy programs aimed at reducing greenhouse gas emis10 sions: Provided, That such assistance shall be subject to sec11 tions 116, 502B, and 620A of the Foreign Assistance Act

12 of 1961.

13 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap14 propriated by this Act to carry out chapter 1 of part I,

15 chapter 4 of part II, and section 667 of the Foreign Assist16 ance Act of 1961, and title II of the Agricultural Trade

17 Development and Assistance Act of 1954, may be used by

18 the Agency for International Development to employ up to

19 25 personal services contractors in the United States, not20 withstanding any other provision of law, for the purpose

21 of providing direct, interim support for new or expanded

22 overseas programs and activities and managed by the agen23 cy until permanent direct hire personnel are hired and

24 trained: Provided, That not more than 10 of such contrac25 tors shall be assigned to any bureau or office: Provided fur-
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1 ther, That such funds appropriated to carry out the Foreign

2 Assistance Act of 1961 may be made available for personal

3 services contractors assigned only to the Office of Health

4 and Nutrition; the Office of Procurement; the Bureau for

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

6 and the Bureau for Asia and the Near East: Provided fur7 ther, That such funds appropriated to carry out title II of

8 the Agricultural Trade Development and Assistance Act of

9 1954, may be made available only for personal services con10 tractors assigned to the Office of Food for Peace.

11 (d)(1) WAIVER.—The President may waive the provi12 sions of section 1003 of Public Law 100–204 if the Presi13 dent determines and certifies in writing to the Speaker of

14 the House of Representatives and the President pro tempore

15 of the Senate that it is important to the national security

16 interests of the United States.

17 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiv18 er pursuant to paragraph (1) shall be effective for no more

19 than a period of 6 months at a time and shall not apply

20 beyond 12 months after the enactment of this Act.

21 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF

22 ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL

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

24 (1) the Arab League countries should imme25 diately and publicly renounce the primary boycott of

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

2 and should normalize their relations with Israel;

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

4 reinstate the boycott against Israel was deeply trou5 bling and disappointing;

6 (3) the fact that only three Arab countries main7 tain full diplomatic relations with Israel is also of

8 deep concern;

9 (4) the Arab League should immediately rescind

10 its decision on the boycott and its members should de11 velop normal relations with their neighbor Israel; and

12 (5) the President should—

13 (A) take more concrete steps to encourage

14 vigorously Arab League countries to renounce

15 publicly the primary boycotts of Israel and the

16 secondary and tertiary boycotts of American

17 firms that have commercial relations with Israel

18 and to normalize their relations with Israel;

19 (B) take into consideration the participa20 tion of any recipient country in the primary

21 boycott of Israel and the secondary and tertiary

22 boycotts of American firms that have commercial

23 relations with Israel when determining whether

24 to sell weapons to said country;
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1 (C) report to Congress annually on the spe2 cific steps being taken by the United States and

3 the progress achieved to bring about a public re4 nunciation of the Arab primary boycott of Israel

5 and the secondary and tertiary boycotts of Amer6 ican firms that have commercial relations with

7 Israel and to expand the process of normalizing

8 ties between Arab League countries and Israel;

9 and

10 (D) encourage the allies and trading part11 ners of the United States to enact laws prohib12 iting businesses from complying with the boycott

13 and penalizing businesses that do comply.

14 ADMINISTRATION OF JUSTICE ACTIVITIES

15 SEC. 540. Of the funds appropriated or otherwise made

16 available by this Act for ‘‘Economic Support Fund’’, assist17 ance may be provided to strengthen the administration of

18 justice in countries in Latin America and the Caribbean

19 and in other regions consistent with the provisions of sec20 tion 534(b) of the Foreign Assistance Act of 1961, except

21 that programs to enhance protection of participants in ju22 dicial cases may be conducted notwithstanding section 660

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

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

25 the second and third sentences of section 534(e) of the For26 eign Assistance Act of 1961.
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1 ELIGIBILITY FOR ASSISTANCE

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

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

5 shall not be construed to restrict assistance in support of

6 programs of nongovernmental organizations from funds ap7 propriated by this Act to carry out the provisions of chap8 ters 1, 10, 11, and 12 of part I and chapter 4 of part II

9 of the Foreign Assistance Act of 1961, and from funds ap10 propriated under the heading ‘‘Assistance for Eastern Eu11 rope and the Baltic States’’: Provided, That the President

12 shall take into consideration, in any case in which a restric13 tion on assistance would be applicable but for this sub14 section, whether assistance in support of programs of non15 governmental organizations is in the national interest of

16 the United States: Provided further, That before using the

17 authority of this subsection to furnish assistance in support

18 of programs of nongovernmental organizations, the Presi19 dent shall notify the Committees on Appropriations under

20 the regular notification procedures of those committees, in21 cluding a description of the program to be assisted, the as22 sistance to be provided, and the reasons for furnishing such

23 assistance: Provided further, That nothing in this sub24 section shall be construed to alter any existing statutory
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1 prohibitions against abortion or involuntary sterilizations

2 contained in this or any other Act.

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

5 to assistance for a country shall not be construed to restrict

6 assistance under the Agricultural Trade Development and

7 Assistance Act of 1954: Provided, That none of the funds

8 appropriated to carry out title I of such Act and made

9 available pursuant to this subsection may be obligated or

10 expended except as provided through the regular notifica11 tion procedures of the Committees on Appropriations.

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

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

14 Assistance Act of 1961 or any comparable provision

15 of law prohibiting assistance to countries that support

16 international terrorism; or

17 (2) with respect to section 116 of the Foreign As18 sistance Act of 1961 or any comparable provision of

19 law prohibiting assistance to countries that violate

20 internationally recognized human rights.

21 EARMARKS

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

23 are earmarked may be reprogrammed for other programs

24 within the same account notwithstanding the earmark if

25 compliance with the earmark is made impossible by oper26 ation of any provision of this or any other Act or, with
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1 respect to a country with which the United States has an

2 agreement providing the United States with base rights or

3 base access in that country, if the President determines that

4 the recipient for which funds are earmarked has signifi5 cantly reduced its military or economic cooperation with

6 the United States since the enactment of the Foreign Oper7 ations, Export Financing, and Related Programs Appro8 priations Act, 1991; however, before exercising the authority

9 of this subsection with regard to a base rights or base access

10 country which has significantly reduced its military or eco11 nomic cooperation with the United States, the President

12 shall consult with, and shall provide a written policy jus13 tification to the Committees on Appropriations: Provided,

14 That any such reprogramming shall be subject to the reg15 ular notification procedures of the Committees on Appro16 priations: Provided further, That assistance that is repro17 grammed pursuant to this subsection shall be made avail18 able under the same terms and conditions as originally pro19 vided.

20 (b) In addition to the authority contained in sub21 section (a), the original period of availability of funds ap22 propriated by this Act and administered by the Agency for

23 International Development that are earmarked for par24 ticular programs or activities by this or any other Act shall

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

2 the Committees on Appropriations that the termination of

3 assistance to a country or a significant change in cir4 cumstances makes it unlikely that such earmarked funds

5 can be obligated during the original period of availability:

6 Provided, That such earmarked funds that are continued

7 available for an additional fiscal year shall be obligated

8 only for the purpose of such earmark.

9 CEILINGS AND EARMARKS

10 SEC. 543. Ceilings and earmarks contained in this Act

11 shall not be applicable to funds or authorities appropriated

12 or otherwise made available by any subsequent Act unless

13 such Act specifically so directs. Earmarks or minimum

14 funding requirements contained in any other Act shall not

15 be applicable to funds appropriated by this Act.

16 PROHIBITION ON PUBLICITY OR PROPAGANDA

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

18 this Act shall be used for publicity or propaganda purposes

19 within the United States not authorized before the date of

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

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

22 the provisions of section 316 of Public Law 96–533.

23 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

24 PRODUCTS

25 SEC. 545. (a) To the maximum extent possible, assist26 ance provided under this Act should make full use of Amer-
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1 ican resources, including commodities, products, and serv2 ices.

3 (b) It is the sense of the Congress that, to the greatest

4 extent practicable, all agriculture commodities, equipment

5 and products purchased with funds made available in this

6 Act should be American-made.

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

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

10 greatest extent practicable, shall provide to such entity a

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

12 the Congress.

13 (d) The Secretary of the Treasury shall report to Con14 gress annually on the efforts of the heads of each Federal

15 agency and the United States directors of international fi16 nancial institutions (as referenced in section 514) in com17 plying with this sense of the Congress.

18 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

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

20 available pursuant to this Act for carrying out the Foreign

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

22 in part any assessments, arrearages, or dues of any member

23 of the United Nations or, from funds appropriated by this

24 Act to carry out chapter 1 of part I of the Foreign Assist25 ance Act of 1961, the costs for participation of another
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1 country’s delegation at international conferences held under

2 the auspices of multilateral or international organizations.

3 CONSULTING SERVICES

4 SEC. 547. The expenditure of any appropriation under

5 this Act for any consulting service through procurement

6 contract, pursuant to section 3109 of title 5, United States

7 Code, shall be limited to those contracts where such expendi8 tures are a matter of public record and available for public

9 inspection, except where otherwise provided under existing

10 law, or under existing Executive order pursuant to existing

11 law.

12 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

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

14 available pursuant to this Act shall be available to a private

15 voluntary organization which fails to provide upon timely

16 request any document, file, or record necessary to the audit17 ing requirements of the Agency for International Develop18 ment.

19 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS

20 THAT EXPORT LETHAL MILITARY EQUIPMENT TO

21 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

22 SEC. 549. (a) None of the funds appropriated or other23 wise made available by this Act may be available to any

24 foreign government which provides lethal military equip25 ment to a country the government of which the Secretary

26 of State has determined is a terrorist government for pur-
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1 poses of section 40(d) of the Arms Export Control Act. The

2 prohibition under this section with respect to a foreign gov3 ernment shall terminate 12 months after that government

4 ceases to provide such military equipment. This section ap5 plies with respect to lethal military equipment provided

6 under a contract entered into after October 1, 1997.

7 (b) Assistance restricted by subsection (a) or any other

8 similar provision of law, may be furnished if the President

9 determines that furnishing such assistance is important to

10 the national interests of the United States.

11 (c) Whenever the waiver of subsection (b) is exercised,

12 the President shall submit to the appropriate congressional

13 committees a report with respect to the furnishing of such

14 assistance. Any such report shall include a detailed expla15 nation of the assistance to be provided, including the esti16 mated dollar amount of such assistance, and an expla17 nation of how the assistance furthers United States national

18 interests.

19 WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED

20 BY FOREIGN COUNTRIES

21 SEC. 550. (a) IN GENERAL.—Of the funds made avail22 able for a foreign country under part I of the Foreign As23 sistance Act of 1961, an amount equivalent to 110 percent

24 of the total unpaid fully adjudicated parking fines and pen25 alties owed to the District of Columbia by such country as

26 of the date of the enactment of this Act shall be withheld
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1 from obligation for such country until the Secretary of State

2 certifies and reports in writing to the appropriate congres3 sional committees that such fines and penalties are fully

4 paid to the government of the District of Columbia.

