PUBLIC LAW 106–309—OCT. 17, 2000

MICROENTERPRISE FOR SELF-RELIANCE AND

INTERNATIONAL ANTI-CORRUPTION ACT OF

2000

114 STAT. 1078 PUBLIC LAW 106–309—OCT. 17, 2000

Public Law 106–309

106th Congress

An Act

To establish a program to provide assistance for programs of credit and other

financial services for microenterprises in developing countries, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Microenterprise for Self-Reliance

and International Anti-Corruption Act of 2000’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—MICROENTERPRISE FOR SELF-RELIANCE ACT OF 2000

Sec. 101. Short title.

Sec. 102. Findings and declarations of policy.

Sec. 103. Purposes.

Sec. 104. Definitions.

Sec. 105. Microenterprise development grant assistance.

Sec. 106. Micro- and small enterprise development credits.

Sec. 107. United States Microfinance Loan Facility.

Sec. 108. Report relating to future development of microenterprise institutions.

Sec. 109. United States Agency for International Development as global leader and

coordinator of bilateral and multilateral microenterprise assistance

activities.

Sec. 110. Sense of the Congress on consideration of Mexico as a key priority in

microenterprise funding allocations.

TITLE II—INTERNATIONAL ANTI-CORRUPTION AND GOOD GOVERNANCE

ACT OF 2000

Sec. 201. Short title.

Sec. 202. Findings and purpose.

Sec. 203. Development assistance policy.

Sec. 204. Department of the Treasury technical assistance program for developing

countries.

Sec. 205. Authorization of good governance programs.

TITLE III—INTERNATIONAL ACADEMIC OPPORTUNITY ACT OF 2000

Sec. 301. Short title.

Sec. 302. Statement of purpose.

Sec. 303. Establishment of grant program for foreign study by American college

students of limited financial means.

Sec. 304. Report to Congress.

Sec. 305. Authorization of appropriations.

Sec. 306. Effective date.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Support for Overseas Cooperative Development Act.

Sec. 402. Funding of certain environmental assistance activities of USAID.

22 USC 2151

note.

Microenterprise

for Self-Reliance

and International

Anti-Corruption

Act of 2000.

Oct. 17, 2000

[H.R. 1143]

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1079

Sec. 403. Processing of applications for transportation of humanitarian assistance

abroad by the Department of Defense. Sec. 404. Working capital fund.

Sec. 405. Increase in authorized number of employees and representatives of the

United States mission to the United Nations provided living quarters in

New York.

Sec. 406. Availability of VOA and Radio Marti multilingual computer readable text

and voice recordings. Sec. 407. Availability of certain materials of the Voice of America.

Sec. 408. Paul D. Coverdell Fellows Program Act of 2000.

TITLE I—MICROENTERPRISE FOR SELFRELIANCE ACT OF 2000

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Microenterprise for Self-Reliance

Act of 2000’’.

SEC. 102. FINDINGS AND DECLARATIONS OF POLICY.

Congress makes the following findings and declarations:

(1) According to the World Bank, more than 1,200,000,000

people in the developing world, or one-fifth of the world’s population, subsist on less than $1 a day.

(2) Over 32,000 of their children die each day from largely

preventable malnutrition and disease.

(3)(A) Women in poverty generally have larger work loads

and less access to educational and economic opportunities than

their male counterparts.

(B) Directly aiding the poorest of the poor, especially

women, in the developing world has a positive effect not only

on family incomes, but also on child nutrition, health and

education, as women in particular reinvest income in their

families.

(4)(A) The poor in the developing world, particularly

women, generally lack stable employment and social safety

nets.

(B) Many turn to self-employment to generate a substantial

portion of their livelihood. In Africa, over 80 percent of employment is generated in the informal sector of the self-employed

poor.

(C) These poor entrepreneurs are often trapped in poverty

because they cannot obtain credit at reasonable rates to build

their asset base or expand their otherwise viable self-employment activities.

(D) Many of the poor are forced to pay interest rates

as high as 10 percent per day to money lenders.

(5)(A) The poor are able to expand their incomes and their

businesses dramatically when they can access loans at reasonable interest rates.

(B) Through the development of self-sustaining microfinance programs, poor people themselves can lead the fight

against hunger and poverty.

(6)(A) On February 2–4, 1997, a global Microcredit Summit

was held in Washington, District of Columbia, to launch a

plan to expand access to credit for self-employment and other

financial and business services to 100,000,000 of the world’s

poorest families, especially the women of those families, by

2005. While this scale of outreach may not be achievable in

22 USC 2151f

note.

22 USC 2151

note.

Microenterprise

for Self-Reliance

Act of 2000.

114 STAT. 1080 PUBLIC LAW 106–309—OCT. 17, 2000

this short time-period, the realization of this goal could dramatically alter the face of global poverty.

(B) With an average family size of five, achieving this

goal will mean that the benefits of microfinance will thereby

reach nearly half of the world’s more than 1,000,000,000

absolute poor people.

(7)(A) Nongovernmental organizations, such as those that

comprise the Microenterprise Coalition (such as the Grameen

Bank (Bangladesh), K–REP (Kenya), and networks such as

Accion International, the Foundation for International Community Assistance (FINCA), and the credit union movement) are

successful in lending directly to the very poor.

(B) Microfinance institutions such as BRAC (Bangladesh),

BancoSol (Bolivia), SEWA Bank (India), and ACEP (Senegal)

are regulated financial institutions that can raise funds directly

from the local and international capital markets.

(8)(A) Microenterprise institutions not only reduce poverty,

but also reduce the dependency on foreign assistance.

(B) Interest income on the credit portfolio is used to pay

recurring institutional costs, assuring the long-term sustainability of development assistance.

(9) Microfinance institutions leverage foreign assistance

resources because loans are recycled, generating new benefits

to program participants.

(10)(A) The development of sustainable microfinance

institutions that provide credit and training, and mobilize

domestic savings, is a critical component to a global strategy

of poverty reduction and broad-based economic development.

(B) In the efforts of the United States to lead the development of a new global financial architecture, microenterprise

should play a vital role. The recent shocks to international

financial markets demonstrate how the financial sector can

shape the destiny of nations. Microfinance can serve as a powerful tool for building a more inclusive financial sector which

serves the broad majority of the world’s population including

the very poor and women and thus generate more social stability and prosperity.

(C) Over the last two decades, the United States has been

a global leader in promoting the global microenterprise sector,

primarily through its development assistance programs at the

United States Agency for International Development. Additionally, the Department of the Treasury and the Department

of State have used their authority to promote microenterprise

in the development programs of international financial institutions and the United Nations.

(11)(A) In 1994, the United States Agency for International

Development launched the ‘‘Microenterprise Initiative’’ in partnership with the Congress.

