II

Calendar No. 530

106TH CONGRESS

2D SESSION S. 2522

Making appropriations for foreign operations, export financing, and related

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

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 9, 2000

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

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

A BILL

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

September 30, 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

2 ASSISTANCE

3 EXPORT-IMPORT BANK OF THE UNITED STATES

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

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

10 Corporation Control Act, as may be necessary in carrying

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

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

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

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

19 Act that has detonated a nuclear explosive after the date

20 of the enactment of this Act.

21 SUBSIDY APPROPRIATION

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

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

25 $768,000,000 to remain available until September 30,

26 2004: Provided, That such costs, including the cost of
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1 modifying such loans, shall be as defined in section 502

2 of the Congressional Budget Act of 1974: Provided fur3 ther, That such sums shall remain available until Sep4 tember 30, 2019 for the disbursement of direct loans, loan

5 guarantees, insurance and tied-aid grants obligated in fis6 cal years 2001, 2002, 2003, and 2004: Provided further,

7 That none of the funds appropriated by this Act or any

8 prior Act appropriating funds for foreign operations, ex9 port financing, or related programs for tied-aid credits or

10 grants may be used for any other purpose except through

11 the regular notification procedures of the Committees on

12 Appropriations: Provided further, That funds appropriated

13 by this paragraph are made available notwithstanding sec14 tion 2(b)(2) of the Export Import Bank Act of 1945, in

15 connection with the purchase or lease of any product by

16 any East European country, any Baltic State or any agen17 cy or national thereof.

18 ADMINISTRATIVE EXPENSES

19 For administrative expenses to carry out the direct

20 and guaranteed loan and insurance programs, including

21 hire of passenger motor vehicles and services as authorized

22 by 5 U.S.C. 3109, and not to exceed $25,000 for official

23 reception and representation expenses for members of the

24 Board of Directors, $58,000,000: Provided, That nec25 essary expenses (including special services performed on

26 a contract or fee basis, but not including other personal
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1 services) in connection with the collection of moneys owed

2 the Export-Import Bank, repossession or sale of pledged

3 collateral or other assets acquired by the Export-Import

4 Bank in satisfaction of moneys owed the Export-Import

5 Bank, or the investigation or appraisal of any property,

6 or the evaluation of the legal or technical aspects of any

7 transaction for which an application for a loan, guarantee

8 or insurance commitment has been made, shall be consid9 ered nonadministrative expenses for the purposes of this

10 heading: Provided further, That, notwithstanding sub11 section (b) of section 117 of the Export Enhancement Act

12 of 1992, subsection (a) thereof shall remain in effect until

13 October 1, 2001.

14 OVERSEAS PRIVATE INVESTMENT CORPORATION

15 NONCREDIT ACCOUNT

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

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

19 commitments within the limits of funds available to it and

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

21 That the amount available for administrative expenses to

22 carry out the credit and insurance programs (including an

23 amount for official reception and representation expenses

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

25 $38,000,000: Provided further, That project-specific trans26 action costs, including direct and indirect costs incurred
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1 in claims settlements, and other direct costs associated

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

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

6 PROGRAM ACCOUNT

7 For the cost of direct and guaranteed loans,

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

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

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

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

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

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

17 such sums shall remain available through fiscal year 2010

18 for the disbursement of direct and guaranteed loans obli19 gated in fiscal years 2001 and 2002: Provided further,

20 That in addition, such sums as may be necessary for ad21 ministrative expenses to carry out the credit program may

22 be derived from amounts available for administrative ex23 penses to carry out the credit and insurance programs in

24 the Overseas Private Investment Corporation Noncredit

25 Account and merged 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

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

5 $46,000,000, to remain available until September 30,

6 2002: Provided, That the Trade and Development Agency

7 may receive reimbursements from corporations and other

8 entities for the costs of grants for feasibility studies and

9 other project planning services, to be deposited as an off10 setting collection to this account and to be available for

11 obligation until September 30, 2002, for necessary ex12 penses under this paragraph: Provided further, That such

13 reimbursements shall not cover, or be allocated against,

14 direct or indirect administrative costs of the agency.

15 TITLE II—BILATERAL ECONOMIC ASSISTANCE

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 For expenses necessary to enable the President to

18 carry out the provisions of the Foreign Assistance Act of

19 1961, and for other purposes, to remain available until

20 September 30, 2002, unless otherwise specified herein, as

21 follows:

22 AGENCY FOR INTERNATIONAL DEVELOPMENT

23 DEVELOPMENT ASSISTANCE

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses to carry out the provisions

26 of sections 103 through 106, and chapter 10 of part I
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1 of the Foreign Assistance Act of 1961, and title V of the

2 International Security and Development Cooperation Act

3 of 1980 (Public Law 96–533), $1,368,250,000, to remain

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

5 amount appropriated under this heading, up to

6 $14,400,000 may be made available for the African Devel7 opment Foundation and shall be apportioned directly to

8 that agency: Provided further, That of the funds appro9 priated under this heading, not less than $425,000,000

10 shall be made available to carry out the provisions of sec11 tion 104(b) of the Foreign Assistance Act of 1961: Pro12 vided further, That none of the funds made available in

13 this Act nor any unobligated balances from prior appro14 priations may be made available to any organization or

15 program which, as determined by the President of the

16 United States, supports or participates in the manage17 ment of a program of coercive abortion or involuntary

18 sterilization: Provided further, That none of the funds

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

20 the performance of abortion as a method of family plan21 ning or to motivate or coerce any person to practice abor22 tions; and that in order to reduce reliance on abortion in

23 developing nations, funds shall be available only to vol24 untary family planning projects which offer, either directly

25 or through referral to, or information about access to, a
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1 broad range of family planning methods and services, and

2 that any such voluntary family planning project shall meet

3 the following requirements: (1) service providers or refer4 ral agents in the project shall not implement or be subject

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

6 births, number of family planning acceptors, or acceptors

7 of a particular method of family planning (this provision

8 shall not be construed to include the use of quantitative

9 estimates or indicators for budgeting and planning pur10 poses); (2) the project shall not include payment of incen11 tives, bribes, gratuities, or financial reward to: (A) an indi12 vidual in exchange for becoming a family planning accep13 tor; or (B) program personnel for achieving a numerical

14 target or quota of total number of births, number of fam15 ily planning acceptors, or acceptors of a particular method

16 of family planning; (3) the project shall not deny any right

17 or benefit, including the right of access to participate in

18 any program of general welfare or the right of access to

19 health care, as a consequence of any individual’s decision

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

21 provide family planning acceptors comprehensible infor22 mation on the health benefits and risks of the method cho23 sen, including those conditions that might render the use

24 of the method inadvisable and those adverse side effects

25 known to be consequent to the use of the method; and
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1 (5) the project shall ensure that experimental contracep2 tive drugs and devices and medical procedures are pro3 vided only in the context of a scientific study in which

4 participants are advised of potential risks and benefits;

5 and, not less than 60 days after the date on which the

6 Administrator of the United States Agency for Inter7 national Development determines that there has been a

8 violation of the requirements contained in paragraph (1),

9 (2), (3), or (5) of this proviso, or a pattern or practice

10 of violations of the requirements contained in paragraph

11 (4) of this proviso, the Administrator shall submit to the

12 Committee on International Relations and the Committee

13 on Appropriations of the House of Representatives and to

14 the Committee on Foreign Relations and the Committee

15 on Appropriations of the Senate, a report containing a de16 scription of such violation and the corrective action taken

17 by the Agency: Provided further, That in awarding grants

18 for natural family planning under section 104 of the For19 eign Assistance Act of 1961 no applicant shall be discrimi20 nated against because of such applicant’s religious or con21 scientious commitment to offer only natural family plan22 ning; and, additionally, all such applicants shall comply

23 with the requirements of the previous proviso: Provided

24 further, That for purposes of this or any other Act author25 izing or appropriating funds for foreign operations, export
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1 financing, and related programs, the term ‘‘motivate’’, as

2 it relates to family planning assistance, shall not be con3 strued to prohibit the provision, consistent with local law,

4 of information or counseling about all pregnancy options:

5 Provided further, That nothing in this paragraph shall be

6 construed to alter any existing statutory prohibitions

7 against abortion under section 104 of the Foreign Assist8 ance Act of 1961: Provided further, That, notwithstanding

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

10 funds appropriated under this heading in this Act, and

11 of the unobligated balances of funds previously appro12 priated under this heading, $2,500,000 may be trans13 ferred to ‘‘International Organizations and Programs’’ for

14 a contribution to the International Fund for Agricultural

15 Development (IFAD): Provided further, That of the aggre16 gate amount of the funds appropriated by this Act to carry

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

18 Support for East European Democracy (SEED) Act of

19 1989, not less than $310,000,000 shall be made available

20 for agriculture and rural development programs of which

21 $30,000,000 shall be made available for plant bio22 technology research and development: Provided further,

23 That of amounts made available in the preceding proviso

24 for plant biotechnology activities, $1,000,000 shall be

25 made available for the University of Missouri Inter-
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1 national Laboratory for Tropical Agriculture Bio2 technology, not less than $1,000,000 shall be made avail3 able for research and training foreign scientists at the

4 University of California, Davis, and not less than

5 $1,000,000 shall be made available to support a Center

6 to Promote Biotechnology in International Agriculture at

7 Tuskegee University: Provided further, That not less than

8 $4,000,000 shall be made available for the International

9 Fertilizer Development Center: Provided further, That

10 none of the funds appropriated under this heading may

11 be made available for any activity which is in contraven12 tion to the Convention on International Trade in Endan13 gered Species of Flora and Fauna (CITES): Provided fur14 ther, That of the funds appropriated under this heading

15 that are made available for assistance programs for dis16 placed and orphaned children and victims of war, not to

17 exceed $25,000, in addition to funds otherwise available

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

19 oversight of such programs: Provided further, That of the

20 funds appropriated under this heading not less than

21 $500,000 shall be made available for support of the

22 United States Telecommunications Training Institute:

23 Provided further, That of the funds appropriated under

24 this heading, not less than $17,000,000 shall be made

25 available for the American Schools and Hospitals Abroad
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1 program: Provided further, That of the funds appropriated

2 under this heading, not less than $2,000,000 shall be

3 available to support an international media training cen4 ter: Provided further, That of the funds appropriated

5 under this heading, and the heading ‘‘Assistance for the

6 Independent States’’, up to $7,000,000 should be made

7 available for Carelift International: Provided further, That,

8 of the funds appropriated by this Act for the Microenter9 prise Initiative (including any local currencies made avail10 able for the purposes of the Initiative), not less than one11 half should be made available for programs providing

12 loans of less than $300 to very poor people, particularly

13 women, or for institutional support of organizations pri14 marily engaged in making such loans.