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

6 term ‘‘appropriate congressional committees’’ means the

7 Committee on Foreign Relations and the Committee on Ap8 propriations of the Senate and the Committee on Inter9 national Relations and the Committee on Appropriations

10 of the House of Representatives.

11 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST

12 BANK AND GAZA

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

14 may be obligated for assistance for the Palestine Liberation

15 Organization for the West Bank and Gaza unless the Presi16 dent has exercised the authority under section 604(a) of the

17 Middle East Peace Facilitation Act of 1995 (title VI of Pub18 lic Law 104–107) or any other legislation to suspend or

19 make inapplicable section 307 of the Foreign Assistance Act

20 of 1961 and that suspension is still in effect: Provided, That

21 if the President fails to make the certification under section

22 604(b)(2) of the Middle East Peace Facilitation Act of 1995

23 or to suspend the prohibition under other legislation, funds

24 appropriated by this Act may not be obligated for assistance

25 for the Palestine Liberation Organization for the West Bank

26 and Gaza.
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1 WAR CRIMES TRIBUNALS DRAWDOWN

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

3 will contribute to a just resolution of charges regarding

4 genocide or other violations of international humanitarian

5 law, the President may direct a drawdown pursuant to sec6 tion 552(c) of the Foreign Assistance Act of 1961, as amend7 ed, of up to $30,000,000 of commodities and services for

8 the United Nations War Crimes Tribunal established with

9 regard to the former Yugoslavia by the United Nations Se10 curity Council or such other tribunals or commissions as

11 the Council may establish to deal with such violations,

12 without regard to the ceiling limitation contained in para13 graph (2) thereof: Provided, That the determination re14 quired under this section shall be in lieu of any determina15 tions otherwise required under section 552(c): Provided fur16 ther, That 60 days after the date of the enactment of this

17 Act, and every 180 days thereafter until September 30,

18 2001, the Secretary of State shall submit a report to the

19 Committees on Appropriations describing the steps the

20 United States Government is taking to collect information

21 regarding allegations of genocide or other violations of

22 international law in the former Yugoslavia and to furnish

23 that information to the United Nations War Crimes Tri24 bunal for the former Yugoslavia: Provided further, That the

25 drawdown made under this section for any tribunal shall
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1 not be construed as an endorsement or precedent for the es2 tablishment of any standing or permanent international

3 criminal tribunal or court: Provided further, That funds

4 made available for tribunals other than Yugoslavia or

5 Rwanda shall be made available subject to the regular noti6 fication procedures of the Committees on Appropriations.

7 LANDMINES

8 SEC. 553. Notwithstanding any other provision of law,

9 demining equipment available to the Agency for Inter10 national Development and the Department of State and

11 used in support of the clearance of landmines and

12 unexploded ordnance for humanitarian purposes may be

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

14 to such terms and conditions as the President may pre15 scribe.

16 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

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

18 may be obligated or expended to create in any part of Jeru19 salem a new office of any department or agency of the

20 United States Government for the purpose of conducting of21 ficial United States Government business with the Pales22 tinian Authority over Gaza and Jericho or any successor

23 Palestinian governing entity provided for in the Israel-PLO

24 Declaration of Principles: Provided, That this restriction

25 shall not apply to the acquisition of additional space for

26 the existing Consulate General in Jerusalem: Provided fur-
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1 ther, That meetings between officers and employees of the

2 United States and officials of the Palestinian Authority, or

3 any successor Palestinian governing entity provided for in

4 the Israel-PLO Declaration of Principles, for the purpose

5 of conducting official United States Government business

6 with such authority should continue to take place in loca7 tions other than Jerusalem. As has been true in the past,

8 officers and employees of the United States Government

9 may continue to meet in Jerusalem on other subjects with

10 Palestinians (including those who now occupy positions in

11 the Palestinian Authority), have social contacts, and have

12 incidental discussions.

13 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

14 SEC. 555. None of the funds appropriated or otherwise

15 made available by this Act under the heading ‘‘Inter16 national Military Education and Training’’ or ‘‘Foreign

17 Military Financing Program’’ for Informational Program

18 activities or under the headings ‘‘Child Survival and Dis19 ease Programs Fund’’, ‘‘Development Assistance’’, and

20 ‘‘Economic Support Fund’’ may be obligated or expended

21 to pay for—

22 (1) alcoholic beverages; or

23 (2) entertainment expenses for activities that are

24 substantially of a recreational character, including

25 entrance fees at sporting events and amusement

26 parks.
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1 SPECIAL DEBT RELIEF FOR THE POOREST

2 SEC. 556. (a) AUTHORITY TO REDUCE DEBT.—The

3 President may reduce amounts owed to the United States

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

5 as a result of—

6 (1) guarantees issued under sections 221 and 222

7 of the Foreign Assistance Act of 1961;

8 (2) credits extended or guarantees issued under

9 the Arms Export Control Act; or

10 (3) any obligation or portion of such obligation,

11 to pay for purchases of United States agricultural

12 commodities guaranteed by the Commodity Credit

13 Corporation under export credit guarantee programs

14 authorized pursuant to section 5(f ) of the Commodity

15 Credit Corporation Charter Act of June 29, 1948, as

16 amended, section 4(b) of the Food for Peace Act of

17 1966, as amended (Public Law 89–808), or section

18 202 of the Agricultural Trade Act of 1978, as amend19 ed (Public Law 95–501).

20 (b) LIMITATIONS.—

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

22 may be exercised only to implement multilateral offi23 cial debt relief and referendum agreements, commonly

24 referred to as ‘‘Paris Club Agreed Minutes’’.
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1 (2) The authority provided by subsection (a)

2 may be exercised only in such amounts or to such ex3 tent as is provided in advance by appropriations

4 Acts.

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

6 may be exercised only with respect to countries with

7 heavy debt burdens that are eligible to borrow from

8 the International Development Association, but not

9 from the International Bank for Reconstruction and

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

11 countries.

12 (c) CONDITIONS.—The authority provided by sub13 section (a) may be exercised only with respect to a country

14 whose government—

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

16 expenditures;

17 (2) has not repeatedly provided support for acts

18 of international terrorism;

19 (3) is not failing to cooperate on international

20 narcotics control matters;

21 (4) (including its military or other security

22 forces) does not engage in a consistent pattern of gross

23 violations of internationally recognized human rights;

24 and
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1 (5) is not ineligible for assistance because of the

2 application of section 527 of the Foreign Relations

3 Authorization Act, Fiscal Years 1994 and 1995.

4 (d) AVAILABILITY OF FUNDS.—The authority provided

5 by subsection (a) may be used only with regard to funds

6 appropriated by this Act under the heading ‘‘Debt Restruc7 turing’’.

8 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc9 tion of debt pursuant to subsection (a) shall not be consid10 ered assistance for purposes of any provision of law lim11 iting assistance to a country. The authority provided by

12 subsection (a) may be exercised notwithstanding section

13 620(r) of the Foreign Assistance Act of 1961 or section 321

14 of the International Development and Food Assistance Act

15 of 1975.

16 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

17 SEC. 557. (a) LOANS ELIGIBLE FOR SALE, REDUC18 TION, OR CANCELLATION.—

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

20 CERTAIN LOANS.—Notwithstanding any other provi21 sion of law, the President may, in accordance with

22 this section, sell to any eligible purchaser any

23 concessional loan or portion thereof made before Jan24 uary 1, 1995, pursuant to the Foreign Assistance Act

25 of 1961, to the government of any eligible country as

26 defined in section 702(6) of that Act or on receipt of
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1 payment from an eligible purchaser, reduce or cancel

2 such loan or portion thereof, only for the purpose of

3 facilitating—

4 (A) debt-for-equity swaps, debt-for-develop5 ment swaps, or debt-for-nature swaps; or

6 (B) a debt buyback by an eligible country

7 of its own qualified debt, only if the eligible

8 country uses an additional amount of the local

9 currency of the eligible country, equal to not less

10 than 40 percent of the price paid for such debt

11 by such eligible country, or the difference between

12 the price paid for such debt and the face value

13 of such debt, to support activities that link con14 servation and sustainable use of natural re15 sources with local community development, and

16 child survival and other child development, in a

17 manner consistent with sections 707 through 710

18 of the Foreign Assistance Act of 1961, if the sale,

19 reduction, or cancellation would not contravene

20 any term or condition of any prior agreement

21 relating to such loan.

22 (2) TERMS AND CONDITIONS.—Notwithstanding

23 any other provision of law, the President shall, in ac24 cordance with this section, establish the terms and
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1 conditions under which loans may be sold, reduced, or

2 canceled pursuant to this section.

3 (3) ADMINISTRATION.—The Facility, as defined

4 in section 702(8) of the Foreign Assistance Act of

5 1961, shall notify the administrator of the agency

6 primarily responsible for administering part I of the

7 Foreign Assistance Act of 1961 of purchasers that the

8 President has determined to be eligible, and shall di9 rect such agency to carry out the sale, reduction, or

10 cancellation of a loan pursuant to this section. Such

11 agency shall make an adjustment in its accounts to

12 reflect the sale, reduction, or cancellation.

13 (4) LIMITATION.—The authorities of this sub14 section shall be available only to the extent that ap15 propriations for the cost of the modification, as de16 fined in section 502 of the Congressional Budget Act

17 of 1974, are made in advance.

18 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

19 sale, reduction, or cancellation of any loan sold, reduced,

20 or canceled pursuant to this section shall be deposited in

21 the United States Government account or accounts estab22 lished for the repayment of such loan.

23 (c) ELIGIBLE PURCHASERS.—A loan may be sold pur24 suant to subsection (a)(1)(A) only to a purchaser who pre25 sents plans satisfactory to the President for using the loan
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1 for the purpose of engaging in debt-for-equity swaps, debt2 for-development swaps, or debt-for-nature swaps.

3 (d) DEBTOR CONSULTATIONS.—Before the sale to any

4 eligible purchaser, or any reduction or cancellation pursu5 ant to this section, of any loan made to an eligible country,

6 the President should consult with the country concerning

7 the amount of loans to be sold, reduced, or canceled and

8 their uses for debt-for-equity swaps, debt-for-development

9 swaps, or debt-for-nature swaps.

10 (e) AVAILABILITY OF FUNDS.—The authority provided

11 by subsection (a) may be used only with regard to funds

12 appropriated by this Act under the heading ‘‘Debt Restruc13 turing’’.

14 ASSISTANCE FOR HAITI

15 SEC. 558. (a) None of the funds appropriated by this

16 or any previous appropriations Act for foreign operations,

17 export financing and related programs shall be made avail18 able for assistance for the central Government of Haiti

19 until—

20 (1) the Secretary of State reports to the Commit21 tees on Appropriations that Haiti has held free and

22 fair elections to seat a new parliament; and

23 (2) the Director of the Office of National Drug

24 Control Policy reports to the Committees on Appro25 priations that the Government of Haiti is fully co-
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1 operating with United States efforts to interdict illicit

2 drug traffic through Haiti to the United States.