(B) The initiative committed to expanding funding for the

microenterprise programs of the Agency, and set a goal that,

by the end of fiscal year 1996, one-half of all microenterprise

resources would support programs and institutions that provide

credit to the poorest, with loans under $300.

(C) In order to achieve the goal of the microcredit summit,

increased investment in microfinance institutions serving the

poorest will be critical.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1081

(12) Providing the United States share of the global investment needed to achieve the goal of the microcredit summit

will require only a small increase in United States funding

for international microcredit programs, with an increased focus

on institutions serving the poorest.

(13)(A) In order to reach tens of millions of the poorest

with microcredit, it is crucial to expand and replicate successful

microfinance institutions.

(B) These institutions need assistance in developing their

institutional capacity to expand their services and tap commercial sources of capital.

(14) Nongovernmental organizations have demonstrated

competence in developing networks of local microfinance institutions and other assistance delivery mechanisms so that they

reach large numbers of the very poor, and achieve financial

sustainability.

(15) Recognizing that the United States Agency for International Development has developed very effective partnerships

with nongovernmental organizations, and that the Agency will

have fewer missions overseas to carry out its work, the Agency

should place priority on investing in those nongovernmental

network institutions that meet performance criteria through

the central funding mechanisms of the Agency.

(16) By expanding and replicating successful microfinance

institutions, it should be possible to create a global infrastructure to provide financial services to the world’s poorest families.

(17)(A) The United States can provide leadership to other

bilateral and multilateral development agencies as such agencies expand their support to the microenterprise sector.

(B) The United States should seek to improve coordination

among G–7 countries in the support of the microenterprise

sector in order to leverage the investment of the United States

with that of other donor nations.

(18) Through increased support for microenterprise, especially credit for the poorest, the United States can continue

to play a leadership role in the global effort to expand financial

services and opportunity to 100,000,000 of the poorest families

on the planet.

SEC. 103. PURPOSES.

The purposes of this title are—

(1) to make microenterprise development an important element of United States foreign economic policy and assistance;

(2) to provide for the continuation and expansion of the

commitment of the United States Agency for International

Development to the development of microenterprise institutions

as outlined in its 1994 Microenterprise Initiative;

(3) to support and develop the capacity of United States

and indigenous nongovernmental organization intermediaries

to provide credit, savings, training, technical assistance, and

business development services to microentrepreneurs;

(4) to emphasize financial services and substantially

increase the amount of assistance devoted to both financial

services and complementary business development services

designed to reach the poorest people in developing countries,

particularly women; and

22 USC 2151f

note.

114 STAT. 1082 PUBLIC LAW 106–309—OCT. 17, 2000

(5) to encourage the United States Agency for International

Development to coordinate microfinance policy, in consultation

with the Department of the Treasury and the Department

of State, and to provide global leadership among bilateral and

multilateral donors in promoting microenterprise for the poorest

of the poor.

SEC. 104. DEFINITIONS.

In this title:

(1) BUSINESS DEVELOPMENT SERVICES.—The term ‘‘business

development services’’ means support for the growth of microenterprises through training, technical assistance, marketing

assistance, improved production technologies, and other services.

(2) MICROENTERPRISE INSTITUTION.—The term ‘‘microenterprise institution’’ means an institution that provides services,

including microfinance, training, or business development services, for microentrepreneurs.

(3) MICROFINANCE INSTITUTION.—The term ‘‘microfinance

institution’’ means an institution that directly provides, or

works to expand, the availability of credit, savings, and other

financial services to microentrepreneurs.

(4) PRACTITIONER INSTITUTION.—The term ‘‘practitioner

institution’’ means any institution that provides services,

including microfinance, training, or business development services, for microentrepreneurs, or provides assistance to microenterprise institutions.

SEC. 105. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.

Chapter 1 of part I of the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.) is amended by adding at the end the

following new section:

‘‘SEC. 131. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.

‘‘(a) FINDINGS AND POLICY.—Congress finds and declares that—

‘‘(1) the development of microenterprise is a vital factor

in the stable growth of developing countries and in the development of free, open, and equitable international economic systems;

‘‘(2) it is therefore in the best interest of the United States

to assist the development of microenterprises in developing

countries; and

‘‘(3) the support of microenterprise can be served by programs providing credit, savings, training, technical assistance,

and business development services.

‘‘(b) AUTHORIZATION.—

‘‘(1) IN GENERAL.—In carrying out this part, the President

is authorized to provide grant assistance for programs to

increase the availability of credit and other services to microenterprises lacking full access to capital training, technical

assistance, and business development services, through—

‘‘(A) grants to microfinance institutions for the purpose

of expanding the availability of credit, savings, and other

financial services to microentrepreneurs;

‘‘(B) grants to microenterprise institutions for the purpose of training, technical assistance, and business development services for microenterprises to enable them to make

President.

22 USC 2152a.

22 USC 2151f

note.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1083

better use of credit, to better manage their enterprises,

and to increase their income and build their assets;

‘‘(C) capacity-building for microenterprise institutions

in order to enable them to better meet the credit and

training needs of microentrepreneurs; and

‘‘(D) policy and regulatory programs at the country

level that improve the environment for microentrepreneurs

and microenterprise institutions that serve the poor and

very poor.

‘‘(2) IMPLEMENTATION.—Assistance authorized under paragraph (1)(A) and (B) shall be provided through organizations

that have a capacity to develop and implement microenterprise

programs, including particularly—

‘‘(A) United States and indigenous private and voluntary organizations;

‘‘(B) United States and indigenous credit unions and

cooperative organizations; or

‘‘(C) other indigenous governmental and nongovernmental organizations.

‘‘(3) TARGETED ASSISTANCE.—In carrying out sustainable

poverty-focused programs under paragraph (1), 50 percent of

all microenterprise resources shall be targeted to very poor

entrepreneurs, defined as those living in the bottom 50 percent

below the poverty line as established by the national government of the country. Specifically, such resources shall be used

for—

‘‘(A) direct support of programs under this subsection

through practitioner institutions that—

‘‘(i) provide credit and other financial services to

entrepreneurs who are very poor, with loans in 1995

United States dollars of—

‘‘(I) $1,000 or less in the Europe and Eurasia

region;

‘‘(II) $400 or less in the Latin America region;

and

‘‘(III) $300 or less in the rest of the world;

and

‘‘(ii) can cover their costs in a reasonable time

period; or

‘‘(B) demand-driven business development programs

that achieve reasonable cost recovery that are provided

to clients holding poverty loans (as defined by the regional

poverty loan limitations in subparagraph (A)(i)), whether

they are provided by microfinance institutions or by specialized business development services providers.