15 GLOBAL HEALTH

16 For necessary expenses to carry out the provisions

17 of Chapters 1 and 10 of part I of the Foreign Assistance

18 Act of 1961, for global health and related activities, in

19 addition to funds otherwise available for such purposes,

20 $651,000,000 to remain available until September 30,

21 2002: Provided, That of the funds appropriated under this

22 heading, not less than the amount of funds appropriated

23 under the headings ‘‘Development Assistance’’ and ‘‘Child

24 Survival and Disease Program Fund’’, for programs for

25 the prevention, treatment, and control of, and research on,

26 infectious diseases in developing countries in fiscal year
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1 2000 shall be made available for such activities in fiscal

2 year 2001, of which amount not less than $225,000,000

3 shall be made available for such programs for HIV/AIDS

4 including not less than $15,000,000 which shall be made

5 available to support the development of microbicides as a

6 means for combating HIV/AIDS: Provided further, That

7 of the funds appropriated under this heading for infectious

8 diseases, not less than $41,000,000 should be made avail9 able for programs for the prevention, treatment, control

10 of, and research on tuberculosis, and not less than

11 $65,000,000 should be made available for programs for

12 the prevention, treatment, and control of, and research on,

13 malaria: Provided further, That of the funds appropriated

14 under this heading, not less than $50,000,000 shall be

15 made available for a United States contribution to the

16 Global Fund for Children’s Vaccines.

17 CYPRUS

18 Of the funds appropriated under the headings ‘‘De19 velopment Assistance’’ and ‘‘Economic Support Fund’’,

20 not less than $15,000,000 shall be made available for Cy21 prus to be used only for scholarships, administrative sup22 port of the scholarship program, bicommunal projects, and

23 measures aimed at reunification of the island and designed

24 to reduce tensions and promote peace and cooperation be25 tween the two communities on Cyprus.
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1 LEBANON

2 Of the funds appropriated under the headings ‘‘De3 velopment Assistance’’ and ‘‘Economic Support Fund’’,

4 not less than $15,000,000 should be made available for

5 Lebanon to be used, among other programs, for scholar6 ships and direct support of the American educational insti7 tutions in Lebanon.

8 IRAQ

9 Notwithstanding any other provision of law, of the

10 funds appropriated under the headings ‘‘Development As11 sistance’’ and ‘‘Economic Support Fund’’, not less than

12 $25,000,000 shall be made available for programs benefit13 ting the Iraqi people, of which not less than $15,000,000

14 shall be made available for food, medicine, and other hu15 manitarian assistance (including related administrative,

16 communications, logistical, and transportation costs) to be

17 provided to the Iraqi people inside Iraq: Provided, That

18 such assistance shall be provided through the Iraqi Na19 tional Congress Support Foundation or the Iraqi National

20 Congress: Provided further, That not less than

21 $10,000,000 of the amounts made available for programs

22 benefitting the Iraqi people shall be made available to the

23 Iraqi National Congress Support Foundation or the Iraqi

24 National Congress for the production and broadcasting in25 side Iraq of radio and satellite television programming:

26 Provided further, That the President shall, not later than
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1 30 days after the date of enactment of this Act, submit

2 to the Committees on Appropriations of the Senate and

3 the House of Representatives a plan (in classified or un4 classified form) for the transfer to the Iraqi National Con5 gress Support Foundation or the Iraqi National Congress

6 of humanitarian assistance for the Iraqi people pursuant

7 to this paragraph, and for the commencement of broad8 casting operations by them pursuant to this paragraph.

9 BURMA

10 Of the funds appropriated under the headings ‘‘Eco11 nomic Support Fund’’ and ‘‘Development Assistance’’, not

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

13 democracy activities in Burma, democracy and humani14 tarian activities along the Burma-Thailand border, and for

15 Burmese student groups and other organizations located

16 outside Burma: Provided, That funds made available for

17 Burma-related activities under this heading may be made

18 available notwithstanding any other provision of law: Pro19 vided further, That the provision of such funds shall be

20 made available subject to the regular notification proce21 dures of the Committees on Appropriations.

22 CONSERVATION FUND

23 Of the funds made available under the headings ‘‘De24 velopment Assistance’’ and ‘‘Economic Support Fund’’,

25 not less than $3,000,000 shall be made available to sup-
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1 port the preservation of habitats and related activities for

2 endangered 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 organi8 zation, which obtains less than 20 percent of its total an9 nual funding for international activities from sources other

10 than the United States Government: Provided, That the

11 Administrator of the Agency for International Develop12 ment may, on a case-by-case basis, waive the restriction

13 contained in this paragraph, after taking into account the

14 effectiveness of the overseas development activities of the

15 organization, its level of volunteer support, its financial

16 viability and stability, and the degree of its dependence

17 for its financial support on the agency.

18 Funds appropriated or otherwise made available

19 under title II of this Act should be made available to pri20 vate and voluntary organizations at a level which is at

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

22 INTERNATIONAL DISASTER ASSISTANCE

23 For necessary expenses for international disaster re24 lief, rehabilitation, and reconstruction assistance pursuant

25 to section 491 of the Foreign Assistance Act of 1961, as
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1 amended, $220,000,000, to remain available until ex2 pended.

3 DEVELOPMENT CREDIT AUTHORITY PROGRAM ACCOUNT

4 For administrative expenses to carry out the direct

5 and guaranteed loan programs, $4,000,000, which may be

6 transferred to and merged with the appropriation for ‘‘Op7 erating Expenses of the Agency for International Develop8 ment’’.

9 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

10 DISABILITY FUND

11 For payment to the ‘‘Foreign Service Retirement and

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

13 Act of 1980, $44,489,000.

14 OPERATING EXPENSES OF THE AGENCY FOR

15 INTERNATIONAL DEVELOPMENT

16 For necessary expenses to carry out the provisions

17 of section 667, $510,000,000.

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

20 GENERAL

21 For necessary expenses to carry out the provisions

22 of section 667, $25,000,000, to remain available until Sep23 tember 30, 2002, which sum shall be available for the Of24 fice of the Inspector General of the Agency for Inter25 national Development.
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1 OTHER BILATERAL ECONOMIC ASSISTANCE

2 ECONOMIC SUPPORT FUND

3 For necessary expenses to carry out the provisions

4 of chapter 4 of part II, $2,220,000,000, to remain avail5 able until September 30, 2002: Provided, That of the

6 funds appropriated under this heading, not less than

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

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

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

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

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

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

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

14 provided with the understanding that Egypt will under15 take significant economic reforms which are additional to

16 those which were undertaken in previous fiscal years, and

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

18 Commodity Import Program assistance: Provided further,

19 That for fiscal year 2001, up to the Egyptian pound equiv20 alent of $50,000,000 generated from funds made available

21 by this paragraph or generated from funds appropriated

22 under this heading in prior appropriations Acts, may be

23 made available to the United States pursuant to the

24 United States-Egypt Economic, Technical and Related As25 sistance Agreements of 1978, for the following activities
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1 under such Agreements: up to the Egyptian pound equiva2 lent of $35,000,000 may be made available for costs asso3 ciated with the relocation of the American University in

4 Cairo, and up to the Egyptian pound equivalent of

5 $15,000,000 may be made available for projects and pro6 grams including establishment of an endowment, which

7 promote the preservation and restoration of Egyptian an8 tiquities, of which up to the Egyptian pound equivalent

9 of $3,000,000 may be made available for the Theban Map10 ping Project: Provided further, That in exercising the au11 thority to provide cash transfer assistance for Israel, the

12 President shall ensure that the level of such assistance

13 does not cause an adverse impact on the total level of non14 military exports from the United States to such country

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

16 equivalent to the fiscal year 1999 agreement: Provided fur17 ther, That of the funds appropriated under this heading,

18 not less than $150,000,000 shall be made available for

19 assistance for Jordan: Provided further, That of funds

20 made available under this heading not less than

21 $2,000,000 shall be available to support the American

22 Center for Oriental Research: Provided further, That of

23 the funds appropriated under this heading, not less than

24 $25,000,000 shall be made available for assistance for

25 East Timor of which up to $1,000,000 may be transferred
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1 to and merged with the appropriation for ‘‘Operating Ex2 penses of the Agency for International Development’’.

3 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

4 STATES

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

6 of the Foreign Assistance Act of 1961 and the Support

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

8 $635,000,000, to remain available until September 30,

9 2002, which shall be available, notwithstanding any other

10 provision of law, for assistance and for related programs

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

12 of the funds appropriated under this heading not less than

13 $89,000,000 shall be made available for assistance for

14 Montenegro: Provided further, That of the funds made

15 available under this heading and the headings ‘‘Inter16 national Narcotics Control and Law Enforcement’’ and

17 ‘‘Economic Support Fund’’, not to exceed $75,000,000

18 shall be made available for Bosnia and Herzegovina.