3 (b) Not more than 11 percent of the funds appropriated

4 by this Act to carry out the provisions of sections 103

5 through 106 and chapter 4 of part II of the Foreign Assist6 ance Act of 1961, that are made available for Latin Amer7 ica and the Caribbean region may be made available,

8 through bilateral and Latin America and the Caribbean re9 gional programs, to provide assistance for any country in

10 such region.

11 REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN

12 REPORT OF SECRETARY OF STATE

13 SEC. 559. (a) FOREIGN AID REPORTING REQUIRE14 MENT.—In addition to the voting practices of a foreign

15 country, the report required to be submitted to Congress

16 under section 406(a) of the Foreign Relations Authorization

17 Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall

18 include a side-by-side comparison of individual countries’

19 overall support for the United States at the United Nations

20 and the amount of United States assistance provided to

21 such country in fiscal year 2000.

22 (b) UNITED STATES ASSISTANCE.—For purposes of

23 this section, the term ‘‘United States assistance’’ has the

24 meaning given the term in section 481(e)(4) of the Foreign

25 Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
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1 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED

2 NATIONS AGENCIES

3 SEC. 560. (a) PROHIBITION ON VOLUNTARY CON4 TRIBUTIONS FOR THE UNITED NATIONS.—None of the funds

5 appropriated by this Act may be made available to pay

6 any voluntary contribution of the United States to the

7 United Nations (including the United Nations Development

8 Program) if the United Nations implements or imposes any

9 taxation on any United States persons.

10 (b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF

11 FUNDS.—None of the funds appropriated by this Act may

12 be made available to pay any voluntary contribution of the

13 United States to the United Nations (including the United

14 Nations Development Program) unless the President cer15 tifies to the Congress 15 days in advance of such payment

16 that the United Nations is not engaged in any effort to im17 plement or impose any taxation on United States persons

18 in order to raise revenue for the United Nations or any

19 of its specialized agencies.

20 (c) DEFINITIONS.—As used in this section the term

21 ‘‘United States person’’ refers to—

22 (1) a natural person who is a citizen or national

23 of the United States; or
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1 (2) a corporation, partnership, or other legal en2 tity organized under the United States or any State,

3 territory, possession, or district of the United States.

4 HAITI COAST GUARD

5 SEC. 561. The Government of Haiti shall be eligible

6 to purchase defense articles and services under the Arms

7 Export Control Act (22 U.S.C. 2751 et seq.), for the Coast

8 Guard: Provided, That the authority provided by this sec9 tion shall be subject to the regular notification procedures

10 of the Committees on Appropriations.

11 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

12 AUTHORITY

13 SEC. 562. (a) PROHIBITION OF FUNDS.—None of the

14 funds appropriated by this Act to carry out the provisions

15 of chapter 4 of part II of the Foreign Assistance Act of 1961

16 may be obligated or expended with respect to providing

17 funds to the Palestinian Authority.

18 (b) WAIVER.—The prohibition included in subsection

19 (a) shall not apply if the President certifies in writing to

20 the Speaker of the House of Representatives and the Presi21 dent pro tempore of the Senate that waiving such prohibi22 tion is important to the national security interests of the

23 United States.

24 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv25 er pursuant to subsection (b) shall be effective for no more
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1 than a period of 6 months at a time and shall not apply

2 beyond 12 months after the enactment of this Act.

3 LIMITATION ON ASSISTANCE TO SECURITY FORCES

4 SEC. 563. None of the funds made available by this

5 Act may be provided to any unit of the security forces of

6 a foreign country if the Secretary of State has credible evi7 dence that such unit has committed gross violations of

8 human rights, unless the Secretary determines and reports

9 to the Committees on Appropriations that the government

10 of such country is taking effective measures to bring the re11 sponsible members of the security forces unit to justice: Pro12 vided, That nothing in this section shall be construed to

13 withhold funds made available by this Act from any unit

14 of the security forces of a foreign country not credibly al15 leged to be involved in gross violations of human rights:

16 Provided further, That in the event that funds are withheld

17 from any unit pursuant to this section, the Secretary of

18 State shall promptly inform the foreign government of the

19 basis for such action and shall, to the maximum extent

20 practicable, assist the foreign government in taking effective

21 measures to bring the responsible members of the security

22 forces to justice.

23 RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING

24 SANCTUARY TO INDICTED WAR CRIMINALS

25 SEC. 564. (a) BILATERAL ASSISTANCE.—None of the

26 funds made available by this or any prior Act making ap-
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1 propriations for foreign operations, export financing and

2 related programs, may be provided for any country, entity

3 or municipality described in subsection (e).

4 (b) MULTILATERAL ASSISTANCE.—

5 (1) PROHIBITION.—The Secretary of the Treas6 ury shall instruct the United States executive direc7 tors of the international financial institutions to work

8 in opposition to, and vote against, any extension by

9 such institutions of any financial or technical assist10 ance or grants of any kind to any country or entity

11 described in subsection (e).

12 (2) NOTIFICATION.—Not less than 15 days before

13 any vote in an international financial institution re14 garding the extension of financial or technical assist15 ance or grants to any country or entity described in

16 subsection (e), the Secretary of the Treasury, in con17 sultation with the Secretary of State, shall provide to

18 the Committee on Appropriations and the Committee

19 on Foreign Relations of the Senate and the Committee

20 on Appropriations and the Committee on Banking

21 and Financial Services of the House of Representa22 tives a written justification for the proposed assist23 ance, including an explanation of the United States

24 position regarding any such vote, as well as a de25 scription of the location of the proposed assistance by
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1 municipality, its purpose, and its intended bene2 ficiaries.

3 (3) DEFINITION.—The term ‘‘international fi4 nancial institution’’ includes the International Mone5 tary Fund, the International Bank for Reconstruction

6 and Development, the International Development As7 sociation, the International Finance Corporation, the

8 Multilateral Investment Guaranty Agency, and the

9 European Bank for Reconstruction and Development.

10 (c) EXCEPTIONS.—

11 (1) IN GENERAL.—Subject to paragraph (2), sub12 sections (a) and (b) shall not apply to the provision

13 of—

14 (A) humanitarian assistance;

15 (B) democratization assistance;

16 (C) assistance for cross border physical in17 frastructure projects involving activities in both

18 a sanctioned country, entity, or municipality

19 and a nonsanctioned contiguous country, entity,

20 or municipality, if the project is primarily lo21 cated in and primarily benefits the nonsanc22 tioned country, entity, or municipality and if

23 the portion of the project located in the sanc24 tioned country, entity, or municipality is nec25 essary only to complete the project;
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1 (D) small-scale assistance projects or activi2 ties requested by United States Armed Forces

3 that promote good relations between such forces

4 and the officials and citizens of the areas in the

5 United States SFOR sector of Bosnia;

6 (E) implementation of the Brcko Arbitral

7 Decision;

8 (F) lending by the international financial

9 institutions to a country or entity to support

10 common monetary and fiscal policies at the na11 tional level as contemplated by the Dayton

12 Agreement;

13 (G) direct lending to a non-sanctioned enti14 ty, or lending passed on by the national govern15 ment to a non-sanctioned entity; or

16 (H) assistance to the International Police

17 Task Force for the training of a civilian police

18 force.

19 (I) assistance to refugees and internally dis20 placed persons returning to their homes in Bos21 nia from which they had been forced to leave on

22 the basis of their ethnicity.

23 (2) NOTIFICATION.—Every 60 days the Secretary

24 of State, in consultation with the Administrator of

25 the Agency for International Development, shall pub-
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1 lish in the Federal Register and/or in a comparable

2 publicly accessible document or Internet site, a listing

3 and justification of any assistance that is obligated

4 within that period of time for any country, entity, or

5 municipality described in subsection (e), including a

6 description of the purpose of the assistance, project

7 and its location, by municipality.

8 (d) FURTHER LIMITATIONS.—Notwithstanding sub9 section (c)—

10 (1) no assistance may be made available by this

11 Act, or any prior Act making appropriations for for12 eign operations, export financing and related pro13 grams, in any country, entity, or municipality de14 scribed in subsection (e), for a program, project, or

15 activity in which a publicly indicted war criminal is

16 known to have any financial or material interest; and

17 (2) no assistance (other than emergency foods or

18 medical assistance or demining assistance) may be

19 made available by this Act, or any prior Act making

20 appropriations for foreign operations, export financ21 ing and related programs for any program, project,

22 or activity in any sanctioned country, entity, or mu23 nicipality described in subsection (e) in which a per24 son publicly indicted by the Tribunal is in residence

25 or is engaged in extended activity and competent
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1 local authorities have failed to notify the Tribunal or

2 failed to take necessary and significant steps to ap3 prehend and transfer such persons to the Tribunal or

4 in which competent local authorities have obstructed

5 the work of the Tribunal.

6 (e) SANCTIONED COUNTRY, ENTITY, OR MUNICI7 PALITY.—A sanctioned country, entity, or municipality de8 scribed in this section is one whose competent authorities

9 have failed, as determined by the Secretary of State, to take

10 necessary and significant steps to apprehend and transfer

11 to the Tribunal all persons who have been publicly indicted

12 by the Tribunal.

13 (f) SPECIAL RULE.—Subject to subsection (d), sub14 sections (a) and (b) shall not apply to the provision of as15 sistance to an entity that is not a sanctioned entity, not16 withstanding that such entity may be within a sanctioned

17 country, if the Secretary of State determines and so reports

18 to the appropriate congressional committees that providing

19 assistance to that entity would promote peace and inter20 nationally recognized human rights by encouraging that en21 tity to cooperate fully with the Tribunal.

22 (g) CURRENT RECORD OF WAR CRIMINALS AND SANC23 TIONED COUNTRIES, ENTITIES, AND MUNICIPALITIES.—

24 (1) IN GENERAL.—The Secretary of State shall

25 establish and maintain a current record of the loca-
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1 tion, including the municipality, if known, of pub2 licly indicted war criminals and a current record of

3 sanctioned countries, entities, and municipalities.

4 (2) INFORMATION OF THE DCI AND THE SEC5 RETARY OF DEFENSE.—The Director of Central Intel6 ligence and the Secretary of Defense should collect and

7 provide to the Secretary of State information con8 cerning the location, including the municipality, of

9 publicly indicted war criminals.

10 (3) INFORMATION OF THE TRIBUNAL.—The Sec11 retary of State shall request that the Tribunal and

12 other international organizations and governments

13 provide the Secretary of State information concerning

14 the location, including the municipality, of publicly

15 indicted war criminals and concerning country, enti16 ty and municipality authorities known to have ob17 structed the work of the Tribunal.

18 (4) REPORT.—Beginning 30 days after the date

19 of the enactment of this Act, and not later than Sep20 tember 1 each year thereafter, the Secretary of State

21 shall submit a report in classified and unclassified

22 form to the appropriate congressional committees on

23 the location, including the municipality, if known, of

24 publicly indicted war criminals, on country, entity

25 and municipality authorities known to have ob-
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1 structed the work of the Tribunal, and on sanctioned

2 countries, entities, and municipalities.