‘‘(4) SUPPORT FOR CENTRAL MECHANISMS.—The President

should continue support for central mechanisms and missions,

as appropriate, that—

‘‘(A) provide technical support for field missions;

‘‘(B) strengthen the institutional development of the

intermediary organizations described in paragraph (2);

‘‘(C) share information relating to the provision of

assistance authorized under paragraph (1) between such

field missions and intermediary organizations; and

‘‘(D) support the development of nonprofit global microfinance networks, including credit union systems, that—

114 STAT. 1084 PUBLIC LAW 106–309—OCT. 17, 2000

‘‘(i) are able to deliver very small loans through

a significant grassroots infrastructure based on market

principles; and

‘‘(ii) act as wholesale intermediaries providing a

range of services to microfinance retail institutions,

including financing, technical assistance, capacitybuilding, and safety and soundness accreditation.

‘‘(5) LIMITATION.—Assistance provided under this subsection may only be used to support microenterprise programs

and may not be used to support programs not directly related

to the purposes described in paragraph (1).

‘‘(c) MONITORING SYSTEM.—In order to maximize the sustainable development impact of the assistance authorized under subsection (b)(1), the Administrator of the agency primarily responsible

for administering this part shall establish a monitoring system

that—

‘‘(1) establishes performance goals for such assistance and

expresses such goals in an objective and quantifiable form,

to the extent feasible;

‘‘(2) establishes performance indicators to be used in measuring or assessing the achievement of the goals and objectives

of such assistance;

‘‘(3) provides a basis for recommendations for adjustments

to such assistance to enhance the sustainable development

impact of such assistance, particularly the impact of such assistance on the very poor, particularly poor women; and

‘‘(4) provides a basis for recommendations for adjustments

to measures for reaching the poorest of the poor, including

proposed legislation containing amendments to enhance the

sustainable development impact of such assistance, as described

in paragraph (3).

‘‘(d) LEVEL OF ASSISTANCE.—Of the funds made available under

this part, the FREEDOM Support Act, and the Support for East

European Democracy (SEED) Act of 1989, including local currencies

derived from such funds, there are authorized to be available

$155,000,000 for each of the fiscal years 2001 and 2002, to carry

out this section.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) BUSINESS DEVELOPMENT SERVICES.—The term ‘business

development services’ means support for the growth of microenterprises through training, technical assistance, marketing

assistance, improved production technologies, and other services.

‘‘(2) MICROENTERPRISE INSTITUTION.—The term ‘microenterprise institution’ means an institution that provides services,

including microfinance, training, or business development services, for microentrepreneurs.

‘‘(3) MICROFINANCE INSTITUTION.—The term ‘microfinance

institution’ means an institution that directly provides, or works

to expand, the availability of credit, savings, and other financial

services to microentrepreneurs.

‘‘(4) PRACTITIONER INSTITUTION.—The term ‘practitioner

institution’ means any institution that provides services,

including microfinance, training, or business development services, for microentrepreneurs, or provides assistance to microenterprise institutions.’’.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1085

SEC. 106. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

Section 108 of the Foreign Assistance Act of 1961 (22 U.S.C.

2151f ) is amended to read as follows:

‘‘SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

‘‘(a) FINDINGS AND POLICY.—Congress finds and declares that—

‘‘(1) the development of micro- and small enterprises is

a vital factor in the stable growth of developing countries

and in the development and stability of a free, open, and

equitable international economic system; and

‘‘(2) it is, therefore, in the best interests of the United

States to assist the development of the enterprises of the poor

in developing countries and to engage the United States private

sector in that process.

‘‘(b) PROGRAM.—To carry out the policy set forth in subsection

(a), the President is authorized to provide assistance to increase

the availability of credit to micro- and small enterprises lacking

full access to credit, including through—

‘‘(1) loans and guarantees to credit institutions for the

purpose of expanding the availability of credit to micro- and

small enterprises;

‘‘(2) training programs for lenders in order to enable them

to better meet the credit needs of microentrepreneurs; and

‘‘(3) training programs for microentrepreneurs in order to

enable them to make better use of credit and to better manage

their enterprises.

‘‘(c) ELIGIBILITY CRITERIA.—The Administrator of the agency

primarily responsible for administering this part shall establish

criteria for determining which credit institutions described in subsection (b)(1) are eligible to carry out activities, with respect to

micro- and small enterprises, assisted under this section. Such

criteria may include the following:

‘‘(1) The extent to which the recipients of credit from the

entity do not have access to the local formal financial sector.

‘‘(2) The extent to which the recipients of credit from the

entity are among the poorest people in the country.

‘‘(3) The extent to which the entity is oriented toward

working directly with poor women.

‘‘(4) The extent to which the entity recovers its cost of

lending.

‘‘(5) The extent to which the entity implements a plan

to become financially sustainable.

‘‘(d) ADDITIONAL REQUIREMENT.—Assistance provided under

this section may only be used to support micro- and small enterprise

programs and may not be used to support programs not directly

related to the purposes described in subsection (b).

‘‘(e) PROCUREMENT PROVISION.—Assistance may be provided

under this section without regard to section 604(a).

‘‘(f ) AVAILABILITY OF FUNDS.—

‘‘(1) IN GENERAL.—Of the amounts authorized to be available to carry out section 131, there are authorized to be available $1,500,000 for each of fiscal years 2001 and 2002 to carry

out this section.

‘‘(2) COVERAGE OF SUBSIDY COSTS.—Amounts authorized

to be available under paragraph (1) shall be made available

to cover the subsidy cost, as defined in section 502(5) of the

President.

114 STAT. 1086 PUBLIC LAW 106–309—OCT. 17, 2000

Federal Credit Reform Act of 1990, for activities under this

section.’’.

SEC. 107. UNITED STATES MICROFINANCE LOAN FACILITY.

(a) IN GENERAL.—Chapter 1 of part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151 et seq.), as amended by section 105

of this Act, is further amended by adding at the end the following

new section:

‘‘SEC. 132. UNITED STATES MICROFINANCE LOAN FACILITY.

‘‘(a) ESTABLISHMENT.—The Administrator is authorized to

establish a United States Microfinance Loan Facility (in this section

referred to as the ‘Facility’) to pool and manage the risk from

natural disasters, war or civil conflict, national financial crisis,

or short-term financial movements that threaten the long-term

development of United States-supported microfinance institutions.

‘‘(b) DISBURSEMENTS.— ‘‘(1) IN GENERAL.—The Administrator shall make disbursements from the Facility to United States-supported microfinance institutions to prevent the bankruptcy of such institutions caused by—

‘‘(A) natural disasters;

‘‘(B) national wars or civil conflict; or

‘‘(C) national financial crisis or other short-term financial movements that threaten the long-term development

of United States-supported microfinance institutions.

‘‘(2) FORM OF ASSISTANCE.—Assistance under this section

shall be in the form of loans or loan guarantees for microfinance

institutions that demonstrate the capacity to resume self-sustained operations within a reasonable time period.