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

20 less than $60,000,000 should be made available for Cro21 atia: Provided, That the Secretary of State shall make

22 funds for activities and projects in Croatia available only

23 after certifying that the Government of Croatia is fulfilling

24 its declared commitments: (1) to cooperate with the Inter25 national Criminal Tribunal for Yugoslavia including pro26 viding documents; (2) to take immediate steps to end Cro-
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1 atian financial, political, security, and other support which

2 has served to maintain separate Herceg Bosna institu3 tions; (3) to establish a swift timetable and cooperate in

4 support of the safe return of refugees; and (4) to accel5 erate political, media, electoral and anti-corruption re6 forms: Provided further, That the Secretary of State shall

7 report to the Committees on Appropriations 90 days after

8 the date of enactment of this Act on the progress achieved

9 by the Government of Croatia in fulfilling pledges made

10 to meet the preceding proviso.

11 (c) None of the funds made available under this head12 ing for Kosova shall be made available until the Secretary

13 of State certifies that the resources obligated and ex14 pended by the United States in Kosova do not exceed 15

15 percent of the total resources obligated and expended by

16 all donors: Provided, That none of the funds made avail17 able under this heading for Kosova shall be made available

18 for large scale physical infrastructure reconstruction: Pro19 vided further, That of the funds made available under this

20 heading for Kosova, not less than 50 percent shall be

21 made available through non-government organizations.

22 (d) Funds appropriated under this heading or in

23 prior appropriations Acts that are or have been made

24 available for an Enterprise Fund may be deposited by

25 such Fund in interest-bearing accounts prior to the
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1 Fund’s disbursement of such funds for program purposes.

2 The Fund may retain for such program purposes any in3 terest earned on such deposits without returning such in4 terest to the Treasury of the United States and without

5 further appropriation by the Congress. Funds made avail6 able for Enterprise Funds shall be expended at the min7 imum rate necessary to make timely payment for projects

8 and activities.

9 (e) Funds appropriated under this heading shall be

10 considered to be economic assistance under the Foreign

11 Assistance Act of 1961 for purposes of making available

12 the administrative authorities contained in that Act for

13 the use of economic assistance.

14 (f) None of the funds appropriated under this head15 ing may be made available for new housing construction

16 or repair or reconstruction of existing housing in Bosnia

17 and Herzegovina unless directly related to the efforts of

18 United States troops to promote peace in said country.

19 (g) With regard to funds appropriated under this

20 heading for the economic revitalization program in Bosnia

21 and Herzegovina, and local currencies generated by such

22 funds (including the conversion of funds appropriated

23 under this heading into currency used by Bosnia and

24 Herzegovina as local currency and local currency returned

25 or repaid under such program) the Administrator of the
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1 Agency for International Development shall provide writ2 ten approval for grants and loans prior to the obligation

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

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

5 lending facility or grantee.

6 (h) The provisions of section 532 of this Act shall

7 apply to funds made available under subsection (g) and

8 to funds appropriated under this heading.

9 (i) The President shall withhold funds appropriated

10 under this heading made available for economic revitaliza11 tion programs in Bosnia and Herzegovina, if he deter12 mines and certifies to the Committees on Appropriations

13 that the Federation of Bosnia and Herzegovina has not

14 complied with article III of annex 1–A of the General

15 Framework Agreement for Peace in Bosnia and

16 Herzegovina concerning the withdrawal of foreign forces,

17 and that intelligence cooperation on training, investiga18 tions, and related activities between Iranian officials and

19 Bosnian officials has not been terminated.

20 ASSISTANCE FOR THE INDEPENDENT STATES

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

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

23 1961 and the FREEDOM Support Act, for assistance for

24 the Independent States of the former Soviet Union and

25 for related programs, $775,000,000, to remain available

26 until September 30, 2002: Provided, That the provisions
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1 of such chapter shall apply to funds appropriated by this

2 paragraph: Provided further, That of the funds made avail3 able for the Southern Caucasus region, notwithstanding

4 any other provision of law, funds may be used for con5 fidence-building measures and other activities in further6 ance of the peaceful resolution of the regional conflicts,

7 especially those in the vicinity of Abkhazia and Nagorno8 Karabagh: Provided further, That of the amounts appro9 priated under this heading not less than $20,000,000 shall

10 be made available solely for the Russian Far East, not

11 less than $400,000 shall be made available to support the

12 Cochran Fellowship Program in Russia, and not less than

13 $250,000 shall be made available to support the Moscow

14 School of Political Studies.

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

16 less than $175,000,000 should be made available for as17 sistance for Ukraine: Provided, That of this amount, not

18 less than $25,000,000 shall be made available for nuclear

19 reactor safety initiatives, not less than $1,000,000 shall

20 be made available to the University of Southern Alabama

21 to study environmental causes of birth defects, and not

22 less than $5,000,000 shall be made available for the

23 Ukranian Land and Resource Management Center.

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

25 less than $94,000,000 shall be made available for assist-
25

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1 ance for Georgia of which not less than $25,000,000 shall

2 be made available to support Border Security Guard ini3 tiatives, and not less than $5,000,000 shall be made avail4 able for development and training of municipal officials

5 in water resource management, transportation and agri6 business.

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

8 less than $89,000,000 shall be made available for assist9 ance for Armenia.

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

11 not apply to—

12 (1) activities to support democracy or assist13 ance under title V of the FREEDOM Support Act

14 and section 1424 of Public Law 104–201;

15 (2) any assistance provided by the Trade and

16 Development Agency under section 661 of the For17 eign Assistance Act of 1961 (22 U.S.C. 2421);

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

19 United States and Foreign Commercial Service while

20 acting within his or her official capacity;

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

22 other assistance provided by the Overseas Private

23 Investment Corporation under title IV of chapter 2

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

25 U.S.C. 2191 et seq.);
26

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1 (5) any financing provided under the Export2 Import Bank Act of 1945; or

3 (6) humanitarian assistance.

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

5 for nuclear safety activities, not to exceed 7 percent of

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

7 pay for management costs incurred by a United States

8 agency or national lab in administering said project.

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

10 Act not less than $12,000,000 shall be made available for

11 assistance for Mongolia of which not less than $6,000,000

12 should be made available from funds appropriated under

13 this heading: Provided, That funds made available for as14 sistance for Mongolia may be made available in accordance

15 with the purposes and utilizing the authorities provided

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

17 1961.

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

19 that are allocated for assistance for the Government of

20 the Russian Federation, 50 percent shall be withheld from

21 obligation until the President determines and certifies in

22 writing to the Committees on Appropriations that the Gov23 ernment of the Russian Federation has terminated imple24 mentation of arrangements to provide Iran with technical

25 expertise, training, technology, or equipment necessary to
27

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1 develop a nuclear reactor, related nuclear research facili2 ties or programs, or ballistic missile capability.

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

4 (A) assistance to combat infectious diseases;

5 and

6 (B) activities authorized under title V (Non7 proliferation and Disarmament Programs and Ac8 tivities) of the FREEDOM Support Act.

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

10 may be made available for assistance for the Government

11 of the Russian Federation until the Secretary of State cer12 tifies that: (a) the Government of the Russian Federation

13 is fully cooperating with international efforts to investigate

14 allegations of war crimes and atrocities in Chechnya; and,

15 (b) the Government of the Russian Federation is providing

16 full access to international non-government organizations

17 providing humanitarian relief to refugees and internally

18 displaced persons in Chechnya: Provided, That of the

19 funds appropriated under this heading for assistance for

20 Russia, not less than $10,000,000 shall be made available

21 to non-government organizations providing humanitarian

22 relief in Chechnya and Ingushetia.
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1 INDEPENDENT AGENCY

2 PEACE CORPS

3 For necessary expenses to carry out the provisions

4 of the Peace Corps Act (75 Stat. 612), $220,000,000, in5 cluding the purchase of not to exceed five passenger motor

6 vehicles for administrative purposes for use outside of the

7 United States: Provided, That none of the funds appro8 priated under this heading shall be used to pay for abor9 tions: Provided further, That funds appropriated under

10 this heading shall remain available until September 30,

11 2002.

12 DEPARTMENT OF STATE

13 INTERNATIONAL NARCOTICS CONTROL AND LAW

14 ENFORCEMENT

15 For necessary expenses to carry out section 481 of

16 the Foreign Assistance Act of 1961, $220,000,000.