3 (5) INFORMATION TO CONGRESS.—Upon the re4 quest of the chairman or ranking minority member of

5 any of the appropriate congressional committees, the

6 Secretary of State shall make available to that com7 mittee the information recorded under paragraph (1)

8 in a report submitted to the committee in classified

9 and unclassified form.

10 (h) WAIVER.—

11 (1) IN GENERAL.—The Secretary of State may

12 waive the application of subsection (a) or subsection

13 (b) with respect to specified bilateral programs or

14 international financial institution projects or pro15 grams in a sanctioned country, entity, or munici16 pality upon providing a written determination to the

17 Committee on Appropriations and the Committee on

18 Foreign Relations of the Senate and the Committee on

19 Appropriations and the Committee on International

20 Relations of the House of Representatives that such

21 assistance directly supports the implementation of the

22 Dayton Agreement and its Annexes, which include the

23 obligation to apprehend and transfer indicted war

24 criminals to the Tribunal.
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1 (2) REPORT.—Not later than 15 days after the

2 date of any written determination under paragraph

3 (1) the Secretary of State shall submit a report to the

4 Committees on Appropriations and Foreign Relations

5 and the Select Committee on Intelligence of the Senate

6 and the Committees on Appropriations and Inter7 national Relations and the Permanent Select Com8 mittee on Intelligence of the House of Representatives

9 regarding the status of efforts to secure the voluntary

10 surrender or apprehension and transfer of persons in11 dicted by the Tribunal, in accordance with the Day12 ton Agreement, and outlining obstacles to achieving

13 this goal.

14 (3) ASSISTANCE PROGRAMS AND PROJECTS AF15 FECTED.—Any waiver made pursuant to this sub16 section shall be effective only with respect to a speci17 fied bilateral program or multilateral assistance

18 project or program identified in the determination of

19 the Secretary of State to Congress.

20 (i) TERMINATION OF SANCTIONS.—The sanctions im21 posed pursuant to subsections (a) and (b) with respect to

22 a country or entity shall cease to apply only if the Secretary

23 of State determines and certifies to Congress that the au24 thorities of that country, entity, or municipality have ap-
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1 prehended and transferred to the Tribunal all persons who

2 have been publicly indicted by the Tribunal.

3 (j) DEFINITIONS.—As used in this section—

4 (1) COUNTRY.—The term ‘‘country’’ means Bos5 nia-Herzegovina, Croatia, and Serbia.

6 (2) ENTITY.—The term ‘‘entity’’ refers to the

7 Federation of Bosnia and Herzegovina, Kosova, Mon8 tenegro, and the Republika Srpska.

9 (3) DAYTON AGREEMENT.—The term ‘‘Dayton

10 Agreement’’ means the General Framework Agreement

11 for Peace in Bosnia and Herzegovina, together with

12 annexes relating thereto, done at Dayton, November

13 10 through 16, 1995.

14 (4) TRIBUNAL.—The term ‘‘Tribunal’’ means the

15 International Criminal Tribunal for the Former

16 Yugoslavia.

17 (k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND

18 GOVERNMENT AGENCIES.—In carrying out this section, the

19 Secretary of State, the Administrator of the Agency for

20 International Development, and the executive directors of

21 the international financial institutions shall consult with

22 representatives of human rights organizations and all gov23 ernment agencies with relevant information to help prevent

24 publicly indicted war criminals from benefiting from any
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1 financial or technical assistance or grants provided to any

2 country or entity described in subsection (e).

3 DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN

4 THE RUSSIAN FEDERATION

5 SEC. 565. None of the funds appropriated under this

6 Act may be made available for the Government of the Rus7 sian Federation, after 180 days from the date of the enact8 ment of this Act, unless the President determines and cer9 tifies in writing to the Committees on Appropriations and

10 the Committee on Foreign Relations of the Senate that the

11 Government of the Russian Federation has implemented no

12 statute, executive order, regulation or similar government

13 action that would discriminate, or would have as its prin14 cipal effect discrimination, against religious groups or reli15 gious communities in the Russian Federation in violation

16 of accepted international agreements on human rights and

17 religious freedoms to which the Russian Federation is a

18 party.

19 GREENHOUSE GAS EMISSIONS

20 SEC. 566. (a) Funds made available in this Act to sup21 port programs or activities the primary purpose of which

22 is promoting or assisting country participation in the

23 Kyoto Protocol to the Framework Convention on Climate

24 Change (FCCC) shall only be made available subject to the

25 regular notification procedures of the Committees on Appro26 priations.
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1 (b) The President shall provide a detailed account of

2 all Federal agency obligations and expenditures for climate

3 change programs and activities, domestic and international

4 obligations for such activities in fiscal year 2001, and any

5 plan for programs thereafter related to the implementation

6 or the furtherance of protocols pursuant to, or related to

7 negotiations to amend the FCCC in conjunction with the

8 President’s submission of the Budget of the United States

9 Government for Fiscal Year 2002: Provided, That such re10 port shall include an accounting of expenditures by agency

11 with each agency identifying climate change activities and

12 associated costs by line item as presented in the President’s

13 Budget Appendix: Provided further, That such report shall

14 identify with regard to the Agency for International Devel15 opment, obligations and expenditures by country or central

16 program and activity.

17 AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC

18 OF CONGO

19 SEC. 567. None of the funds appropriated or otherwise

20 made available by this Act may be provided to the Central

21 Government of the Democratic Republic of Congo.

22 ASSISTANCE FOR THE MIDDLE EAST

23 SEC. 568. Of the funds appropriated in titles II and

24 III of this Act under the headings ‘‘Economic Support

25 Fund’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter26 national Military Education and Training’’, ‘‘Peace-
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1 keeping Operations’’, for refugees resettling in Israel under

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

3 assistance for Israel to carry out provisions of chapter 8

4 of part II of the Foreign Assistance Act of 1961 under the

5 heading ‘‘Nonproliferation, Anti-Terrorism, Demining and

6 Related Programs’’, not more than a total of $5,241,150,000

7 may be made available for Israel, Egypt, Jordan, Lebanon,

8 the West Bank and Gaza, the Israel-Lebanon Monitoring

9 Group, the Multinational Force and Observers, the Middle

10 East Regional Democracy Fund, Middle East Regional Co11 operation, and Middle East Multilateral Working Groups:

12 Provided, That any funds that were appropriated under

13 such headings in prior fiscal years and that were at the

14 time of the enactment of this Act obligated or allocated for

15 other recipients may not during fiscal year 2001 be made

16 available for activities that, if funded under this Act, would

17 be required to count against this ceiling: Provided further,

18 That funds may be made available notwithstanding the re19 quirements of this section if the President determines and

20 certifies to the Committees on Appropriations that it is im21 portant to the national security interest of the United

22 States to do so and any such additional funds shall only

23 be provided through the regular notification procedures of

24 the Committees on Appropriations.
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1 ENTERPRISE FUND RESTRICTIONS

2 SEC. 569. Prior to the distribution of any assets result3 ing from any liquidation, dissolution, or winding up of an

4 Enterprise Fund, in whole or in part, the President shall

5 submit to the Committees on Appropriations, in accordance

6 with the regular notification procedures of the Committees

7 on Appropriations, a plan for the distribution of the assets

8 of the Enterprise Fund.

9 CAMBODIA

10 SEC. 570. (a) The Secretary of the Treasury should

11 instruct the United States executive directors of the inter12 national financial institutions to use the voice and vote of

13 the United States to oppose loans to the Central Govern14 ment of Cambodia, except loans to support basic human

15 needs.

16 (b) None of the funds appropriated by this Act may

17 be made available for assistance for the Central Government

18 of Cambodia.

19 FOREIGN MILITARY TRAINING REPORT

20 SEC. 571. (a) The Secretary of Defense and the Sec21 retary of State shall jointly provide to the Congress by

22 March 1, 2001, a report on all military training provided

23 to foreign military personnel (excluding sales, and exclud24 ing training provided to the military personnel of countries

25 belonging to the North Atlantic Treaty Organization) under

26 programs administered by the Department of Defense and
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1 the Department of State during fiscal years 2000 and 2001,

2 including those proposed for fiscal year 2001. This report

3 shall include, for each such military training activity, the

4 foreign policy justification and purpose for the training ac5 tivity, the cost of the training activity, the number of for6 eign students trained and their units of operation, and the

7 location of the training. In addition, this report shall also

8 include, with respect to United States personnel, the oper9 ational benefits to United States forces derived from each

10 such training activity and the United States military units

11 involved in each such training activity. This report may

12 include a classified annex if deemed necessary and appro13 priate.

14 (b) For purposes of this section a report to Congress

15 shall be deemed to mean a report to the Appropriations and

16 Foreign Relations Committees of the Senate and the Appro17 priations and International Relations Committees of the

18 House of Representatives.

19 KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION

20 SEC. 572. (a) Of the funds made available under the

21 heading ‘‘Nonproliferation, Anti-terrorism, Demining and

22 Related Programs’’, not to exceed $55,000,000 may be made

23 available for the Korean Peninsula Energy Development

24 Organization (hereafter referred to in this section as

25 ‘‘KEDO’’), notwithstanding any other provision of law,
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1 only for the administrative expenses and heavy fuel oil costs

2 associated with the Agreed Framework.

3 (b) Such funds may be made available for KEDO only

4 if, 30 days prior to such obligation of funds, the President

5 certifies and so reports to Congress that—

6 (1) the parties to the Agreed Framework have

7 taken and continue to take demonstrable steps to im8 plement the Joint Declaration on Denuclearization of

9 the Korean Peninsula in which the Government of

10 North Korea has committed not to test, manufacture,

11 produce, receive, possess, store, deploy, or use nuclear

12 weapons, and not to possess nuclear reprocessing or

13 uranium enrichment facilities;

14 (2) the parties to the Agreed Framework have

15 taken and continue to take demonstrable steps to pur16 sue the North-South dialogue;

17 (3) North Korea is complying with all provisions

18 of the Agreed Framework;

19 (4) North Korea has not significantly diverted

20 assistance provided by the United States for purposes

21 for which it was not intended;

22 (5) there is no credible evidence that North Korea

23 is seeking to develop or acquire the capability to en24 rich uranium, or any additional capability to reproc25 ess spent nuclear fuel;
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1 (6) North Korea is complying with its commit2 ments regarding access to suspect underground con3 struction at Kumchang-ni;

4 (7) there is no credible evidence that North Korea

5 is engaged in a nuclear weapons program, including

6 efforts to acquire, develop, test, produce, or deploy

7 such weapons; and

8 (8) the United States is continuing to make sig9 nificant progress on eliminating the North Korean

10 ballistic missile threat, including further missile tests

11 and its ballistic missile exports.

12 (c) The President may waive the certification require13 ments of subsection (b) if the President determines that it

14 is vital to the national security interests of the United

15 States and provides written policy justifications to the ap16 propriate congressional committees. No funds may be obli17 gated for KEDO until 30 days after submission to Congress

18 of such waiver.