‘‘(3) CONGRESSIONAL NOTIFICATION PROCEDURES.—During

each of the fiscal years 2001 and 2002, funds may not be

made available from the Facility until 15 days after notification

of the proposed availability of the funds has been provided

to the congressional committees specified in section 634A in

accordance with the procedures applicable to reprogramming

notifications under that section.

‘‘(c) GENERAL PROVISIONS.— ‘‘(1) POLICY PROVISIONS.—In providing the credit assistance

authorized by this section, the Administrator should apply,

as appropriate, the policy provisions in this part that are

applicable to development assistance activities.

‘‘(2) DEFAULT AND PROCUREMENT PROVISIONS.— ‘‘(A) DEFAULT PROVISION.—The provisions of section

620(q), or any comparable provision of law, shall not be

construed to prohibit assistance to a country in the event

that a private sector recipient of assistance furnished under

this section is in default in its payment to the United

States for the period specified in such section.

‘‘(B) PROCUREMENT PROVISION.—Assistance may be provided under this section without regard to section 604(a).

‘‘(3) TERMS AND CONDITIONS OF CREDIT ASSISTANCE.—

‘‘(A) IN GENERAL.—Credit assistance provided under

this section shall be offered on such terms and conditions,

including fees charged, as the Administrator may determine.

‘‘(B) LIMITATION ON PRINCIPAL AMOUNT OF

FINANCING.—The principal amount of loans made or

22 USC 2152b.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1087

guaranteed under this section in any fiscal year, with

respect to any single event, may not exceed $30,000,000.

‘‘(C) EXCEPTION.—No payment may be made under

any guarantee issued under this section for any loss arising

out of fraud or misrepresentation for which the party

seeking payment is responsible.

‘‘(4) FULL FAITH AND CREDIT.—All guarantees issued under

this section shall constitute obligations, in accordance with

the terms of such guarantees, of the United States of America,

and the full faith and credit of the United States of America

is hereby pledged for the full payment and performance of

such obligations to the extent of the guarantee.

‘‘(d) FUNDING.—

‘‘(1) ALLOCATION OF FUNDS.—Of the amounts made available to carry out this part for the fiscal year 2001, up to

$5,000,000 may be made available for—

‘‘(A) the subsidy cost, as defined in section 502(5) of

the Federal Credit Reform Act of 1990, to carry out this

section; and

‘‘(B) the administrative costs to carry out this section.

‘‘(2) RELATION TO OTHER FUNDING.—Amounts made available under paragraph (1) are in addition to amounts available

under any other provision of law to carry out this section.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the

Administrator of the agency primarily responsible for administering this part.

‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘appropriate congressional committees’ means the Committee

on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives.

‘‘(3) UNITED STATES-SUPPORTED MICROFINANCE INSTITUTION.—The term ‘United States-supported microfinance institution’ means a financial intermediary that has received funds

made available under part I of this Act for fiscal year 1980

or any subsequent fiscal year.’’.

(b) REPORT.—Not later than 120 days after the date of the

enactment of this Act, the Administrator of the United States

Agency for International Development shall submit to the Committee on Foreign Relations of the Senate and the Committee

on International Relations of the House of Representatives a report

on the policies, rules, and regulations of the United States Microfinance Loan Facility established under section 132 of the Foreign

Assistance Act of 1961, as added by subsection (a).

SEC. 108. REPORT RELATING TO FUTURE DEVELOPMENT OF MICROENTERPRISE INSTITUTIONS.

(a) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the President shall submit to the appropriate

congressional committees a report on the most cost-effective

methods and measurements for increasing the access of poor people

overseas to credit, other financial services, and related training.

(b) CONTENTS.—The report described in subsection (a)—

(1) shall include how the President, in consultation with

the Administrator of the United States Agency for International

Development, the Secretary of State, and the Secretary of the

Treasury, will develop a comprehensive strategy for advancing

Deadline.

Deadline.

22 USC 2152b

note.

114 STAT. 1088 PUBLIC LAW 106–309—OCT. 17, 2000

the global microenterprise sector in a way that maintains

market principles while ensuring that the very poor overseas,

particularly women, obtain access to financial services overseas;

(2) shall provide guidelines and recommendations for—

(A) instruments to assist microenterprise networks to

develop multi-country and regional microlending programs;

(B) technical assistance to foreign governments, foreign

central banks, and regulatory entities to improve the policy

environment for microfinance institutions, and to

strengthen the capacity of supervisory bodies to supervise

microfinance institutions;

(C) the potential for Federal chartering of United

States-based international microfinance network institutions, including proposed legislation;

(D) instruments to increase investor confidence in

microfinance institutions which would strengthen the longterm financial position of the microfinance institutions and

attract capital from private sector entities and individuals,

such as a rating system for microfinance institutions and

local credit bureaus;

(E) an agenda for integrating microfinance into United

States foreign policy initiatives seeking to develop and

strengthen the global finance sector; and

(F) innovative instruments to attract funds from the

capital markets, such as instruments for leveraging funds

from the local commercial banking sector, and the

securitization of microloan portfolios; and

(3) shall include a section that assesses the need for a

microenterprise accelerated growth fund and that includes—

(A) a description of the benefits of such a fund;

(B) an identification of which microenterprise institutions might become eligible for assistance from such fund;

(C) a description of how such a fund could be administered;

(D) a recommendation on which agency or agencies

of the United States Government should administer the

fund and within which such agency the fund should be

located; and

(E) a recommendation on how soon it might be necessary to establish such a fund in order to provide the

support necessary for microenterprise institutions involved

in microenterprise development.

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In

this section, the term ‘‘appropriate congressional committees’’ means

the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 109. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT AS GLOBAL LEADER AND COORDINATOR OF

BILATERAL AND MULTILATERAL MICROENTERPRISE

ASSISTANCE ACTIVITIES.

(a) FINDINGS AND POLICY.—Congress finds and declares that—

(1) the United States can provide leadership to other

bilateral and multilateral development agencies as such agencies expand their support to the microenterprise sector; and

(2) the United States should seek to improve coordination

among G–7 countries in the support of the microenterprise

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1089

sector in order to leverage the investment of the United States

with that of other donor nations.

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress

that—

(1) the Administrator of the United States Agency for International Development and the Secretary of State should seek

to support and strengthen the effectiveness of microfinance

activities in United Nations agencies, such as the United

Nations Development Program (UNDP), which have provided

key leadership in developing the microenterprise sector; and

(2) the Secretary of the Treasury should instruct each

United States Executive Director of the multilateral development banks (MDBs) to advocate the development of a coherent

and coordinated strategy to support the microenterprise sector

and an increase of multilateral resource flows for the purposes

of building microenterprise retail and wholesale intermediaries.

SEC. 110. SENSE OF THE CONGRESS ON CONSIDERATION OF MEXICO

AS A KEY PRIORITY IN MICROENTERPRISE FUNDING

ALLOCATIONS.