17 MIGRATION AND REFUGEE ASSISTANCE

18 For expenses, not otherwise provided for, necessary

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

20 by law, a contribution to the International Committee of

21 the Red Cross, assistance to refugees, including contribu22 tions to the International Organization for Migration and

23 the United Nations High Commissioner for Refugees, and

24 other activities to meet refugee and migration needs; sala25 ries and expenses of personnel and dependents as author26 ized by the Foreign Service Act of 1980; allowances as
29

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1 authorized by sections 5921 through 5925 of title 5,

2 United States Code; purchase and hire of passenger motor

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

4 5, United States Code, $615,000,000, which shall remain

5 available until expended: Provided, That not more than

6 $14,000,000 shall be available for administrative ex7 penses: Provided further, That funds appropriated under

8 this heading to support activities and programs conducted

9 by the United Nations High Commissioner for Refugees

10 shall be made available subject to the regular notification

11 procedures of the Committees on Appropriations: Provided

12 further, That not less than $60,000,000 shall be made

13 available for refugees from the former Soviet Union and

14 Eastern Europe and other refugees resettling in Israel.

15 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

16 ASSISTANCE FUND

17 For necessary expenses to carry out the provisions

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

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

20 $15,000,000, to remain available until expended: Pro21 vided, That the funds made available under this heading

22 are appropriated notwithstanding the provisions contained

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

24 of funds which could be appropriated for this purpose.
30

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1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For necessary expenses for nonproliferation, anti-ter4 rorism and related programs and activities, $215,000,000,

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

6 Foreign Assistance Act of 1961 for anti-terrorism assist7 ance, section 504 of the FREEDOM Support Act for the

8 Nonproliferation and Disarmament Fund, section 23 of

9 the Arms Export Control Act or the Foreign Assistance

10 Act of 1961 for demining activities, the clearance of

11 unexploded ordnance, the destruction of small arms, and

12 related activities, notwithstanding any other provision of

13 law, including activities implemented through nongovern14 mental and international organizations, section 301 of the

15 Foreign Assistance Act of 1961 for a voluntary contribu16 tion to the International Atomic Energy Agency (IAEA)

17 and a voluntary contribution to the Korean Peninsula En18 ergy Development Organization (KEDO), and for a

19 United States contribution to the Comprehensive Nuclear

20 Test Ban Treaty Preparatory Commission: Provided, That

21 20 days prior to the obligation of funds for use by the

22 Comprehensive Test Ban Treaty Preparatory Commission,

23 the Secretary of State shall provide a report to the Com24 mittees on Appropriations describing the anticipated use

25 of such funds: Provided further, That of this amount not
31

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

2 may be made available for the Nonproliferation and Disar3 mament Fund, notwithstanding any other provision of

4 law, to promote bilateral and multilateral activities relat5 ing to nonproliferation and disarmament: Provided fur6 ther, That such funds may also be used for such countries

7 other than the Independent States of the former Soviet

8 Union and international organizations when it is in the

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

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

11 regular notification procedures of the Committees on Ap12 propriations: Provided further, That funds appropriated

13 under this heading may be made available for the Inter14 national Atomic Energy Agency only if the Secretary of

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

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

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

18 funds appropriated under this heading, $40,000,000

19 should be made available for demining, clearance of

20 unexploded ordnance, and related activities: Provided fur21 ther, That of the funds made available for demining and

22 related activities, not to exceed $500,000, in addition to

23 funds otherwise available for such purposes, may be used

24 for administrative expenses related to the operation and

25 management of the demining program.
32

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1 DEPARTMENT OF THE TREASURY

2 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

3 For necessary expenses to carry out the provisions

4 of section 129 of the Foreign Assistance Act of 1961 (re5 lating to international affairs technical assistance activi6 ties), $5,000,000, to remain available until expended,

7 which shall be available nowithstanding any other provi8 sion of law.

9 DEBT RESTRUCTURING

10 For the cost, as defined in section 502 of the Con11 gressional Budget Act of 1974, of modifying loans and

12 loan guarantees, as the President may determine, for

13 which funds have been appropriated or otherwise made

14 available for programs within the International Affairs

15 Budget Function 150, including the cost of selling, reduc16 ing, or canceling amounts owed to the United States as

17 a result of concessional loans made to eligible countries,

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

19 of 1961, and of modifying concessional credit agreements

20 with least developed countries, as authorized under section

21 411 of the Agricultural Trade Development and Assist22 ance Act of 1954, as amended, and concessional loans,

23 guarantees and credit agreements, as authorized under

24 section 572 of the Foreign Operations, Export Financing,

25 and Related Programs Appropriations Act, 1989 (Public

26 Law 100–461), $75,000,000, to remain available until ex-
33

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1 pended: Provided, That of this amount, funds may be

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

3 the Foreign Assistance Act of 1961 or as a contribution

4 to the Heavily Indebted Poor Countries Trust Fund ad5 ministered by the International Bank for Reconstruction

6 and Development: Provided further, That funds made

7 available under this heading shall be available subject to

8 authorization by the appropriate committees: Provided

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

10 411 of the Agricultural Trade Development and Assist11 ance Act of 1954 shall not apply to funds appropriated

12 hereunder or previously appropriated under this heading:

13 Provided further, That the authority provided by section

14 572 of Public Law 100–461 may be exercised only with

15 respect to countries that are eligible to borrow from the

16 International Development Association, but not from the

17 International Bank for Reconstruction and Development,

18 commonly referred to as ‘‘IDA-only’’ countries.

19 TITLE III—MILITARY ASSISTANCE

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 INTERNATIONAL MILITARY EDUCATION AND TRAINING

22 For necessary expenses to carry out the provisions

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

24 $55,000,000: Provided, That the civilian personnel for

25 whom military education and training may be provided
34

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1 under this heading may include civilians who are not mem2 bers of a government whose participation would contribute

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

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

5 That funds appropriated under this heading for grant fi6 nanced military education and training for Indonesia and

7 Guatemala may only be available for expanded inter8 national military education and training and funds made

9 available for Guatemala may only be provided through the

10 regular notification procedures of the Committees on Ap11 propriations.

12 FOREIGN MILITARY FINANCING PROGRAM

13 For expenses necessary for grants to enable the

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

15 Arms Export Control Act, $3,519,000,000: Provided,

16 That of the funds appropriated under this heading, not

17 less than $1,980,000,000 shall be available for grants only

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

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

20 the funds appropriated by this paragraph for Israel shall

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

22 or by October 31, 2000, whichever is later: Provided fur23 ther, That to the extent that the Government of Israel re24 quests that funds be used for such purposes, grants made

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

26 Israel and the United States, be available for advanced
35

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1 weapons systems, of which not less than 26.26 percent

2 shall be available for the procurement in Israel of defense

3 articles and defense services, including research and devel4 opment: Provided further, That of the funds appropriated

5 by this paragraph, not less than $75,000,000 shall be

6 available for assistance for Jordan: Provided further, That

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

8 $10,000,000 shall be made available for assistance for Tu9 nisia: Provided further, That during fiscal year 2001, the

10 President is authorized to, and shall, direct the draw11 downs of defense articles from the stocks of the Depart12 ment of Defense, defense services of the Department of

13 Defense, and military education and training of an aggre14 gate value of not less than $4,000,000 under the authority

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

16 the Foreign Assistance Act of 1961 and any amount so

17 directed shall count toward meeting the earmark in the

18 preceding proviso: Provided further, That of the funds ap19 propriated by this paragraph, not less than $12,000,000

20 shall be made available for Georgia: Provided further, That

21 during fiscal year 2001, the President is authorized to,

22 and shall, direct the draw-downs of defense articles from

23 the stocks of the Department of Defense, defense services

24 of the Department of Defense, and military education and

25 training of an aggregate value of not less than $5,000,000
36

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1 under the authority of this proviso for Georgia for the pur2 poses of part II of the Foreign Assistance Act of 1961

3 and any amount so directed shall count toward meeting

4 the earmark in the preceding proviso: Provided further,

5 That pursuant to section 3(a)(2) of the Arms Export Con6 trol Act and section 505(a)(1)(B) of the Foreign Assist7 ance Act of 1961, the United States consents to the trans8 fer by Turkey to Georgia of defense articles sold by the

9 United States to Turkey having an aggregate, current

10 market value of not to exceed $10,000,000 for fiscal year

11 2001: Provided further, That funds appropriated by this

12 paragraph shall be nonrepayable notwithstanding any re13 quirement in section 23 of the Arms Export Control Act:

14 Provided further, That funds made available under this

15 paragraph shall be obligated upon apportionment in ac16 cordance with paragraph (5)(C) of title 31, United States

17 Code, section 1501(a).

18 None of the funds made available under this heading

19 shall be available to finance the procurement of defense

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

22 under the Arms Export Control Act unless the foreign

23 country proposing to make such procurements has first

24 signed an agreement with the United States Government

25 specifying the conditions under which such procurements
37

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

5 funds appropriated under this heading shall be available

6 for assistance for Sudan and Liberia: Provided further,

7 That funds made available under this heading may be

8 used, notwithstanding any other provision of law, for

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

11 through nongovernmental and international organizations:

12 Provided further, That none of the funds appropriated

13 under this heading shall be available for assistance for

14 Guatemala: Provided further, That only those countries for

15 which assistance was justified for the ‘‘Foreign Military

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

18 may utilize funds made available under this heading for

19 procurement of defense articles, defense services or design

20 and construction services that are not sold by the United

21 States Government under the Arms Export Control Act:

22 Provided further, That funds appropriated under this

23 heading shall be expended at the minimum rate necessary

24 to make timely payment for defense articles and services:

25 Provided further, That not more than $33,000,000 of the
38

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1 funds appropriated under this heading may be obligated

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

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

6 That not more than $330,000,000 of funds realized pursu7 ant to section 21(e)(1)(A) of the Arms Export Control Act

8 may be obligated for expenses incurred by the Department

9 of Defense during fiscal year 2001 pursuant to section

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

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

13 PEACEKEEPING OPERATIONS

14 For necessary expenses to carry out the provisions

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

16 $85,000,000: Provided, That none of the funds appro17 priated under this heading shall be obligated or expended

18 except as provided through the regular notification proce19 dures of the Committees on Appropriations.

20 TITLE IV—MULTILATERAL ECONOMIC

21 ASSISTANCE

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL FINANCIAL INSTITUTIONS

24 GLOBAL ENVIRONMENT FACILITY

25 For the United States contribution for the Global En26 vironment Facility, $50,000,000, to the International
39

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1 Bank for Reconstruction and Development as trustee for

2 the Global Environment Facility, by the Secretary of the

3 Treasury, to remain available until expended, for contribu4 tions previously due.

5 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

6 ASSOCIATION

7 For payment to the International Development Asso8 ciation by the Secretary of the Treasury, $750,000,000,

9 to remain available until expended.