19 (d) The Secretary of State shall, at the time of the an20 nual presentation for appropriations, submit a report pro21 viding a full and detailed accounting of the fiscal year 2002

22 request for the United States contribution to KEDO, the

23 expected operating budget of KEDO, proposed annual costs

24 associated with heavy fuel oil purchases, including unpaid

25 debt, and the amount of funds pledged by other donor na-
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1 tions and organizations to support KEDO activities on a

2 per country basis, and other related activities.

3 AFRICAN DEVELOPMENT FOUNDATION

4 SEC. 573. Funds made available to grantees of the Af5 rican Development Foundation may be invested pending ex6 penditure for project purposes when authorized by the

7 President of the Foundation: Provided, That interest earned

8 shall be used only for the purposes for which the grant was

9 made: Provided further, That this authority applies to in10 terest earned both prior to and following enactment of this

11 provision: Provided further, That notwithstanding section

12 505(a)(2) of the African Development Foundation Act, in

13 exceptional circumstances the board of directors of the

14 Foundation may waive the $250,000 limitation contained

15 in that section with respect to a project: Provided further,

16 That the Foundation shall provide a report to the Commit17 tees on Appropriations in advance of exercising such waiver

18 authority.

19 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

20 BROADCASTING CORPORATION

21 SEC. 574. None of the funds appropriated or otherwise

22 made available by this Act may be used to provide equip23 ment, technical support, consulting services, or any other

24 form of assistance to the Palestinian Broadcasting Corpora25 tion.
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1 IRAQ

2 SEC. 575. Notwithstanding any other provision of law,

3 of the funds appropriated under the heading ‘‘Economic

4 Support Fund’’, not less than $25,000,000 shall be made

5 available for programs benefiting the Iraqi people, of which

6 not less than $12,000,000 should be made available for food,

7 medicine, and other humanitarian assistance (including re8 lated administrative, communications, logistical, and

9 transportation costs) to be provided to the Iraqi people in10 side Iraq: Provided, That such assistance should be provided

11 through the Iraqi National Congress Support Foundation

12 or the Iraqi National Congress: Provided further, That not

13 less than $6,000,000 of the amounts made available for pro14 grams benefiting the Iraqi people should be made available

15 to the Iraqi National Congress Support Foundation or the

16 Iraqi National Congress for the production and broad17 casting inside Iraq of radio and satellite television pro18 gramming: Provided further, That funds may be made

19 available to support efforts to bring about political transi20 tion in Iraq which may be made available only to Iraqi

21 opposition groups designated under the Iraq Liberation Act

22 (Public Law 105–338) for political, economic, humani23 tarian, and other activities of such groups, and not to ex24 ceed $2,000,000 may be made available for groups and ac25 tivities seeking the prosecution of Saddam Hussein and
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1 other Iraqi government officials for war crimes: Provided

2 further, That none of these funds may be made available

3 for administrative expenses of the Department of State:

4 Provided further, That the President shall, not later than

5 60 days after the date of enactment of this Act, submit to

6 the Committees on Appropriations of the Senate and the

7 House of Representatives a plan (in classified or unclassi8 fied form) for the transfer to the Iraqi National Congress

9 Support Foundation or the Iraqi National Congress of hu10 manitarian assistance for the Iraqi people pursuant to this

11 paragraph, and for the commencement of broadcasting op12 erations pursuant to this paragraph.

13 AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET

14 JUSTIFICATION

15 SEC. 576. The Agency for International Development

16 shall submit to the Committees on Appropriations a de17 tailed budget justification that is consistent with the re18 quirements of section 515, for each fiscal year. The Agency

19 shall submit to the Committees on Appropriations a pro20 posed budget justification format no later than November

21 15, 2000, or 30 days after the enactment of this Act, which22 ever occurs later. The proposed format shall include how

23 the Agency’s budget justification will address: (1) estimated

24 levels of obligations for the current fiscal year and actual

25 levels for the 2 previous fiscal years; (2) the President’s re26 quest for new budget authority and estimated carryover
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1 obligational authority for the budget year; (3) the

2 disaggregation of budget data and staff levels by program

3 and activity for each bureau, field mission, and central of4 fice; and (4) the need for a user-friendly, transparent budget

5 narrative.

6 KYOTO PROTOCOL

7 SEC. 577. None of the funds appropriated by this Act

8 shall be used to propose or issue rules, regulations, decrees,

9 or orders for the purpose of implementation, or in prepara10 tion for implementation, of the Kyoto Protocol, which was

11 adopted on December 11, 1997, in Kyoto, Japan, at the

12 Third Conference of the Parties to the United States Frame13 work Convention on Climate Change, which has not been

14 submitted to the Senate for advice and consent to ratifica15 tion pursuant to article II, section 2, clause 2, of the United

16 States Constitution, and which has not entered into force

17 pursuant to article 25 of the Protocol.

18 WEST BANK AND GAZA PROGRAM

19 SEC. 578. For fiscal year 2001, 30 days prior to the

20 initial obligation of funds for the bilateral West Bank and

21 Gaza Program, the Secretary of State shall certify to the

22 appropriate committees of Congress that procedures have

23 been established to assure the Comptroller General of the

24 United States will have access to appropriate United States

25 financial information in order to review the uses of United
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1 States assistance for the Program funded under the heading

2 ‘‘Economic Support Fund’’ for the West Bank and Gaza.

3 INDONESIA

4 SEC. 579. (a) Funds appropriated by this Act under

5 the headings ‘‘International Military Education and

6 Training’’ and ‘‘Foreign Military Financing Program’’

7 may be made available for Indonesia if the President deter8 mines and submits a report to the appropriate congres9 sional committees that the Government of Indonesia and

10 the Indonesian Armed Forces are—

11 (1) taking effective measures to bring to justice

12 members of the armed forces and militia groups

13 against whom there is credible evidence of human

14 rights violations;

15 (2) taking effective measures to bring to justice

16 members of the armed forces against whom there is

17 credible evidence of aiding or abetting militia groups;

18 (3) allowing displaced persons and refugees to

19 return home to East Timor, including providing safe

20 passage for refugees returning from West Timor;

21 (4) not impeding the activities of the United Na22 tions Transitional Authority in East Timor;

23 (5) demonstrating a commitment to preventing

24 incursions into East Timor by members of militia

25 groups in West Timor; and
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1 (6) demonstrating a commitment to account2 ability by cooperating with investigations and pros3 ecutions of members of the Indonesian Armed Forces

4 and militia groups responsible for human rights vio5 lations in Indonesia and East Timor.

6 MAN AND THE BIOSPHERE

7 SEC. 580. None of the funds appropriated or otherwise

8 made available by this Act may be provided for the United

9 Nations Man and the Biosphere Program or the United Na10 tions World Heritage Fund.

11 TAIWAN REPORTING REQUIREMENT

12 SEC. 581. Not less than 30 days prior to the next round

13 of arms talks between the United States and Taiwan, the

14 President shall consult, on a classified basis, with appro15 priate Congressional leaders and committee chairmen and

16 ranking members regarding the following matters:

17 (1) Taiwan’s requests for purchase of defense ar18 ticles and defense services during the pending round

19 of arms talks;

20 (2) the Administration’s assessment of the legiti21 mate defense needs of Taiwan, in light of Taiwan’s

22 requests; and

23 (3) the decision-making process used by the Ex24 ecutive branch to consider those requests.
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1 RESTRICTION ON UNITED STATES ASSISTANCE FOR

2 CERTAIN RECONSTRUCTION EFFORTS IN CENTRAL EUROPE

3 SEC. 582. Funds appropriated or otherwise made

4 available by this Act for United States assistance for East5 ern Europe and the Baltic States should to the maximum

6 extent practicable be used for the procurement of articles

7 and services of United States origin.

8 RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS

9 DESTABILIZING SIERRA LEONE

10 SEC. 583. (a) None of the funds appropriated by this

11 Act may be made available for assistance for the govern12 ment of any country that the Secretary of State determines

13 there is credible evidence that such government has provided

14 lethal or non-lethal military support or equipment, directly

15 or through intermediaries, within the previous 6 months to

16 the Sierra Leone Revolutionary United Front (RUF), or

17 any other group intent on destabilizing the democratically

18 elected government of the Republic of Sierra Leone.

19 (b) None of the funds appropriated by this Act may

20 be made available for assistance for the government of any

21 country that the Secretary of State determines there is cred22 ible evidence that such government has aided or abetted,

23 within the previous 6 months, in the illicit distribution,

24 transportation, or sale of diamonds mined in Sierra Leone.

25 (c) Whenever the prohibition on assistance required

26 under subsection (a) or (b) is exercised, the Secretary of
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1 State shall notify the Committees on Appropriations in a

2 timely manner.

3 VOLUNTARY SEPARATION INCENTIVES

4 SEC. 584. Section 579(c)(2)(D) of the Foreign Oper5 ations, Export Financing, and Related Programs Appro6 priations Act, 2000, as enacted by section 1000(a)(2) of the

7 Consolidated Appropriations Act, 2000 (Public Law 106–

8 113), is amended by striking ‘‘December 31, 2000’’ and in9 serting in lieu thereof ‘‘December 31, 2001’’.

10 CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

11 SEC. 585. (a) LIMITATIONS ON AMOUNT OF CONTRIBU12 TION.—Of the amounts made available under ‘‘Inter13 national Organizations and Programs’’, not more than

14 $25,000,000 for fiscal year 2001 shall be available for the

15 United Nations Population Fund (hereafter in this sub16 section referred to as the ‘‘UNFPA’’).

17 (b) PROHIBITION ON USE OF FUNDS IN CHINA.—None

18 of the funds made available under ‘‘International Organiza19 tions and Programs’’ may be made available for the

20 UNFPA for a country program in the People’s Republic

21 of China.

22 (c) CONDITIONS ON AVAILABILITY OF FUNDS.—

23 Amounts made available under ‘‘International Organiza24 tions and Programs’’ for fiscal year 2001 for the UNFPA

25 may not be made available to UNFPA unless—
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1 (1) the UNFPA maintains amounts made avail2 able to the UNFPA under this section in an account

3 separate from other accounts of the UNFPA;

4 (2) the UNFPA does not commingle amounts

5 made available to the UNFPA under this section with

6 other sums; and

7 (3) the UNFPA does not fund abortions.