(a) FINDINGS.—Congress makes the following findings:

(1) An estimated 45,000,000 of Mexico’s 100,000,000 population currently lives below the poverty line, accounting for

20 percent of all poor in Latin America.

(2) Mexico cannot create enough salaried jobs to absorb

new workers entering the labor force.

(3) While many poor families depend on microenterprise

initiatives to generate a livelihood, the United States Agency

for International Development currently has two microcredit

projects in Mexico, receiving less than 1 percent of overall

microenterprise funding in Latin America and the Caribbean

during the last decade.

(4) Mexico’s microenterprise activity has been constrained

because its financial institutions cannot expand financial services to a larger clientele due to a lack of capital, inefficient

financial and administrative management, and a lack of institutional support for microfinance institutions’ particular needs.

(5) Mexican nongovernmental organizations, such as

Compartamos, have demonstrated competence in developing

local microfinance programs.

(6) On July 2, 2000, Vicente Fox Quesada of the Alliance

for Change was elected President of the United Mexican States.

(7) The President-elect of Mexico has identified

entrepreneurship and the start-up of new microcredit institutions as key economic priorities.

(8) Microenterprise and entrepreneurial initiatives have

proven to be successful components of free market development

and economic stability.

(b) SENSE OF THE CONGRESS.—It is the sense of the Congress

that—

(1) providing Mexico’s poor with economic opportunity and

microfinance services is fundamental to Mexico’s economic

development;

(2) microenterprise can have a positive impact on Mexico’s

free market development; and

114 STAT. 1090 PUBLIC LAW 106–309—OCT. 17, 2000

(3) the United States Agency for International Development

should consider Mexico as a key priority in its microenterprise

funding allocations.

TITLE II—INTERNATIONAL ANTI-CORRUPTION AND GOOD GOVERNANCE

ACT OF 2000

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘International Anti-Corruption

and Good Governance Act of 2000’’.

SEC. 202. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds the following:

(1) Widespread corruption endangers the stability and security of societies, undermines democracy, and jeopardizes the

social, political, and economic development of a society.

(2) Corruption facilitates criminal activities, such as money

laundering, hinders economic development, inflates the costs

of doing business, and undermines the legitimacy of the government and public trust.

(3) In January 1997 the United Nations General Assembly

adopted a resolution urging member states to carefully consider

the problems posed by the international aspects of corrupt

practices and to study appropriate legislative and regulatory

measures to ensure the transparency and integrity of financial

systems.

(4) The United States was the first country to criminalize

international bribery through the enactment of the Foreign

Corrupt Practices Act of 1977 and United States leadership

was instrumental in the passage of the Organization for Economic Cooperation and Development (OECD) Convention on

Combatting Bribery of Foreign Public Officials in International

Business Transactions.

(5) The Vice President, at the Global Forum on Fighting

Corruption in 1999, declared corruption to be a direct threat

to the rule of law and the Secretary of State declared corruption

to be a matter of profound political and social consequence

for our efforts to strengthen democratic governments.

(6) The Secretary of State, at the Inter-American Development Bank’s annual meeting in March 2000, declared that

despite certain economic achievements, democracy is being

threatened as citizens grow weary of the corruption and favoritism of their official institutions and that efforts must be

made to improve governance if respect for democratic institutions is to be regained.

(7) In May 1996 the Organization of American States (OAS)

adopted the Inter-American Convention Against Corruption

requiring countries to provide various forms of international

cooperation and assistance to facilitate the prevention, investigation, and prosecution of acts of corruption.

(8) Independent media, committed to fighting corruption

and trained in investigative journalism techniques, can both

educate the public on the costs of corruption and act as a

deterrent against corrupt officials.

22 USC 2152c

note.

22 USC 2151

note.

International

Anti-Corruption

and Good

Government Act

of 2000.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1091

(9) Competent and independent judiciary, founded on a

merit-based selection process and trained to enforce contracts

and protect property rights, is critical for creating a predictable

and consistent environment for transparency in legal procedures.

(10) Independent and accountable legislatures, responsive

political parties, and transparent electoral processes, in conjunction with professional, accountable, and transparent financial

management and procurement policies and procedures, are

essential to the promotion of good governance and to the combat

of corruption.

(11) Transparent business frameworks, including modern

commercial codes and intellectual property rights, are vital

to enhancing economic growth and decreasing corruption at

all levels of society.

(12) The United States should attempt to improve accountability in foreign countries, including by—

(A) promoting transparency and accountability through

support for independent media, promoting financial disclosure by public officials, political parties, and candidates

for public office, open budgeting processes, adequate and

effective internal control systems, suitable financial

management systems, and financial and compliance

reporting;

(B) supporting the establishment of audit offices,

inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies;

(C) promoting responsive, transparent, and accountable

legislatures that ensure legislative oversight and whistleblower protection;

(D) promoting judicial reforms that criminalize corruption and promoting law enforcement that prosecutes corruption;

(E) fostering business practices that promote transparent, ethical, and competitive behavior in the private

sector through the development of an effective legal framework for commerce, including anti-bribery laws, commercial

codes that incorporate international standards for business

practices, and protection of intellectual property rights;

and

(F) promoting free and fair national, state, and local

elections.

(b) PURPOSE.—The purpose of this title is to ensure that United

States assistance programs promote good governance by assisting

other countries to combat corruption throughout society and to

improve transparency and accountability at all levels of government

and throughout the private sector.

SEC. 203. DEVELOPMENT ASSISTANCE POLICY.

(a) GENERAL POLICY.—Section 101(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151(a)) is amended in the fifth sentence—

(1) by striking ‘‘four’’ and inserting ‘‘five’’;

(2) by striking ‘‘and’’ at the end of paragraph (3);

(3) in paragraph (4), by striking the period at the end

and inserting ‘‘; and’’; and

(4) by adding at the end the following:

114 STAT. 1092 PUBLIC LAW 106–309—OCT. 17, 2000

‘‘(5) the promotion of good governance through combating

corruption and improving transparency and accountability.’’.

(b) DEVELOPMENT ASSISTANCE POLICY.—Section 102(b) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2151–1(b)) is amended—

(1) in paragraph (4)—

(A) by striking ‘‘and’’ at the end of subparagraph (E);

(B) in subparagraph (F), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(G) progress in combating corruption and improving

transparency and accountability in the public and private

sector.’’; and

(2) by adding at the end the following:

‘‘(17) Economic reform and development of effective institutions of democratic governance are mutually reinforcing. The

successful transition of a developing country is dependent upon

the quality of its economic and governance institutions. Rule

of law, mechanisms of accountability and transparency, security

of person, property, and investments, are but a few of the

critical governance and economic reforms that underpin the

sustainability of broad-based economic growth. Programs in

support of such reforms strengthen the capacity of people to

hold their governments accountable and to create economic

opportunity.’’.

SEC. 204. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE

PROGRAM FOR DEVELOPING COUNTRIES.