10 CONTRIBUTION TO THE MULTILATERAL INVESTMENT

11 GUARANTEE AGENCY

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

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

16 LIMITATION ON CALLABLE CAPITAL

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

19 year limitation for the callable capital portion of the

20 United States share of such capital stock in an amount

21 not to exceed $80,000,000.

22 CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT

23 CORPORATION

24 For payment to the Inter-American Investment Cor25 poration, by the Secretary of the Treasury, $10,000,000,
40

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

3 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

4 For the United States contribution by the Secretary

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

6 Development Fund, as authorized by the Asian Develop7 ment Bank Act, as amended, $100,000,000, to remain

8 available until expended.

9 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

10 For payment to the African Development Bank by

11 the Secretary of the Treasury, $6,100,000, for the United

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

13 remain available until expended.

14 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

15 The United States Governor of the African Develop16 ment Bank may subscribe without fiscal year limitation

17 for the callable capital portion of the United States share

18 of such capital stock in an amount not to exceed

19 $95,983,000.

20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

21 For the United States contribution by the Secretary

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

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

24 expended.
41

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1 CONTRIBUTION TO THE EUROPEAN BANK FOR

2 RECONSTRUCTION AND DEVELOPMENT

3 For payment to the European Bank for Reconstruc4 tion and Development by the Secretary of the Treasury,

5 $35,779,000, for the United States share of the paid-in

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

7 until expended.

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the European Bank

10 for Reconstruction and Development may subscribe with11 out fiscal year limitation to the callable capital portion of

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

13 not to exceed $123,238,000.

14 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

15 For necessary expenses to carry out the provisions

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

17 of section 2 of the United Nations Environment Program

18 Participation Act of 1973, $288,000,000: Provided, That

19 none of the funds appropriated under this heading shall

20 be made available for the United Nations Fund for

21 Science and Technology: Provided further, That not less

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

23 Food Program: Provided further, That of the funds appro24 priated under this heading, not less than $25,000,000

25 shall be made available for the United Nations Fund for

26 Population Activities (UNFPA): Provided further, That
42

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1 none of the funds appropriated under this heading that

2 are made available to UNFPA shall be made available for

3 activities in the People’s Republic of China: Provided fur4 ther, That with respect to any funds appropriated under

5 this heading that are made available to UNFPA, UNFPA

6 shall be required to maintain such funds in a separate ac7 count and not commingle them with any other funds: Pro8 vided further, That none of the funds appropriated under

9 this heading may be made available to the Korean Penin10 sula Energy Development Organization (KEDO) or the

11 International Atomic Energy Agency (IAEA).

12 TITLE V—GENERAL PROVISIONS

13 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

14 SEC. 501. Except for the appropriations entitled

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

16 Emergency Refugee and Migration Assistance Fund’’, not

17 more than 15 percent of any appropriation item made

18 available by this Act shall be obligated during the last

19 month of availability.

20 PROHIBITION OF BILATERAL FUNDING FOR

21 INTERNATIONAL FINANCIAL INSTITUTIONS

22 SEC. 502. Notwithstanding section 614 of the For23 eign Assistance Act of 1961, none of the funds contained

24 in title II of this Act may be used to carry out the provi25 sions of section 209(d) of the Foreign Assistance Act of

26 1961: Provided, That none of the funds appropriated by
43

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

2 International Development directly to an international fi3 nancial institution (as defined in section 533 of this Act)

4 for the purpose of repaying a foreign country’s loan obliga5 tions to such institution.

6 LIMITATION ON RESIDENCE EXPENSES

7 SEC. 503. Of the funds appropriated or made avail8 able pursuant to this Act, not to exceed $126,500 shall

9 be for official residence expenses of the Agency for Inter10 national Development during the current fiscal year: Pro11 vided, That appropriate steps shall be taken to assure

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

14 LIMITATION ON EXPENSES

15 SEC. 504. Of the funds appropriated or made avail16 able pursuant to this Act, not to exceed $5,000 shall be

17 for entertainment expenses of the Agency for International

18 Development during the current fiscal year.

19 LIMITATION ON REPRESENTATIONAL ALLOWANCES

20 SEC. 505. Of the funds appropriated or made avail21 able pursuant to this Act, not to exceed $95,000 shall be

22 available for representation allowances for the Agency for

23 International Development during the current fiscal year:

24 Provided, That appropriate steps shall be taken to assure

25 that, to the maximum extent possible, United States26 owned foreign currencies are utilized in lieu of dollars:
44

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

2 Act for general costs of administering military assistance

3 and sales under the heading ‘‘Foreign Military Financing

4 Program’’, not to exceed $2,000 shall be available for en5 tertainment expenses and not to exceed $50,000 shall be

6 available for representation allowances: Provided further,

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

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

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

10 allowances: Provided further, That of the funds made

11 available by this Act for the Peace Corps, not to exceed

12 a total of $4,000 shall be available for entertainment ex13 penses: Provided further, That of the funds made available

14 by this Act under the heading ‘‘Trade and Development

15 Agency’’, not to exceed $2,000 shall be available for rep16 resentation and entertainment allowances

17 PROHIBITION ON FINANCING NUCLEAR GOODS

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

19 available (other than funds for ‘‘Nonproliferation, Anti20 terrorism, Demining and Related Programs’’) pursuant to

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

22 1961, may be used, except for purposes of nuclear safety,

23 to finance the export of nuclear equipment, fuel, or tech24 nology.
45

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1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 507. None of the funds appropriated or other4 wise made available pursuant to this Act shall be obligated

5 or expended to finance directly any assistance or repara6 tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or

7 Syria: Provided, That for purposes of this section, the pro8 hibition on obligations or expenditures shall include direct

9 loans, credits, insurance and guarantees of the Export-Im10 port Bank or its agents.

11 MILITARY COUPS

12 SEC. 508. None of the funds appropriated or other13 wise made available pursuant to this Act shall be obligated

14 or expended to finance directly any assistance to any coun15 try whose duly elected head of government is deposed by

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

17 resumed to such country if the President determines and

18 reports to the Committees on Appropriations that subse19 quent to the termination of assistance a democratically

20 elected government has taken office.

21 TRANSFERS BETWEEN ACCOUNTS

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

23 Act may be obligated under an appropriation account to

24 which they were not appropriated, except for transfers

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

26 prior to the exercise of any authority contained in the For-
46

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1 eign Assistance Act of 1961 to transfer funds, consults

2 with and provides a written policy justification to the

3 Committees on Appropriations of the House of Represent4 atives and the Senate.

5 DEOBLIGATION/REOBLIGATION AUTHORITY

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

7 1311 of the Supplemental Appropriations Act, 1955, as

8 having been obligated against appropriations heretofore

9 made under the authority of the Foreign Assistance Act

10 of 1961 for the same general purpose as any of the head11 ings under title II of this Act are, if deobligated, hereby

12 continued available for the same period as the respective

13 appropriations under such headings or until September

14 30, 2001, whichever is later, and for the same general pur15 pose, and for countries within the same region as origi16 nally obligated: Provided, That the Appropriations Com17 mittees of both Houses of the Congress are notified 15

18 days in advance of the reobligation of such funds in ac19 cordance with regular notification procedures of the Com20 mittees on Appropriations.

21 (b) Obligated balances of funds appropriated to carry

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

23 end of the fiscal year immediately preceding the current

24 fiscal year are, if deobligated, hereby continued available

25 during the current fiscal year for the same purpose under

26 any authority applicable to such appropriations under this
47

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

2 not be used in fiscal year 2001.

3 AVAILABILITY OF FUNDS

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

5 this Act shall remain available for obligation after the ex6 piration of the current fiscal year unless expressly so pro7 vided in this Act: Provided, That funds appropriated for

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

9 667, and chapter 4 of part II of the Foreign Assistance

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

11 heading ‘‘Assistance for Eastern Europe and the Baltic

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

13 funds are initially obligated before the expiration of their

14 respective periods of availability contained in this Act:

15 Provided further, That, notwithstanding any other provi16 sion of this Act, any funds made available for the purposes

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

18 Foreign Assistance Act of 1961 which are allocated or ob19 ligated for cash disbursements in order to address balance

20 of payments or economic policy reform objectives, shall re21 main available until expended: Provided further, That the

22 report required by section 653(a) of the Foreign Assist23 ance Act of 1961 shall designate for each country, to the

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

25 those funds allocated for cash disbursement for balance

26 of payment and economic policy reform purposes.
48

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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 govern4 ment which is in default during a period in excess of one

5 calendar year in payment to the United States of principal

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

7 United States pursuant to a program for which funds are

8 appropriated under this Act: Provided, That this section

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

10 shall not apply to funds made available for any narcotics11 related assistance for Colombia, Bolivia, and Peru author12 ized by the Foreign Assistance Act of 1961 or the Arms

13 Export Control Act.

14 COMMERCE AND TRADE

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

16 made available pursuant to this Act for direct assistance

17 and none of the funds otherwise made available pursuant

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

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

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

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

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

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

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

5 United States are likely to outweigh the injury to United

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

8 Committees on Appropriations.

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

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

11 Assistance Act of 1961 shall be available for any testing

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

14 in connection with the growth or production in a foreign

15 country of an agricultural commodity for export which

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

18 shall not prohibit—

19 (1) activities designed to increase food security

20 in developing countries where such activities will not

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

23 (2) research activities intended primarily to

24 benefit American producers.
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1 SURPLUS COMMODITIES