8 (d) REPORT TO THE CONGRESS AND WITHHOLDING OF

9 FUNDS.—

10 (1) Not later than February 15, 2001, the Sec11 retary of State shall submit a report to the appro12 priate congressional committees indicating the

13 amount of funds that the United Nations Population

14 Fund is budgeting for the year in which the report

15 is submitted for a country program in the People’s

16 Republic of China.

17 (2) If a report under subparagraph (A) indicates

18 that the United Nations Population Fund plans to

19 spend funds for a country program in the People’s

20 Republic of China in the year covered by the report,

21 then the amount of such funds that the UNFPA plans

22 to spend in the People’s Republic of China shall be

23 deducted from the funds made available to the

24 UNFPA after March 1 for obligation for the remain25 der of the fiscal year in which the report is submitted.
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1 INDOCHINESE PAROLEES

2 SEC. 586. (a) The status of certain aliens from Viet3 nam, Cambodia, and Laos described in subsection (b) of

4 this section may be adjusted by the Attorney General, under

5 such regulations as she may prescribe, to that of an alien

6 lawfully admitted permanent residence if—

7 (1) within three years after the date of promul8 gation by the Attorney General of regulations in con9 nection with this title the alien makes an application

10 for such adjustment and pays the appropriate fee;

11 (2) the alien is otherwise eligible to receive an

12 immigrant visa and is otherwise admissible to the

13 United States for permanent residence except as de14 scribed in subsection (c); and

15 (3) the alien had been physically present in the

16 United States prior to October 1, 1997.

17 (b) The benefits provided by subsection (a) shall apply

18 to any alien who is a native or citizen of Vietnam, Laos,

19 or Cambodia and who was inspected and paroled into the

20 United States before October 1, 1997 and was physically

21 present in the United States on October 1, 1997; and

22 (1) was paroled into the United States from

23 Vietnam under the auspices of the Orderly Departure

24 Program; or
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1 (2) was paroled into the United States from a

2 refugee camp in East Asia; or

3 (3) was paroled into the United States from a

4 displaced person camp administered by the United

5 Nations High Commissioner for Refugees in Thai6 land.

7 (c) WAIVER OF CERTAIN GROUNDS FOR INADMIS8 SIBILITY.—The provisions of paragraph (4), (5), and (7)(A)

9 and (9) of section 212(a) of the Immigration and Nation10 ality Act shall not be applicable to any alien seeking admis11 sion to the United States under this subsection, and

12 nothwithstanding any other provision of law, the Attorney

13 General may waive 212(a)(1); 212(a)(6)(B), (C), and (F);

14 212(8)(A); 212(a)(10)(B) and (D) with respect to such an

15 alien in order to prevent extreme hardship to the alien or

16 the alien’s spouse, parent, son or daughter, who is a citizen

17 of the United States or an alien lawfully admitted for per18 manent residence. Any such waiver by the Attorney General

19 shall be in writing and shall be granted only on an indi20 vidual basis following an investigation.

21 (d) CEILING.—The number of aliens who may be pro22 vided adjustment of status under this provision shall not

23 exceed 5,000.

24 (e) DATE OF APPROVAL.—Upon the approval of such

25 an application for adjustment of status, the Attorney Gen-
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1 eral shall create a record of the alien’s admission as a law2 ful permanent resident as of the date of the alien’s inspec3 tion and parole described in subsection (b)(1), (b)(2) and

4 (b)(3).

5 (f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

6 When an alien is granted the status of having been lawfully

7 admitted for permanent residence under this section the

8 Secretary of State shall not be required to reduce the num9 ber of immigrant visas authorized to be issued under the

10 Immigration and Nationality Act.

11 AMERICAN CHURCHWOMEN IN EL SALVADOR

12 SEC. 587. (a) Information relevant to the December 2,

13 1980, murders of four American churchwomen in El Sal14 vador shall be made public to the fullest extent possible.

15 (b) The Secretary of State and the Department of State

16 are to be commended for fully releasing information regard17 ing the murders.

18 (c) The President shall order all Federal agencies and

19 departments that possess relevant information to make

20 every effort to declassify and release to the victims’ families

21 relevant information as expeditiously as possible.

22 (d) In making determinations concerning the declas23 sification and release of relevant information, the Federal

24 agencies and departments shall presume in favor of releas25 ing, rather than of withholding, such information.
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1 PROCUREMENT AND FINANCIAL MANAGEMENT REFORM

2 SEC. 588. (a) FUNDING CONDITIONS.—Of the funds

3 made available under the heading ‘‘International Financial

4 Institutions’’ in this Act, 10 percent of the United States

5 portion or payment to such International Financial Insti6 tution shall be withheld by the Secretary of the Treasury,

7 until the Secretary certifies to the Committees on Appro8 priations that, to the extent pertinent to its lending pro9 grams, the institution is—

10 (1) Implementing procedures for conducting an11 nual audits by qualified independent auditors for all

12 new investment lending;

13 (2) Implementing procedures for annual inde14 pendent external audits of central bank financial

15 statements for countries making use of International

16 Monetary Fund resources under new arrangements or

17 agreements with the Fund;

18 (3) Taking steps to establish an independent

19 fraud and corruption investigative organization or of20 fice;

21 (4) Implementing a process to assess a recipient

22 country’s procurement and financial management ca23 pabilities including an analysis of the risks of corrup24 tion prior to initiating new investment lending; and
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1 (5) Taking steps to fund and implement pro2 grams and policies to improve transparency and

3 anti-corruption programs and procurement and fi4 nancial management controls in recipient countries.

5 (b) REPORT.—The Secretary of the Treasury shall re6 port on March 1, 2001 to the Committees on Appropriations

7 on progress made by each International Financial Institu8 tion, and, to the extent pertinent to its lending programs,

9 the International Monetary Fund, to fulfill the objectives

10 identified in subsection (a) and on progress of the Inter11 national Monetary Fund to implement procedures for an12 nual independent external audits of central bank financial

13 statements for countries making use of Fund resources

14 under all new arrangements with the Fund.

15 (c) DEFINITIONS.—The term ‘‘International Financial

16 Institutions’’ means the International Bank for Reconstruc17 tion and Development, the International Development Asso18 ciation, the International Finance Corporation, the Inter19 American Development Bank, the Inter-American Invest20 ment Corporation, the Enterprise for the Americas Multi21 lateral Investment Fund, the Asian Development Bank, the

22 Asian Development Fund, the African Development Bank,

23 the African Development Fund, the European Bank for Re24 construction and Development, and the International Mone25 tary Fund.
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1 COMMERCIAL LEASING OF DEFENSE ARTICLES

2 SEC. 589. Notwithstanding any other provision of law,

3 and subject to the regular notification procedures of the

4 Committees on Appropriations, the authority of section

5 23(a) of the Arms Export Control Act may be used to pro6 vide financing to Israel, Egypt and NATO and major non7 NATO allies for the procurement by leasing (including leas8 ing with an option to purchase) of defense articles from

9 United States commercial suppliers, not including Major

10 Defense Equipment (other than helicopters and other types

11 of aircraft having possible civilian application), if the

12 President determines that there are compelling foreign pol13 icy or national security reasons for those defense articles

14 being provided by commercial lease rather than by govern15 ment-to-government sale under such Act.

16 FOREIGN MILITARY EXPENDITURES REPORT

17 SEC. 590. Section 511(b) of the Foreign Operations,

18 Export Financing, and Related Programs Appropriations

19 Act, 1993 (Public Law 102–391) is amended by repealing

20 paragraph (2) relating to military expenditures.

21 ABOLITION OF THE INTER-AMERICAN FOUNDATION

22 SEC. 591. Section 586 of the Foreign Operations, Ex23 port Financing, and Related Programs Appropriations Act,

24 2000, as enacted by section 1000(a)(2) of Public Law 106–

25 113, is amended—
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1 (1) in subsection (b), by striking ‘‘year 2000’’

2 and inserting in lieu thereof ‘‘years 2000 and 2001’’;

3 and

4 (2) in subsection (c)(2), by striking ‘‘6290f’’ and

5 inserting in lieu thereof ‘‘290f’’.

6 REPEAL OF REQUIREMENT FOR ANNUAL GAO REPORT ON

7 THE FINANCIAL OPERATIONS OF THE INTERNATIONAL

8 MONETARY FUND

9 SEC. 592. Section 1706 of the International Financial

10 Institutions Act (22 U.S.C. 262r–5) is repealed.

11 EXTENSION OF GAO AUTHORITIES

12 SEC. 593. The funds made available to the Comptroller

13 General pursuant to Title I, Chapter 4 of Public Law 106–

14 31 shall remain available until expended.

15 FUNDING FOR SERBIA

16 SEC. 594. (a) Of funds made available in this Act, up

17 to $100,000,000 may be made available for assistance for

18 Serbia: Provided, That none of these funds may be made

19 available for assistance for Serbia after March 31, 2001 un20 less the President has made the determination and certifi21 cation contained in subsection (c).

22 (b) After March 31, 2001, the Secretary of the Treasury

23 should instruct the United States executive directors to

24 international financial institutions to support loans and

25 assistance to the Government of the Federal Republic of

26 Yugoslavia subject to the conditions in subsection (c): Pro-
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1 vided, That section 576 of the Foreign Operations, Export

2 Financing, and Related Programs Appropriations Act,

3 1997, as amended, shall not apply to the provision of loans

4 and assistance to the Federal Republic of Yugoslavia

5 through international financial institutions.

6 (c) The determination and certification referred to in

7 subsection (a) is a determination by the President and a

8 certification to the Committees on Appropriations of the

9 House of Representatives and the Senate that the Govern10 ment of the Federal Republic of Yugoslavia is—

11 (1) cooperating with the International Criminal

12 Tribunal for Yugoslavia including access for inves13 tigators, the provision of documents, and the sur14 render and transfer of indictees or assistance in their

15 apprehension;

16 (2) taking steps that are consistent with the

17 Dayton Accords to end Serbian financial, political,

18 security and other support which has served to main19 tain separate Republika Srpska institutions; and

20 (3) taking steps to implement policies which re21 flect a respect for minority rights and the rule of law.

22 (d) Subsections (b), (c), and (d) shall not apply to

23 Montenegro, Kosova, humanitarian assistance or assistance

24 to promote democracy in municipalities.
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1 (e) The Secretary of State should instruct the United

2 States representatives to regional and international organi3 zations to support membership for the Government of the

4 Federal Republic of Yugoslavia (FRY) subject to a certifi5 cation by the President to the Committees on Appropria6 tions of the House of Representatives and the Senate that

7 the FRY has applied for membership on the same basis as

8 the other successor states to the FRY and has taken appro9 priate steps to resolve issues related to state liabilities, as10 sets and property.

11 FORESTRY INITIATIVE

12 SEC. 595. (a) The provisions of S. 3140 of the 106th

13 Congress, as introduced on September 28, 2000 are hereby

14 enacted into law.

15 (b) In publishing the Act in slip form and in the

16 United States Statutes at Large pursuant to section 112,

17 of title 1, United States Code, the Archivist of the United

18 States shall include after the date of approval at the end

19 appendixes setting forth the texts of the bill referred to in

20 subsection (a) of this section.

21 USER FEES

22 SEC. 596. The Secretary of the Treasury shall instruct

23 the United States Executive Director at each international

24 financial institution (as defined in section 1701(c)(2) of the

25 International Financial Institutions Act) and the Inter26 national Monetary Fund to oppose any loan of these insti-
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1 tutions that would require user fees or service charges on

2 poor people for primary education or primary healthcare,

3 including prevention and treatment efforts for HIV/AIDS,

4 malaria, tuberculosis, and infant, child, and maternal well5 being, in connection with the institutions’ lending pro6 grams.