Section 129(b) of the Foreign Assistance Act of 1961 (22 U.S.C.

2151aa(b)) is amended by adding at the end the following:

‘‘(3) EMPHASIS ON ANTI-CORRUPTION.—Such technical assistance shall include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection

against actions that may distort or inhibit transparency in

market mechanisms and, to the extent applicable, privatization

procedures.’’.

SEC. 205. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS.

(a) IN GENERAL.—Chapter 1 of part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151 et seq.), as amended by sections

105 and 107, is further amended by adding at the end the following:

‘‘SEC. 133. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

‘‘(a) ESTABLISHMENT OF PROGRAMS.—

‘‘(1) IN GENERAL.—The President is authorized to establish

programs that combat corruption, improve transparency and

accountability, and promote other forms of good governance

in countries described in paragraph (2).

‘‘(2) COUNTRIES DESCRIBED.—A country described in this

paragraph is a country that is eligible to receive assistance

under this part (including chapter 4 of part II of this Act)

or the Support for East European Democracy (SEED) Act of

1989.

‘‘(3) PRIORITY.—In carrying out paragraph (1), the President

shall give priority to establishing programs in countries that

received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States

has a significant economic interest, and that continue to have

President.

22 USC 2152c.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1093

the most persistent problems with public and private corruption. In determining which countries have the most persistent

problems with public and private corruption under the preceding sentence, the President shall take into account criteria

such as the Transparency International Annual Corruption

Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the

International Monetary Fund, and other relevant criteria.

‘‘(4) RELATION TO OTHER LAWS.—

‘‘(A) IN GENERAL.—Assistance provided for countries

under programs established pursuant to paragraph (1) may

be made available notwithstanding any other provision of

law that restricts assistance to foreign countries. Assistance

provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted

from receiving such assistance but for the preceding sentence may not be provided directly to the government of

the country.

‘‘(B) EXCEPTION.—Subparagraph (A) does not apply

with respect to—

‘‘(i) section 620A of this Act or any comparable

provision of law prohibiting assistance to countries that

support international terrorism; or

‘‘(ii) section 907 of the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets

Support Act of 1992.

‘‘(b) SPECIFIC PROJECTS AND ACTIVITIES.—The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that—

‘‘(1) support responsible independent media to promote

oversight of public and private institutions;

‘‘(2) implement financial disclosure among public officials,

political parties, and candidates for public office, open budgeting

processes, and transparent financial management systems;

‘‘(3) support the establishment of audit offices, inspectors

general offices, third party monitoring of government procurement processes, and anti-corruption agencies;

‘‘(4) promote responsive, transparent, and accountable

legislatures and local governments that ensure legislative and

local oversight and whistle-blower protection;

‘‘(5) promote legal and judicial reforms that criminalize

corruption and law enforcement reforms and development that

encourage prosecutions of criminal corruption;

‘‘(6) assist in the development of a legal framework for

commercial transactions that fosters business practices that

promote transparent, ethical, and competitive behavior in the

economic sector, such as commercial codes that incorporate

international standards and protection of intellectual property

rights;

‘‘(7) promote free and fair national, state, and local elections;

‘‘(8) foster public participation in the legislative process

and public access to government information; and

‘‘(9) engage civil society in the fight against corruption.

‘‘(c) CONDUCT OF PROJECTS AND ACTIVITIES.—Projects and

activities under the programs established pursuant to subsection

114 STAT. 1094 PUBLIC LAW 106–309—OCT. 17, 2000

(a) may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and

competitive statutory and administrative codes), drafting of anticorruption, privatization, and competitive statutory and administrative codes, support for independent media and publications,

financing of the program and operating costs of nongovernmental

organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities.

‘‘(d) ANNUAL REPORT.—

‘‘(1) IN GENERAL.—The Secretary of State, in consultation

with the Secretary of Commerce and the Administrator of the

United States Agency for International Development, shall prepare and transmit to the Committee on International Relations

and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the

Committee on Appropriations of the Senate an annual report

on—

‘‘(A) projects and activities carried out under programs

established under subsection (a) for the prior year in priority countries identified pursuant to subsection (a)(3); and

‘‘(B) projects and activities carried out under programs

to combat corruption, improve transparency and accountability, and promote other forms of good governance established under other provisions of law for the prior year

in such countries.

‘‘(2) REQUIRED CONTENTS.—The report required by paragraph (1) shall contain the following information with respect

to each country described in paragraph (1):

‘‘(A) A description of all United States Governmentfunded programs and initiatives to combat corruption and

improve transparency and accountability in the country.

‘‘(B) A description of United States diplomatic efforts

to combat corruption and improve transparency and

accountability in the country.

‘‘(C) An analysis of major actions taken by the government of the country to combat corruption and improve

transparency and accountability in the country.

‘‘(e) FUNDING.—Amounts made available to carry out the other

provisions of this part (including chapter 4 of part II of this Act)

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

1989 shall be made available to carry out this section.’’.

(b) DEADLINE FOR INITIAL REPORT.—The initial annual report

required by section 133(d)(1) of the Foreign Assistance Act of 1961,

as added by subsection (a), shall be transmitted not later than

180 days after the date of the enactment of this Act.

TITLE III—INTERNATIONAL ACADEMIC

OPPORTUNITY ACT OF 2000

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘International Academic Opportunity Act of 2000’’.

22 USC 2462

note.

International

Academic

Opportunity Act

of 2000.

22 USC 2152c

note.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1095

SEC. 302. STATEMENT OF PURPOSE.

It is the purpose of this title to establish an undergraduate

grant program for students of limited financial means from the

United States to enable such students to study abroad. Such foreign

study is intended to broaden the outlook and better prepare such

students of demonstrated financial need to assume significant roles

in the increasingly global economy.

SEC. 303. ESTABLISHMENT OF GRANT PROGRAM FOR FOREIGN STUDY

BY AMERICAN COLLEGE STUDENTS OF LIMITED FINANCIAL MEANS.

(a) ESTABLISHMENT.—Subject to the availability of appropriations and under the authorities of the Mutual Educational and

Cultural Exchange Act of 1961, the Secretary of State shall establish

and carry out a program in each fiscal year to award grants of

up to $5,000, to individuals who meet the requirements of subsection

(b), toward the cost of up to one academic year of undergraduate

study abroad. Grants under this Act shall be known as the ‘‘Benjamin A. Gilman International Scholarships’’.

(b) ELIGIBILITY.—An individual referred to in subsection (a)

is an individual who—

(1) is a student in good standing at an institution of higher

education in the United States (as defined in section 101(a)

of the Higher Education Act of 1965);

(2) has been accepted for up to one academic year of study

on a program of study abroad approved for credit by the student’s home institution;

(3) is receiving any need-based student assistance under

title IV of the Higher Education Act of 1965; and

(4) is a citizen or national of the United States.