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

5 International Development Association, the International

6 Finance Corporation, the Inter-American Development

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

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

13 oppose any assistance by these institutions, using funds

14 appropriated or made available pursuant to this Act, for

15 the production or extraction of any commodity or mineral

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

17 assistance will cause substantial injury to United States

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

19 NOTIFICATION REQUIREMENTS

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

22 none of the funds made available under this Act for ‘‘De23 velopment Assistance’’, ‘‘Global Health’’, ‘‘International

24 Organizations and Programs’’, ‘‘Trade and Development

25 Agency’’, ‘‘International Narcotics Control and Law En26 forcement’’, ‘‘Assistance for Eastern Europe and the Bal-
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1 tic States’’, ‘‘Assistance for the Independent States’’,

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

3 ‘‘Operating Expenses of the Agency for International De4 velopment’’, ‘‘Operating Expenses of the Agency for Inter5 national Development Office of Inspector General’’, ‘‘Non6 proliferation, Anti-terrorism, Demining and Related Pro7 grams’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter8 national Military Education and Training’’, ‘‘Peace

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

10 available for obligation for activities, programs, projects,

11 type of materiel assistance, countries, or other operations

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

13 Appropriations Committees for obligation under any of

14 these specific headings unless the Appropriations Commit15 tees of both Houses of Congress are previously notified

16 15 days in advance: Provided, That the President shall

17 not enter into any commitment of funds appropriated for

18 the purposes of section 23 of the Arms Export Control

19 Act for the provision of major defense equipment, other

20 than conventional ammunition, or other major defense

21 items defined to be aircraft, ships, missiles, or combat ve22 hicles, not previously justified to Congress or 20 percent

23 in excess of the quantities justified to Congress unless the

24 Committees on Appropriations are notified 15 days in ad25 vance of such commitment: Provided further, That this
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1 section shall not apply to any reprogramming for an activ2 ity, program, or project under chapter 1 of part I of the

3 Foreign Assistance Act of 1961 of less than 10 percent

4 of the amount previously justified to the Congress for obli5 gation for such activity, program, or project for the cur6 rent fiscal year: Provided further, That the requirements

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

8 other Act, including any prior Act requiring notification

9 in accordance with the regular notification procedures of

10 the Committees on Appropriations, may be waived if fail11 ure to do so would pose a substantial risk to human health

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

13 waiver, notification to the Congress, or the appropriate

14 congressional committees, shall be provided as early as

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

16 the action to which such notification requirement was ap17 plicable, in the context of the circumstances necessitating

18 such waiver: Provided further, That any notification pro19 vided pursuant to such a waiver shall contain an expla20 nation of the emergency circumstances.

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

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

23 the regular notification procedures of the Committees on

24 Appropriations.
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1 LIMITATION ON AVAILABILITY OF FUNDS FOR

2 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

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

8 available for organizations and programs because of the

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

11 until September 30, 2002.

12 INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

14 the heading ‘‘Assistance for the Independent States’’ shall

15 be made available for assistance for a government of an

16 Independent State of the former Soviet Union—

17 (1) unless that government is making progress

18 in implementing comprehensive economic reforms

19 based on market principles, private ownership, re20 spect for commercial contracts, and equitable treat21 ment of foreign private investment; and

22 (2) if that government applies or transfers

23 United States assistance to any entity for the pur24 pose of expropriating or seizing ownership or control

25 of assets, investments, or ventures.
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1 Assistance may be furnished without regard to this sub2 section if the President determines that to do so is in the

3 national interest.

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

5 ‘‘Assistance for the Independent States’’ shall be made

6 available for assistance for a government of an Inde7 pendent State of the former Soviet Union if that govern8 ment directs any action in violation of the territorial integ9 rity or national sovereignty of any other Independent

10 State of the former Soviet Union, such as those violations

11 included in the Helsinki Final Act: Provided, That such

12 funds may be made available without regard to the restric13 tion in this subsection if the President determines that

14 to do so is in the national security interest of the United

15 States.

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

17 ‘‘Assistance for the Independent States’’ shall be made

18 available for any state to enhance its military capability:

19 Provided, That this restriction does not apply to demili20 tarization, demining or nonproliferation programs.

21 (d) Funds appropriated under the heading ‘‘Assist22 ance for the Independent States’’ shall be subject to the

23 regular notification procedures of the Committees on Ap24 propriations.
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1 (e) Funds made available in this Act for assistance

2 for the Independent States of the former Soviet Union

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

4 to environment and natural resources) of the Foreign As5 sistance Act of 1961.

6 (f) Funds appropriated in this or prior appropriations

7 Acts that are or have been made available for an Enter8 prise Fund in the Independent States of the Former So9 viet Union may be deposited by such Fund in interest10 bearing accounts prior to the disbursement of such funds

11 by the Fund for program purposes. The Fund may retain

12 for such program purposes any interest earned on such

13 deposits without returning such interest to the Treasury

14 of the United States and without further appropriation by

15 the Congress. Funds made available for Enterprise Funds

16 shall be expended at the minimum rate necessary to make

17 timely payment for projects and activities.

18 (g) In issuing new task orders, entering into con19 tracts, or making grants, with funds appropriated in this

20 Act or prior appropriations Acts under the heading ‘‘As21 sistance for the Independent States’’ and under com22 parable headings in prior appropriations Acts, for projects

23 or activities that have as one of their primary purposes

24 the fostering of private sector development, the Coordi25 nator for United States Assistance to the New Inde-
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1 pendent States and the implementing agency shall encour2 age the participation of and give significant weight to con3 tractors and grantees who propose investing a significant

4 amount of their own resources (including volunteer serv5 ices and in-kind contributions) in such projects and activi6 ties.

7 PROHIBITION ON FUNDING FOR ABORTIONS AND

8 INVOLUNTARY STERILIZATION

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

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

11 amended, may be used to pay for the performance of abor12 tions as a method of family planning or to motivate or

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

14 made available to carry out part I of the Foreign Assist15 ance Act of 1961, as amended, may be used to pay for

16 the performance of involuntary sterilization as a method

17 of family planning or to coerce or provide any financial

18 incentive to any person to undergo sterilizations. None of

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

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

21 for any biomedical research which relates in whole or in

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

23 involuntary sterilization as a means of family planning.

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

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

26 obligated or expended for any country or organization if
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1 the President certifies that the use of these funds by any

2 such country or organization would violate any of the

3 above provisions related to abortions and involuntary steri4 lizations: Provided, That none of the funds made available

5 under this Act may be used to lobby for or against abor6 tion.

7 EXPORT FINANCING TRANSFER AUTHORITIES

8 SEC. 519. Not to exceed 5 percent of any appropria9 tion other than for administrative expenses made available

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

11 Act may be transferred between such appropriations for

12 use for any of the purposes, programs, and activities for

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

14 but no such appropriation, except as otherwise specifically

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

16 any such transfer: Provided, That the exercise of such au17 thority shall be subject to the regular notification proce18 dures of the Committees on Appropriations.

19 SPECIAL NOTIFICATION REQUIREMENTS

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

21 shall be obligated or expended for Colombia, Haiti, Libe22 ria, Pakistan, Panama, Serbia, Sudan, or the Democratic

23 Republic of Congo except as provided through the regular

24 notification procedures of the Committees on Appropria25 tions.
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1 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

3 project, and activity’’ shall be defined at the appropria4 tions Act account level and shall include all appropriations

5 and authorizations Acts earmarks, ceilings, and limita6 tions with the exception that for the following accounts:

7 Economic Support Fund and Foreign Military Financing

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

9 considered to include country, regional, and central pro10 gram level funding within each such account; for the devel11 opment assistance accounts of the Agency for Inter12 national Development ‘‘program, project, and activity’’

13 shall also be considered to include central program level

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

15 allocated by the executive branch in accordance with a re16 port, to be provided to the Committees on Appropriations

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

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

19 CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES

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

21 available by this Act for assistance for health, family plan22 ning, child survival, environment, basic education, and

23 AIDS, may be used to reimburse United States Govern24 ment agencies, agencies of State governments, institutions

25 of higher learning, and private and voluntary organiza26 tions for the full cost of individuals (including for the per-
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1 sonal services of such individuals) detailed or assigned to,

2 or contracted by, as the case may be, the Agency for Inter3 national Development for the purpose of carrying out child

4 survival, basic education, and infectious disease activities:

5 Provided, That up to $1,500,000 of the funds made avail6 able by this Act for assistance under the heading ‘‘Devel7 opment Assistance’’ may be used to reimburse such agen8 cies, institutions, and organizations for such costs of such

9 individuals carrying out other development assistance ac10 tivities: Provided further, That funds appropriated by this

11 Act that are made available for child survival activities or

12 disease programs including activities relating to research

13 on, and the prevention, treatment and control of, Acquired

14 Immune Deficiency Syndrome may be made available not15 withstanding any provision of law that restricts assistance

16 to foreign countries: Provided further, That funds appro17 priated by this Act that are made available for family

18 planning activities may be made available notwithstanding

19 section 512 of this Act and section 620(q) of the Foreign

20 Assistance Act of 1961.

21 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

22 COUNTRIES

23 SEC. 523. None of the funds appropriated or other24 wise made available pursuant to this Act shall be obligated

25 to finance indirectly any assistance or reparations to

26 Cuba, Iraq, Libya, Iran, Syria, North Korea, or the Peo-
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1 ple’s Republic of China, unless the President of the United

2 States certifies that the withholding of these funds is con3 trary to the national interest of the United States.

4 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

5 SEC. 524. Prior to providing excess Department of

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

7 Foreign Assistance Act of 1961, the Department of De8 fense shall notify the Committees on Appropriations to the

9 same extent and under the same conditions as are other

10 committees pursuant to subsection (f) of that section: Pro11 vided, That before issuing a letter of offer to sell excess

12 defense articles under the Arms Export Control Act, the

13 Department of Defense shall notify the Committees on

14 Appropriations in accordance with the regular notification

15 procedures of such Committees: Provided further, That

16 such Committees shall also be informed of the original ac17 quisition cost of such defense articles.