7 BASIC EDUCATION ASSISTANCE FOR PAKISTAN

8 SEC. 597. Funds appropriated by this Act to carry out

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

10 II of the Foreign Assistance Act of 1961 may be made avail11 able for assistance for basic education programs for Paki12 stan, notwithstanding any provision of law that restricts

13 assistance to foreign countries: Provided, That such assist14 ance is subject to the regular notification procedures of the

15 Committees on Appropriations.

16 AUTHORIZATION FOR POPULATION PLANNING

17 SEC. 598. Not to exceed $425,000,000 of the funds ap18 propriated in title II of this Act may be available for popu19 lation planning activities or other population assistance:

20 Provided, That notwithstanding section 614 of the Foreign

21 Assistance Act of 1961, or any other provision of law, none

22 of such funds may be obligated or expended until February

23 15, 2001.
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1 TITLE VI—EMERGENCY SUPPLEMENTAL

2 APPROPRIATIONS

3 BILATERAL ECONOMIC ASSISTANCE

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 AGENCY FOR INTERNATIONAL DEVELOPMENT

6 INTERNATIONAL DISASTER ASSISTANCE

7 For an additional amount for ‘‘International Disaster

8 Assistance’’, $135,000,000, for rehabilitation and recon9 struction assistance for Mozambique, Madagascar, and

10 southern Africa, to remain available until expended: Pro11 vided, That none of the funds appropriated under this head12 ing may be made available for nonproject assistance: Pro13 vided further, That prior to any obligation of funds appro14 priated under this heading, the Administrator of the Agency

15 for International Development shall provide the Committees

16 on Appropriations with a detailed report containing the

17 amount of the proposed obligation and a description of the

18 programs and projects, on a country-by-country basis, to

19 be funded with such amount: Provided further, That up to

20 $12,000,000 of the funds appropriated under this heading

21 may be charged to finance obligations for which appropria22 tions available under chapter 1 and 10 of part I of the For23 eign Assistance Act of 1961 were initially charged for as24 sistance for rehabilitation and reconstruction for Mozam25 bique, Madagascar, and southern Africa: Provided further,

26 That of the funds appropriated under this heading, up to
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1 $5,000,000 may be used for administrative expenses, in2 cluding auditing costs, of the Agency for International De3 velopment associated with the assistance furnished under

4 this heading: Provided further, That the entire amount is

5 designated by the Congress as an emergency requirement

6 pursuant to section 251(b)(2)(A) of the Balanced Budget

7 and Emergency Deficit Control Act of 1985, as amended:

8 Provided further, That the entire amount provided shall be

9 available only to the extent an official budget request that

10 includes designation of the entire amount of the request as

11 an emergency requirement as defined in the Balanced

12 Budget and Emergency Deficit Control Act of 1985, as

13 amended, is transmitted by the President to the Congress.

14 OPERATING EXPENSES OF THE AGENCY FOR

15 INTERNATIONAL DEVELOPMENT

16 For an additional amount for ‘‘Operating Expenses of

17 the Agency for International Development’’, $13,000,000, to

18 remain available until September 30, 2001: Provided, That

19 the entire amount is designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A) of the

21 Balanced Budget and Emergency Deficit Control Act of

22 1985, as amended: Provided further, That the amount pro23 vided shall be available only to the extent that an official

24 budget request that includes designation of the entire

25 amount as an emergency requirement pursuant to section

26 251(b)(2)(A) of the Balanced Budget and Emergency Def-
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1 icit Control Act of 1985, as amended, is transmitted by the

2 President to the Congress.

3 OTHER BILATERAL ECONOMIC ASSISTANCE

4 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

5 STATES

6 For an additional amount for ‘‘Assistance for Eastern

7 Europe and the Baltic States’’, $75,825,000, to remain

8 available until September 30, 2002: Provided, That this

9 amount shall only be available for assistance for Monte10 negro, Croatia, and Serbia: Provided further, That the en11 tire amount is designated by the Congress as an emergency

12 requirement pursuant to section 251(b)(2)(A) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985,

14 as amended: Provided further, That the amount provided

15 shall be available only to the extent that an official budget

16 request that includes designation of the entire amount as

17 an emergency requirement pursuant to section 251(b)(2)(A)

18 of the Balanced Budget and Emergency Deficit Control Act

19 of 1985, as amended, is transmitted by the President to the

20 Congress.

21 MILITARY ASSISTANCE

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL MILITARY EDUCATION AND TRAINING

24 For an additional amount for ‘‘International Military

25 Education and Training’’, $2,875,000, to remain available
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1 until September 30, 2002, for grants to countries of the Bal2 kans and southeast Europe: Provided, That funds appro3 priated in this paragraph shall be made available notwith4 standing section 10 of Public Law 91–672 and section 15

5 of the State Department Basic Authorities Act of 1956: Pro6 vided further, That the entire amount is designated by the

7 Congress as an emergency requirement pursuant to section

8 251(b)(2)(A) of the Balanced Budget and Emergency Def9 icit Control Act of 1985, as amended: Provided further,

10 That the amount provided shall be available only to the ex11 tent that an official budget request that includes designation

12 of the entire amount as an emergency requirement pursuant

13 to section 251(b)(2)(A) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985, as amended, is trans15 mitted by the President to the Congress.

16 FOREIGN MILITARY FINANCING PROGRAM

17 For an additional amount for ‘‘Foreign Military Fi18 nancing Program’’, to enable the President to carry out sec19 tion 23 of the Arms Export Control Act, $31,000,000, to

20 remain available until September 30, 2002, for grants to

21 countries of the Balkans and southeast Europe: Provided,

22 That funds appropriated in this paragraph shall be made

23 available notwithstanding section 10 of Public Law 91–672

24 and section 15 of the State Department Basic Authorities

25 Act of 1956: Provided further, That funds made available

26 under this heading shall be nonrepayable, notwithstanding
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1 sections 23(b) and 23(c) of the Act: Provided further, That

2 the entire amount is designated by the Congress as an emer3 gency requirement pursuant to section 251(b)(2)(A) of the

4 Balanced Budget and Emergency Deficit Control Act of

5 1985, as amended: Provided further, That the amount pro6 vided shall be available only to the extent that an official

7 budget request that includes designation of the entire

8 amount as an emergency requirement pursuant to section

9 251(b)(2)(A) of the Balanced Budget and Emergency Def10 icit Control Act of 1985, as amended, is transmitted by the

11 President to the Congress.

12 DEPARTMENT OF THE TREASURY

13 DEBT RESTRUCTURING

14 For an additional amount for ‘‘Debt restructuring’’

15 $210,000,000 for a contribution to the ‘‘Heavily Indebted

16 Poor Countries Trust Fund’’ of the International Bank for

17 Reconstruction and Development (HIPC Trust Fund): Pro18 vided, That the entire amount is designated by the Congress

19 as an emergency requirement pursuant to section

20 251(b)(2)(A) of the Balanced Budget and Emergency Def21 icit Control Act of 1985, as amended: Provided further,

22 That the entire amount provided shall be available only to

23 the extent an official budget request that includes designa24 tion of the entire amount as an emergency requirement as

25 defined in the Balanced Budget and Emergency Deficit
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1 Control Act of 1985, as amended, is transmitted by the

2 President to the Congress.

3 GENERAL PROVISIONS—THIS TITLE

4 SEC. 601. LIMITATION ON SUPPLEMENTAL FUNDS FOR

5 POPULATION PLANNING.—Amounts appropriated under

6 this title or under any other provision of law for fiscal year

7 2001 that are in addition to the funds made available under

8 title II of this Act shall be deemed to have been appropriated

9 under title II of such Act and shall be subject to all limita10 tions and restrictions contained in section 599 of this Act,

11 notwithstanding section 543 of this Act.

12 TITLE VII—DEBT REDUCTION

13 DEPARTMENT OF THE TREASURY

14 BUREAU OF THE PUBLIC DEBT

15 GIFTS TO THE UNITED STATES FOR REDUCTION OF THE

16 PUBLIC DEBT

17 For deposit of an additional amount for fiscal year

18 2001 into the account established under section 3113(d) of

19 title 31, United States Code, to reduce the public debt,

20 $5,000,000,000.

21 GENERAL PROVISION

22 ADJUSTMENT OF 2001 DISCRETIONARY SPENDING CAPS

23 SEC. 701. (a) Section 251(c)(5) of the Balanced Budget

24 and Emergency Deficit Control Act of 1985 (2 U.S.C.
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1 901(c)(5)) is amended by striking subparagraph (A) and

2 inserting the following:

3 ‘‘(A) for the discretionary category:

4 $637,000,000,000 in new budget authority and

5 $612,695,000,000 in outlays;’’.

6 (b)(1) Except as provided in paragraph (2), in pre7 paring the report in calendar year 2000 as required by sec8 tion 254(f) of the Balanced Budget and Emergency Deficit

9 Control Act of 1985 (2 U.S.C. 904(f)) with respect to fiscal

10 year 2001, the Office of Management and Budget shall not

11 make the calculations required by section 251(b)(2) of the

12 Balanced Budget and Emergency Deficit Control Act of

13 1985.

14 (2) Paragraph (1) shall not apply to the calculations

15 permitted by subparagraph (B), (C), (F), and (G) of section

16 251(b)(2) of the Balanced Budget and Emergency Deficit

17 Control Act of 1985.

18 (c) Under the terms of section 251(b)(2) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985

20 adjustments for rounding shall be provided for the first

21 amount referred to in section 251(c)(5)(A) of such Act, as

22 amended by this section, equal to 0.5 percent of such

23 amount.
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1 TITLE VIII—INTERNATIONAL DEBT FORGIVE2 NESS AND INTERNATIONAL FINANCIAL INSTI3 TUTIONS REFORM

4 SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED

5 POOR COUNTRIES (HIPC) INITIATIVE.

6 (a) REPEAL OF LIMITATION ON AVAILABILITY OF

7 EARNINGS ON PROFITS OF NONPUBLIC GOLD SALES.—

8 Paragraph (1) of section 62 of the Bretton Woods Agree9 ments Act, as added by section 503(a) of H.R. 3425 of the

10 106th Congress (as enacted by section 1000(a)(5) of Public

11 Law 106–113 (113 Stat. 1536)), is amended—

12 (1) by adding ‘‘and’’ at the end of subparagraph

13 (B); and

14 (2) by striking subparagraph (D).

15 (b) CONTRIBUTIONS TO HIPC TRUST FUND.—

16 (1) AUTHORIZATION OF APPROPRIATIONS FOR

17 CONTRIBUTIONS.—There is authorized to be appro18 priated for the period beginning October 1, 2000, and

19 ending September 30, 2003, $435,000,000 for pur20 poses of United States contributions to the Heavily

21 Indebted Poor Countries (HIPC) Trust Fund admin22 istered by the Bank.

23 (2) AVAILABILITY OF AMOUNTS.—Amounts ap24 propriated pursuant to the authorization of appro-
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1 priations in paragraph (1) shall remain available

2 until expended.