(c) APPLICATION AND SELECTION.— (1) Grant application and selection shall be carried out

through accredited institutions of higher education in the

United States or a combination of such institutions under such

procedures as are established by the Secretary of State.

(2) In considering applications for grants under this

section—

(A) consideration of financial need shall include the

increased costs of study abroad; and

(B) priority consideration shall be given to applicants

who are receiving Federal Pell Grants under title IV of

the Higher Education Act of 1965.

SEC. 304. REPORT TO CONGRESS.

The Secretary of State shall report annually to the Congress

concerning the grant program established under this title. Each

such report shall include the following information for the preceding

year:

(1) The number of participants.

(2) The institutions of higher education in the United States

that participants attended.

(3) The institutions of higher education outside the United

States participants attended during their study abroad.

(4) The areas of study of participants.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $1,500,000 for each

fiscal year to carry out this title.

22 USC 2462

note.

22 USC 2462

note.

22 USC 2462 and

note.

22 USC 2462

note.

114 STAT. 1096 PUBLIC LAW 106–309—OCT. 17, 2000

SEC. 306. EFFECTIVE DATE.

This title shall take effect October 1, 2000.

TITLE IV—MISCELLANEOUS

PROVISIONS

SEC. 401. SUPPORT FOR OVERSEAS COOPERATIVE DEVELOPMENT ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Support

for Overseas Cooperative Development Act’’.

(b) FINDINGS.—The Congress makes the following findings:

(1) It is in the mutual economic interest of the United

States and peoples in developing and transitional countries

to promote cooperatives and credit unions.

(2) Self-help institutions, including cooperatives and credit

unions, provide enhanced opportunities for people to participate

directly in democratic decision-making for their economic and

social benefit through ownership and control of business enterprises and through the mobilization of local capital and savings

and such organizations should be fully utilized in fostering

free market principles and the adoption of self-help approaches

to development.

(3) The United States seeks to encourage broad-based economic and social development by creating and supporting—

(A) agricultural cooperatives that provide a means to

lift low income farmers and rural people out of poverty

and to better integrate them into national economies;

(B) credit union networks that serve people of limited

means through safe savings and by extending credit to

families and microenterprises;

(C) electric and telephone cooperatives that provide

rural customers with power and telecommunications services essential to economic development;

(D) housing and community-based cooperatives that

provide low income shelter and work opportunities for the

urban poor; and

(E) mutual and cooperative insurance companies that

provide risk protection for life and property to under-served

populations often through group policies.

(c) GENERAL PROVISIONS.—

(1) DECLARATIONS OF POLICY.—The Congress supports the

development and expansion of economic assistance programs

that fully utilize cooperatives and credit unions, particularly

those programs committed to—

(A) international cooperative principles, democratic

governance and involvement of women and ethnic minorities for economic and social development;

(B) self-help mobilization of member savings and equity

and retention of profits in the community, except for those

programs that are dependent on donor financing;

(C) market-oriented and value-added activities with

the potential to reach large numbers of low income people

and help them enter into the mainstream economy;

(D) strengthening the participation of rural and urban

poor to contribute to their country’s economic development;

and

22 USC 2151i

note.

22 USC 2151i

note.

22 USC 2151

note.

Support for

Overseas

Cooperative

Development Act.

22 USC 2462

note.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1097

(E) utilization of technical assistance and training to

better serve the member-owners.

(2) DEVELOPMENT PRIORITIES.—Section 111 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151i) is amended by adding

at the end the following: ‘‘In meeting the requirement of the

preceding sentence, specific priority shall be given to the following:

‘‘(1) AGRICULTURE.—Technical assistance to low income

farmers who form and develop member-owned cooperatives for

farm supplies, marketing and value-added processing.

‘‘(2) FINANCIAL SYSTEMS.—The promotion of national credit

union systems through credit union-to-credit union technical

assistance that strengthens the ability of low income people

and micro-entrepreneurs to save and to have access to credit

for their own economic advancement.

‘‘(3) INFRASTRUCTURE.—The support of rural electric and

telecommunication cooperatives for access for rural people and

villages that lack reliable electric and telecommunications services.

‘‘(4) HOUSING AND COMMUNITY SERVICES.—The promotion

of community-based cooperatives which provide employment

opportunities and important services such as health clinics,

self-help shelter, environmental improvements, group-owned

businesses, and other activities.’’.

(d) REPORT.—Not later than 6 months after the date of the

enactment of this Act, the Administrator of the United States

Agency for International Development, in consultation with the

heads of other appropriate agencies, shall prepare and submit to

Congress a report on the implementation of section 111 of the

Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as amended

by subsection (c).

SEC. 402. FUNDING OF CERTAIN ENVIRONMENTAL ASSISTANCE ACTIVITIES OF USAID.

(a) ALLOCATION OF FUNDS FOR CERTAIN ENVIRONMENTAL

ACTIVITIES.—Of the amounts authorized to be appropriated for the

fiscal year 2001 to carry out chapter 1 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance), there is authorized to be available at least

$60,200,000 to carry out activities of the type carried out by the

Global Environment Center of the United States Agency for International Development during fiscal year 2000.

(b) ALLOCATION FOR WATER AND COASTAL RESOURCES.—Of the

amounts made available under subsection (a), at least $2,500,000

shall be available for water and coastal resources activities under

the natural resources management function specified in that subsection.

SEC. 403. PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF

HUMANITARIAN ASSISTANCE ABROAD BY THE DEPARTMENT OF DEFENSE.

(a) PRIORITY FOR DISASTER RELIEF ASSISTANCE.—In processing

applications for the transportation of humanitarian assistance

abroad under section 402 of title 10, United States Code, the

Administrator of the United States Agency for International

Development shall afford a priority to applications for the transportation of disaster relief assistance.

10 USC 402 note.

Deadline.

22 USC 2151i

note.

114 STAT. 1098 PUBLIC LAW 106–309—OCT. 17, 2000

(b) MODIFICATION OF APPLICATIONS.—The Administrator of the

United States Agency for International Development shall take

all possible actions to assist applicants for the transportation of

humanitarian assistance abroad under such section 402 in modifying or completing applications submitted under such section in

order to meet applicable requirements under such section. The

actions shall include efforts to contact such applicants for purposes

of the modification or completion of such applications.

SEC. 404. WORKING CAPITAL FUND.

Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C.

2395) is amended by adding at the end the following new subsection:

‘‘(m)(1) There is established a working capital fund (in this

subsection referred to as the ‘fund’) for the United States Agency

for International Development (in this subsection referred to as

the ‘Agency’) which shall be available without fiscal year limitation

for the expenses of personal and nonpersonal services, equipment,

and supplies for—

‘‘(A) International Cooperative Administrative Support

Services; and

‘‘(B) rebates from the use of United States Government

credit cards.