18 AUTHORIZATION REQUIREMENT

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

20 obligated and expended notwithstanding section 10 of

21 Public Law 91–672 and section 15 of the State Depart22 ment Basic Authorities Act of 1956.

23 DEMOCRACY IN CHINA

24 SEC. 526. Notwithstanding any other provision of law

25 that restricts assistance to foreign countries, funds appro26 priated by this Act for ‘‘Economic Support Fund’’ may
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1 be made available to provide general support and grants

2 for nongovernmental organizations located outside the

3 People’s Republic of China that have as their primary pur4 pose fostering democracy in that country, and for activi5 ties of nongovernmental organizations located outside the

6 People’s Republic of China to foster rule of law and de7 mocracy in that country: Provided, That none of the funds

8 made available for activities to foster democracy in the

9 People’s Republic of China may be made available for as10 sistance to the government of that country, except that

11 funds appropriated by this Act under the heading ‘‘Eco12 nomic Support Fund’’ that are made available for the Na13 tional Endowment for Democracy or its grantees may be

14 made available for activities to foster democracy in that

15 country notwithstanding this proviso and any other provi16 sion of law: Provided further, That funds made available

17 pursuant to the authority of this section shall be subject

18 to the regular notification procedures of the Committees

19 on Appropriations.

20 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

21 COUNTRIES

22 SEC. 527. (a) Funds appropriated for bilateral assist23 ance under any heading of this Act and funds appro24 priated under any such heading in a provision of law en25 acted prior to the enactment of this Act, shall not be made

26 available to any country which the President determines—
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1 (1) grants sanctuary from prosecution to any

2 individual or group which has committed an act of

3 international terrorism; or

4 (2) otherwise supports international terrorism.

5 (b) The President may waive the application of sub6 section (a) to a country if the President determines that

7 national security or humanitarian reasons justify such

8 waiver. The President shall publish each waiver in the

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

10 takes effect, shall notify the Committees on Appropria11 tions of the waiver (including the justification for the waiv12 er) in accordance with the regular notification procedures

13 of the Committees on Appropriations.

14 COMMERCIAL LEASING OF DEFENSE ARTICLES

15 SEC. 528. Notwithstanding any other provision of

16 law, and subject to the regular notification procedures of

17 the Committees on Appropriations, the authority of sec18 tion 23(a) of the Arms Export Control Act may be used

19 to provide financing to Israel, Egypt and NATO and

20 major non-NATO allies for the procurement by leasing

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

22 articles from United States commercial suppliers, not in23 cluding Major Defense Equipment (other than helicopters

24 and other types of aircraft having possible civilian applica25 tion), if the President determines that there are compel26 ling foreign policy or national security reasons for those
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1 defense articles being provided by commercial lease rather

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

3 COMPETITIVE INSURANCE

4 SEC. 529. All Agency for International Development

5 contracts and solicitations, and subcontracts entered into

6 under such contracts, shall include a clause requiring that

7 United States insurance companies have a fair oppor8 tunity to bid for insurance when such insurance is nec9 essary or appropriate.

10 STINGERS IN THE PERSIAN GULF REGION

11 SEC. 530. Except as provided in section 581 of the

12 Foreign Operations, Export Financing, and Related Pro13 grams Appropriations Act, 1990, the United States may

14 not sell or otherwise make available any Stingers to any

15 country bordering the Persian Gulf under the Arms Ex16 port Control Act or chapter 2 of part II of the Foreign

17 Assistance Act of 1961.

18 DEBT-FOR-DEVELOPMENT

19 SEC. 531. In order to enhance the continued partici20 pation of nongovernmental organizations in economic as21 sistance activities under the Foreign Assistance Act of

22 1961, including endowments, debt-for-development and

23 debt-for-nature exchanges, a nongovernmental organiza24 tion which is a grantee or contractor of the Agency for

25 International Development may place in interest bearing

26 accounts funds made available under this Act or prior Acts
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1 or local currencies which accrue to that organization as

2 a result of economic assistance provided under title II of

3 this Act and any interest earned on such investment shall

4 be used for the purpose for which the assistance was pro5 vided to that organization.

6 SEPARATE ACCOUNTS

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

8 CURRENCIES.—(1) If assistance is furnished to the gov9 ernment of a foreign country under chapters 1 and 10 of

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

11 Act of 1961 under agreements which result in the genera12 tion of local currencies of that country, the Administrator

13 of the Agency for International Development shall—

14 (A) require that local currencies be deposited in

15 a separate account established by that government;

16 (B) enter into an agreement with that govern17 ment which sets forth—

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

19 generated; and

20 (ii) the terms and conditions under which

21 the currencies so deposited may be utilized, con22 sistent with this section; and

23 (C) establish by agreement with that govern24 ment the responsibilities of the Agency for Inter25 national Development and that government to mon-
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1 itor and account for deposits into and disbursements

2 from the separate account.

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

4 agreed upon with the foreign government, local currencies

5 deposited in a separate account pursuant to subsection

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

7 used only—

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

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

10 purposes as—

11 (i) project and sector assistance activities;

12 or

13 (ii) debt and deficit financing; or

14 (B) for the administrative requirements of the

15 United States Government.

16 (3) PROGRAMMING ACCOUNTABILITY.—The Agency

17 for International Development shall take all necessary

18 steps to ensure that the equivalent of the local currencies

19 disbursed pursuant to subsection (a)(2)(A) from the sepa20 rate account established pursuant to subsection (a)(1) are

21 used for the purposes agreed upon pursuant to subsection

22 (a)(2).

23 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

24 Upon termination of assistance to a country under chap25 ters 1 or 10 of part I or chapter 4 of part II (as the case
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1 may be), any unencumbered balances of funds which re2 main in a separate account established pursuant to sub3 section (a) shall be disposed of for such purposes as may

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

5 United States Government.

6 (5) REPORTING REQUIREMENT.—The Administrator

7 of the Agency for International Development shall report

8 on an annual basis as part of the justification documents

9 submitted to the Committees on Appropriations on the use

10 of local currencies for the administrative requirements of

11 the United States Government as authorized in subsection

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

13 local currency (and United States dollar equivalent) used

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

15 country.

16 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—

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

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

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

20 as cash transfer assistance or as nonproject sector assist21 ance, that country shall be required to maintain such

22 funds in a separate account and not commingle them with

23 any other funds.

24 (2) APPLICABILITY OF OTHER PROVISIONS OF

25 LAW.—Such funds may be obligated and expended not-
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1 withstanding provisions of law which are inconsistent with

2 the nature of this assistance including provisions which

3 are referenced in the Joint Explanatory Statement of the

4 Committee of Conference accompanying House Joint Res5 olution 648 (House Report No. 98–1159).

6 (3) NOTIFICATION.—At least 15 days prior to obli7 gating any such cash transfer or nonproject sector assist8 ance, the President shall submit a notification through the

9 regular notification procedures of the Committees on Ap10 propriations, which shall include a detailed description of

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

12 with a discussion of the United States interests that will

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

14 description of the economic policy reforms that will be pro15 moted by such assistance).

16 (4) EXEMPTION.—Nonproject sector assistance funds

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

18 only through the notification procedures of the Commit19 tees on Appropriations.

20 COMPENSATION FOR UNITED STATES EXECUTIVE

21 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

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

23 be made as payment to any international financial institu24 tion while the United States Executive Director to such

25 institution is compensated by the institution at a rate

26 which, together with whatever compensation such Director
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1 receives from the United States, is in excess of the rate

2 provided for an individual occupying a position at level IV

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

4 United States Code, or while any alternate United States

5 Director to such institution is compensated by the institu6 tion at a rate in excess of the rate provided for an indi7 vidual occupying a position at level V of the Executive

8 Schedule under section 5316 of title 5, United States

9 Code.

10 (b) For purposes of this section, ‘‘international finan11 cial institutions’’ are: the International Bank for Recon12 struction and Development, the Inter-American Develop13 ment Bank, the Asian Development Bank, the Asian De14 velopment Fund, the African Development Bank, the Afri15 can Development Fund, the International Monetary Fund,

16 the North American Development Bank, and the Euro17 pean Bank for Reconstruction and Development.

18 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

19 IRAQ

20 SEC. 534. None of the funds appropriated or other21 wise made available pursuant to this Act to carry out the

22 Foreign Assistance Act of 1961 (including title IV of

23 chapter 2 of part I, relating to the Overseas Private In24 vestment Corporation) or the Arms Export Control Act

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

26 not in compliance with the United Nations Security Coun-
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1 cil sanctions against Iraq unless the President determines

2 and so certifies to the Congress that—

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

4 the United States;

5 (2) such assistance will directly benefit the

6 needy people in that country; or

7 (3) the assistance to be provided will be human8 itarian assistance for foreign nationals who have fled

9 Iraq and Kuwait.

10 AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL

11 FUND FOR AGRICULTURAL DEVELOPMENT, AND AF12 RICAN DEVELOPMENT FOUNDATION

13 SEC. 535. (a) Unless expressly provided to the con14 trary, provisions of this or any other Act, including provi15 sions contained in prior Acts authorizing or making appro16 priations for foreign operations, export financing, and re17 lated programs, shall not be construed to prohibit activi18 ties authorized by or conducted under the Peace Corps

19 Act or the African Development Foundation Act. The

20 agency shall promptly report to the Committees on Appro21 priations whenever it is conducting activities or is pro22 posing to conduct activities in a country for which assist23 ance is prohibited.