3 (c) CERTIFICATION REQUIRED.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), not later than 30 days after the date of en6 actment of this Act, the Secretary shall certify to the

7 appropriate congressional committees that the fol8 lowing requirements are satisfied:

9 (A) IMPLEMENTATION BY THE BANK OF

10 CERTAIN POLICIES.—The Bank is

11 implementing—

12 (i) policies providing for the suspen13 sion of a loan if funds are being diverted for

14 purposes other than the purpose for which

15 the loan was intended;

16 (ii) policies seeking to prevent loans

17 from displacing private sector financing;

18 (iii) policies requiring that loans other

19 than project loans must be disbursed—

20 (I) on the basis of specific prior

21 reforms; or

22 (II) incrementally upon imple23 mentation of specific reforms after ini24 tial disbursement;
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1 (iv) policies seeking to minimize the

2 number of projects receiving financing that

3 would displace a population involuntarily

4 or be to the detriment of the people or cul5 ture of the area into which the displaced

6 population is to be moved;

7 (v) policies vigorously promoting open

8 markets and liberalization of trade in goods

9 and services;

10 (vi) policies providing that financing

11 by the Bank concentrates chiefly on projects

12 and programs that promote economic and

13 social progress rather than short-term li14 quidity financing; and

15 (vii) policies providing for the estab16 lishment of appropriate qualitative and

17 quantitative indicators to measure progress

18 toward graduation from receiving financing

19 on concessionary terms, including an esti20 mated timetable by which countries may

21 graduate over the next 15 years.

22 (B) IMPLEMENTATION BY THE FUND OF

23 CERTAIN POLICIES.—The Fund is

24 implementing—
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1 (i) policies providing for the suspen2 sion of a financing if funds are being di3 verted for purposes other than the purpose

4 for which the financing was intended;

5 (ii) policies seeking to ensure that fi6 nancing by the Fund normally serves as a

7 catalyst for private sector financing and

8 does not displace such financing;

9 (iii) policies requiring that financing

10 must be disbursed—

11 (I) on the basis of specific prior

12 reforms; or

13 (II) incrementally upon imple14 mentation of specific reforms after ini15 tial disbursement;

16 (iv) policies vigorously promoting open

17 markets and liberalization of trade in goods

18 and services;

19 (v) policies providing that financing

20 by the Fund concentrates chiefly on short21 term balance of payments financing; and

22 (vi) policies providing for the use, in

23 conjunction with the Bank, of appropriate

24 qualitative and quantitative indicators to

25 measure progress toward graduation from
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1 receiving financing on concessionary terms,

2 including an estimated timetable by which

3 countries may graduate over the next 15

4 years.

5 (2) EXCEPTION.—In the event that the Secretary

6 cannot certify that a policy described in paragraph

7 (1)(A) or (1)(B) is being implemented, the Secretary

8 shall, not later than 30 days after the date of enact9 ment of this Act, submit a report to the appropriate

10 congressional committees on the progress, if any,

11 made by the Bank or the Fund in adopting and im12 plementing such policy, as the case may be.

13 SEC. 802. STRENGTHENING PROCEDURES FOR MONI14 TORING USE OF FUNDS BY MULTILATERAL

15 DEVELOPMENT BANKS.

16 (a) IN GENERAL.—The Secretary shall instruct the

17 United States Executive Director of each multilateral devel18 opment bank to exert the influence of the United States to

19 strengthen the bank’s procedures and management controls

20 intended to ensure that funds disbursed by the bank to bor21 rowing countries are used as intended and in a manner

22 that complies with the conditions of the bank’s loan to that

23 country.

24 (b) PROGRESS EVALUATION.—Not later than 180 days

25 after the date of enactment of this Act, the Secretary shall
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1 submit to the appropriate congressional committees a report

2 evaluating the progress made toward achieving the objec3 tives of subsection (a), including a description of—

4 (1) any progress made in improving the super5 vision, monitoring, and auditing of programs and

6 projects supported by each multilateral development

7 bank, in order to identify and reduce bribery and cor8 ruption;

9 (2) any progress made in developing each multi10 lateral development bank’s priorities for allocating

11 anticorruption assistance;

12 (3) country-specific anticorruption programs

13 supported by each multilateral development bank;

14 (4) actions taken to identify and discipline mul15 tilateral development bank employees suspected of

16 knowingly being involved in corrupt activities; and

17 (5) the outcome of efforts to harmonize procure18 ment practices across all multilateral development

19 banks.

20 SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MAN21 AGEMENT OF INTERNATIONAL FINANCIAL IN22 STITUTIONS.

23 (a) ANNUAL REPORT ON FINANCIAL OPERATIONS.—

24 Beginning 180 days after the date of enactment of this Act,

25 or October 31, 2000, whichever is later, and on October 31
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1 of each year thereafter, the Comptroller General of the

2 United States shall submit to the appropriate congressional

3 committees a report on the sufficiency of audits of the finan4 cial operations of each multilateral development bank con5 ducted by persons or entities outside such bank.

6 (b) ANNUAL REPORT ON UNITED STATES SUPPORTED

7 POLICIES.—Beginning 180 days after the date of enactment

8 of this Act, or October 31, 2000, whichever is later, and

9 on October 31 of each year thereafter, the Secretary shall

10 submit a report to the appropriate congressional committees

11 on—

12 (1) the actions taken by recipient countries, as a

13 result of the assistance allocated to them by the multi14 lateral development banks under programs referred to

15 in section 802(b), to strengthen governance and reduce

16 the opportunity for bribery and corruption; and

17 (2) how International Development Association18 financed projects contribute to the eventual gradua19 tion of a representative sample of countries from reli20 ance on financing on concessionary terms and inter21 national development assistance.

22 (c) AMENDMENT OF REPORT ON FUND.—Section

23 1705(a) of the International Financial Institutions Act (22

24 U.S.C. 262r–4(a)) is amended—

25 (1) by inserting ‘‘(1)’’ before ‘‘the progress’’; and
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1 (2) by inserting before the period at the end the

2 following: ‘‘, and (2) the progress made by the Inter3 national Monetary Fund in adopting and imple4 menting the policies described in section 801(c)(1)(B)

5 of the Foreign Operations, Export Financing, and

6 Related Programs Appropriations Act, 2001’’.

7 (d) REPORT ON DEBT RELIEF.—Not later than 90

8 days after the date of enactment of this Act, the Secretary

9 shall submit a report to the appropriate congressional com10 mittees on the history of debt relief programs led by, or co11 ordinated with, international financial institutions, includ12 ing but not limited to—

13 (1) the extent to which poor countries and the

14 poorest-of-the-poor benefit from debt relief, including

15 measurable evidence of any such benefits; and

16 (2) the extent to which debt relief contributes to

17 the graduation of a country from reliance on financ18 ing on concessionary terms and international develop19 ment assistance.

20 SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTER21 NATIONAL FINANCIAL INSTITUTIONS.

22 Section 209(d) of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2169(d); relating to bilateral funding for inter24 national financial institutions) is repealed.
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1 SEC. 805. REFOCUSED ACTIVITIES OF THE IMF. The

2 Bretton Woods Agreement Act is amended by adding the

3 following new section—

4 ‘‘SEC. 63. PRINCIPLES FOR INTERNATIONAL MONETARY

5 FUND LENDING.

6 ‘‘It is the policy of the United States to work to imple7 ment reforms in the International Monetary Fund (IMF)

8 to achieve the following goals:

9 ‘‘(a) SHORT-TERM BALANCE OF PAYMENTS FINANC10 ING.—Lending from the general resources of the Fund

11 should concentrate chiefly on short-term balance of pay12 ments financing.

13 ‘‘(b) LIMITATIONS ON MEDIUM-TERM FINANCING.—

14 Use of medium-term lending from the general resources of

15 the Fund should be limited to a set of well-defined cir16 cumstances, such as—

17 ‘‘(1) when a member’s balance of payments prob18 lems will be protracted,

19 ‘‘(2) such member has a strong structural reform

20 program in place, and

21 ‘‘(3) the member has little or no access to private

22 sources of capital.

23 ‘‘(c) PREMIUM PRICING.—Premium pricing should be

24 introduced for lending from the general resources of the

25 Fund, for greater than 200 per centum of a member’s quota
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1 in the Fund, to discourage excessive use of Fund lending

2 and to encourage members to rely on private financing to

3 the maximum extent possible.

4 ‘‘(d) REDRESSING MISREPORTING OF INFORMATION.—

5 The Fund should have in place and apply systematically

6 a strong framework of safeguards and measures to respond

7 to, correct, and discourage cases of misreporting of informa8 tion in the context of a Fund program, including—

9 ‘‘(1) Suspending Fund disbursements and ensur10 ing that Fund lending is not resumed to members

11 that engage in serious misreporting of material infor12 mation until such time as remedial actions and sanc13 tions, as appropriate, have been applied;

14 ‘‘(2) Ensuring that members make early repay15 ments, where appropriate, of Fund resources dis16 bursed on the basis of misreported information;

17 ‘‘(3) Making public cases of serious misreporting

18 of material information;

19 ‘‘(4) Requiring all members receiving new dis20 bursements from the Fund to undertake annually

21 independent audits of central bank financial state22 ments and publish the resulting audits; and

23 ‘‘(5) Requiring all members seeking new loans

24 from the Fund to provide to the Fund detailed infor25 mation regarding their internal control procedures,
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1 financial reporting and audit mechanisms and, in

2 cases where there are questions about the adequacy of

3 these systems, undertaking an on-site review and

4 identifying needed remedies.’’.

5 SEC. 806. DEFINITIONS.

6 In this title:

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional commit9 tees’’ means the Committee on Foreign Relations and

10 the Committee on Appropriations of the Senate, and

11 the Committee on Banking and Financial Services

12 and the Committee on Appropriations of the House of

13 Representatives.

14 (2) BANK.—The term ‘‘Bank’’ means the Inter15 national Bank for Reconstruction and Development.

16 (3) FUND.—The term ‘‘Fund’’ means the Inter17 national Monetary Fund.

18 (4) INTERNATIONAL FINANCIAL INSTITUTIONS.—

19 The term ‘‘international financial institutions’’

20 means the multilateral development banks and the

21 International Monetary Fund.

22 (5) MULTILATERAL DEVELOPMENT BANKS.—The

23 term ‘‘multilateral development banks’’ means the

24 International Bank for Reconstruction and Develop25 ment, the International Development Association, the
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1 International Finance Corporation, the Inter-Amer2 ican Development Bank, the Asian Development

3 Bank, the Inter-American Investment Corporation,

4 the African Development Bank, the African Develop5 ment Fund, the European Bank for Reconstruction

6 and Development, and the Multilateral Investment

7 Guaranty Agency.

8 (6) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Treasury.

10 This Act may be cited as the ‘‘Foreign Operations, Ex11 port Financing, and Related Programs Appropriations Act,

12 2001’’.

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