‘‘(2) The capital of the fund shall consist of—

‘‘(A) the fair and reasonable value of such supplies, equipment, and other assets pertaining to the functions of the fund

as the Administrator determines,

‘‘(B) rebates from the use of United States Government

credit cards, and

‘‘(C) any appropriations made available for the purpose

of providing capital,

minus related liabilities.

‘‘(3) The fund shall be reimbursed or credited with advance

payments for services, equipment, or supplies provided from the

fund from applicable appropriations and funds of the Agency, other

Federal agencies and other sources authorized by section 607 at

rates that will recover total expenses of operation, including accrual

of annual leave and depreciation. Receipts from the disposal of,

or payments for the loss or damage to, property held in the fund,

rebates, reimbursements, refunds and other credits applicable to

the operation of the fund may be deposited in the fund.

‘‘(4) At the close of each fiscal year the Administrator of the

Agency shall transfer out of the fund to the miscellaneous receipts

account of the Treasury of the United States such amounts as

the Administrator determines to be in excess of the needs of the

fund.

‘‘(5) The fund may be charged with the current value of supplies

and equipment returned to the working capital of the fund by

a post, activity, or agency, and the proceeds shall he credited

to current applicable appropriations.’’.

SEC. 405. INCREASE IN AUTHORIZED NUMBER OF EMPLOYEES AND

REPRESENTATIVES OF THE UNITED STATES MISSION TO

THE UNITED NATIONS PROVIDED LIVING QUARTERS IN

NEW YORK.

Section 9(2) of the United Nations Participation Act of 1945

(22 U.S.C. 287e–1(2)) is amended by striking ‘‘18’’ and inserting

‘‘30’’.

Establishment.

PUBLIC LAW 106–309—OCT. 17, 2000 114 STAT. 1099

SEC. 406. AVAILABILITY OF VOA AND RADIO MARTI MULTILINGUAL

COMPUTER READABLE TEXT AND VOICE RECORDINGS.

Section 1(b) of Public Law 104–269 (110 Stat. 3300) is amended

by striking ‘‘5 years’’ and inserting ‘‘10 years’’.

SEC. 407. AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF

AMERICA.

(a) AUTHORITY.—

(1) IN GENERAL.—Subject to the provisions of this section,

the Broadcasting Board of Governors (in this section referred

to as the ‘‘Board’’) is authorized to make available to the

Institute for Media Development (in this section referred to

as the ‘‘Institute’’), at the request of the Institute, previously

broadcast audio and video materials produced by the Africa

Division of the Voice of America.

(2) DEPOSIT OF MATERIALS.—Upon the request of the

Institute and the approval of the Board, materials made available under paragraph (1) may be deposited with the University

of California, Los Angeles, or such other appropriate institution

of higher education (as defined in section 101(a) of the Higher

Education Act of 1965 (20 U.S.C. 1001(a)) that is approved

by the Board for such purpose.

(3) SUPERSEDES EXISTING LAW.—Materials made available

under paragraph (1) may be provided notwithstanding section

501 of the United States Information and Educational Exchange

Act of 1948 (22 U.S.C. 1461) and section 208 of the Foreign

Relations Authorization Act, Fiscal Years 1986 and 1987 (22

U.S.C. 1461–1a).

(b) LIMITATIONS.—

(1) AUTHORIZED PURPOSES.—Materials made available

under this section shall be used only for academic and research

purposes and may not be used for public or commercial broadcast purposes.

(2) PRIOR AGREEMENT REQUIRED.—Before making available

materials under subsection (a)(1), the Board shall enter into

an agreement with the Institute providing for—

(A) reimbursement of the Board for any expenses

involved in making such materials available;

(B) the establishment of guidelines by the Institute

for the archiving and use of the materials to ensure that

copyrighted works contained in those materials will not

be used in a manner that would violate the copyright

laws of the United States (including international copyright

conventions to which the United States is a party);

(C) the indemnification of the United States by the

Institute in the event that any use of the materials results

in violation of the copyright laws of the United States

(including international copyright conventions to which the

United States is a party);

(D) the authority of the Board to terminate the agreement if the provisions of paragraph (1) are violated; and

(E) any other terms and conditions relating to the

materials that the Board considers appropriate.

(c) CREDITING OF REIMBURSEMENTS TO BOARD APPROPRIATIONS

ACCOUNT.—Any reimbursement of the Board under subsection (b)

shall be deposited as an offsetting collection to the currently

applicable appropriation account of the Board.

114 STAT. 1100 PUBLIC LAW 106–309—OCT. 17, 2000

LEGISLATIVE HISTORY—H.R. 1143 (S. 2844):

HOUSE REPORTS: No. 106–82 (Comm. on International Relations).

SENATE REPORTS: No. 106–335 accompanying S. 2844 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD:

Vol. 145 (1999): Apr. 13, considered and passed House.

Vol. 146 (2000): Oct. 3, considered and passed Senate, amended.

Oct. 5, House concurred in Senate amendment.

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

Oct. 17, Presidential statement.

Æ

(d) TERMINATION OF AUTHORITY.—The authority provided under

this section shall cease to have effect on the date that is 5 years

after the date of the enactment of this Act.

SEC. 408. PAUL D. COVERDELL FELLOWS PROGRAM ACT OF 2000.

(a) SHORT TITLE.—This section may be cited as the ‘‘Paul D.

Coverdell Fellows Program Act of 2000’’.

(b) FINDINGS.—Congress makes the following findings:

(1) Paul D. Coverdell was elected to the George State

Senate in 1970 and later became Minority Leader of the Georgia

State Senate, a post he held for 15 years.

(2) Paul D. Coverdell served with distinction as the 11th

Director of the Peace Corps from 1989 to 1991, where he

promoted a fellowship program that was composed of returning

Peace Corps volunteers who agreed to work in underserved

American communities while they pursued educational degrees.

(3) Paul D. Coverdell served in the United States Senate

from the State of Georgia from 1993 until his sudden death

on July 18, 2000.

(4) Senator Paul D. Coverdell was beloved by his colleagues

for his civility, bipartisan efforts, and his dedication to public

service.

(c) DESIGNATION OF PAUL D. COVERDELL FELLOWS PROGRAM.—

(1) IN GENERAL.—Effective on the date of the enactment

of this Act, the program under section 18 of the Peace Corps

Act (22 U.S.C. 2517) referred to before such date as the ‘‘Peace

Corps Fellows/ USA Program’’ is redesignated as the ‘‘Paul D.

Coverdell Fellows Program’’.

(2) REFERENCES.—Any reference before the date of the

enactment of this Act in any law, regulation, order, document,

record, or other paper of the United States to the Peace Corps

Fellows/ USA Program shall, on and after such date, be considered to refer to the Paul D. Coverdell Fellows Program.

Approved October 17, 2000.

Effective date.

Paul D. Coverdell

Fellows Program

Act of 2000.

22 USC 2517

note.