24 (b) Unless expressly provided to the contrary, limita25 tions on the availability of funds for ‘‘International Orga26 nizations and Programs’’ in this or any other Act, includ-
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1 ing prior appropriations Acts, shall not be construed to

2 be applicable to the International Fund for Agricultural

3 Development.

4 IMPACT ON JOBS IN THE UNITED STATES

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

6 may be obligated or expended to provide—

7 (a) any financial incentive to a business enter8 prise currently located in the United States for the

9 purpose of inducing such an enterprise to relocate

10 outside the United States if such incentive or in11 ducement is likely to reduce the number of employ12 ees of such business enterprise in the United States

13 because United States production is being replaced

14 by such enterprise outside the United States;

15 (b) assistance for the purpose of establishing or

16 developing in a foreign country any export proc17 essing zone or designated area in which the tax, tar18 iff, labor, environment, and safety laws of that coun19 try do not apply, in part or in whole, to activities

20 carried out within that zone or area, unless the

21 President determines and certifies that such assist22 ance is not likely to cause a loss of jobs within the

23 United States; or

24 (c) assistance for any project or activity that

25 contributes to the violation of internationally recog26 nized workers rights, as defined in section 502(a)(4)
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1 of the Trade Act of 1974, of workers in the recipient

2 country, including any designated zone or area in

3 that country: Provided, That in recognition that the

4 application of this subsection should be commensu5 rate with the level of development of the recipient

6 country and sector, the provisions of this subsection

7 shall not preclude assistance for the informal sector

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

9 and smallholder agriculture.

10 FUNDING PROHIBITION FOR SERBIA

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

12 may be made available for assistance for the Republic of

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

14 assistance for Kosova or Montenegro, or to assistance to

15 promote democratization: Provided further, That section

16 620(t) of the Foreign Assistance Act of 1961, as amended,

17 shall not apply to Kosova or Montenegro.

18 SPECIAL AUTHORITIES

19 SEC. 538. (a) Funds appropriated in titles I and II

20 of this Act that are made available for Afghanistan, Leb21 anon, Montenegro, and for victims of war, displaced chil22 dren, displaced Burmese, humanitarian assistance for Ro23 mania, and humanitarian assistance for the peoples of

24 Kosova, may be made available notwithstanding any other

25 provision of law: Provided, That any such funds that are

26 made available for Cambodia shall be subject to the provi-
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1 sions of section 531(e) of the Foreign Assistance Act of

2 1961 and section 906 of the International Security and

3 Development Cooperation Act of 1985.

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

5 provisions of sections 103 through 106 of the Foreign As6 sistance Act of 1961 may be used, notwithstanding any

7 other provision of law, for the purpose of supporting trop8 ical forestry and biodiversity conservation activities and,

9 subject to the regular notification procedures of the Com10 mittees on Appropriations, energy programs aimed at re11 ducing greenhouse gas emissions: Provided, That such as12 sistance shall be subject to sections 116, 502B, and 620A

13 of the Foreign Assistance Act of 1961.

14 (c) The Agency for International Development may

15 employ personal services contractors, notwithstanding any

16 other provision of law, for the purpose of administering

17 programs for the West Bank and Gaza.

18 (d)(1) WAIVER.—The President may waive the provi19 sions of section 1003 of Public Law 100–204 if the Presi20 dent determines and certifies in writing to the Speaker

21 of the House of Representatives and the President pro

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

23 security interests of the United States.

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

25 waiver pursuant to paragraph (1) shall be effective for no
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1 more than a period of 6 months at a time and shall not

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

3 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

4 OF ISRAEL

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

6 (1) the Arab League countries should imme7 diately and publicly renounce the primary boycott of

8 Israel and the secondary and tertiary boycott of

9 American firms that have commercial ties with

10 Israel;

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

12 reinstate the boycott against Israel was deeply trou13 bling and disappointing;

14 (3) the Arab League should immediately re15 scind its decision on the boycott and its members

16 should develop normal relations with their neighbor

17 Israel; and

18 (4) the President should—

19 (A) take more concrete steps to encourage

20 vigorously Arab League countries to renounce

21 publicly the primary boycotts of Israel and the

22 secondary and tertiary boycotts of American

23 firms that have commercial relations with Israel

24 as a confidence-building measure;

25 (B) take into consideration the participa26 tion of any recipient country in the primary
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1 boycott of Israel and the secondary and tertiary

2 boycotts of American firms that have commer3 cial relations with Israel when determining

4 whether to sell weapons to said country;

5 (C) report to Congress on the specific

6 steps being taken by the President to bring

7 about a public renunciation of the Arab primary

8 boycott of Israel and the secondary and tertiary

9 boycotts of American firms that have commer10 cial relations with Israel and to expand the

11 process of normalizing ties between Arab

12 League countries and Israel; and

13 (D) encourage the allies and trading part14 ners of the United States to enact laws prohib15 iting businesses from complying with the boy16 cott and penalizing businesses that do comply.

17 ANTI-NARCOTICS ACTIVITIES

18 SEC. 540. Of the funds appropriated or otherwise

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

20 assistance may be provided to strengthen the administra21 tion of justice in countries in Latin America and the Car22 ibbean and in other regions consistent with the provisions

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

24 except that programs to enhance protection of participants

25 in judicial cases may be conducted notwithstanding section

26 660 of that Act. Section 534(c) and the second and third
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1 sentences of section 534(e) of the Foreign Assistance Act

2 of 1961 are repealed.

3 ELIGIBILITY FOR ASSISTANCE

4 SEC. 541. (a) ASSISTANCE THROUGH NONGOVERN5 MENTAL ORGANIZATIONS.—Restrictions contained in this

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

7 shall not be construed to restrict assistance in support of

8 programs of nongovernmental organizations from funds

9 appropriated by this Act to carry out the provisions of

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

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

12 appropriated under the heading ‘‘Assistance for Eastern

13 Europe and the Baltic States’’: Provided, That the Presi14 dent shall take into consideration, in any case in which

15 a restriction on assistance would be applicable but for this

16 subsection, whether assistance in support of programs of

17 nongovernmental organizations is in the national interest

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

19 the authority of this subsection to furnish assistance in

20 support of programs of nongovernmental organizations,

21 the President shall notify the Committees on Appropria22 tions under the regular notification procedures of those

23 committees, including a description of the program to be

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

25 for furnishing such assistance: Provided further, That

26 nothing in this subsection shall be construed to alter any
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1 existing statutory prohibitions against abortion or involun2 tary sterilizations 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 re6 strict assistance under the Agricultural Trade Develop7 ment and Assistance Act of 1954: Provided, That none

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

9 and made available pursuant to this subsection may be

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

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

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

15 Assistance Act of 1961 or any comparable provision

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

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

19 Assistance Act of 1961 or any comparable provision

20 of law prohibiting assistance to the government of a

21 country that violates internationally recognized

22 human rights.

23 EARMARKS

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

25 are earmarked may be reprogrammed for other programs

26 within the same account notwithstanding the earmark if
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1 compliance with the earmark is made impossible by oper2 ation of any provision of this or any other Act or, with

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

4 agreement providing the United States with base rights

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

6 that the recipient for which funds are earmarked has sig7 nificantly reduced its military or economic cooperation

8 with the United States since the enactment of the Foreign

9 Operations, Export Financing, and Related Programs Ap10 propriations Act, 1991; however, before exercising the au11 thority of this subsection with regard to a base rights or

12 base access country which has significantly reduced its

13 military or economic cooperation with the United States,

14 the President shall consult with, and shall provide a writ15 ten policy justification to the Committees on Appropria16 tions: Provided, That any such reprogramming shall be

17 subject to the regular notification procedures of the Com18 mittees on Appropriations: Provided further, That assist19 ance that is reprogrammed pursuant to this subsection

20 shall be made available under the same terms and condi21 tions as originally provided.

22 (b) In addition to the authority contained in sub23 section (a), the original period of availability of funds ap24 propriated by this Act and administered by the Agency

25 for International Development that are earmarked for par-
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1 ticular programs or activities by this or any other Act shall

2 be extended for an additional fiscal year if the Adminis3 trator of such agency determines and reports promptly to

4 the Committees on Appropriations that the termination of

5 assistance to a country or a significant change in cir6 cumstances makes it unlikely that such earmarked funds

7 can be obligated during the original period of availability:

8 Provided, That such earmarked funds that are continued

9 available for an additional fiscal year shall be obligated

10 only for the purpose of such earmark.

11 CEILINGS AND EARMARKS

12 SEC. 543. Ceilings and earmarks contained in this

13 Act shall not be applicable to funds or authorities appro14 priated or otherwise made available by any subsequent Act

15 unless such Act specifically so directs. Earmarks or min16 imum funding requirements contained in any other Act

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

18 PROHIBITION ON PUBLICITY OR PROPAGANDA

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

20 this Act shall be used for publicity or propaganda purposes

21 within the United States not authorized before the date

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

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

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

25 533.
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1 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

2 PRODUCTS

3 SEC. 545. (a) To the maximum extent possible, as4 sistance provided under this Act should make full use of

5 American resources, including commodities, products, and

6 services.

7 (b) It is the sense of the Congress that, to the great8 est extent practicable, all agriculture commodities, equip9 ment and products purchased with funds made available

10 in this Act should be American-made.

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

12 into any contract with, any entity using funds made avail13 able in this Act, the head of each Federal agency, to the

14 greatest extent practicable, shall provide to such entity a

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

16 the Congress.

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

18 Congress annually on the efforts of the heads of each Fed19 eral agency and the United States directors of inter20 national financial institutions (as referenced in section

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

22 PROHIBITION OF PAYMENTS TO UNITED NATIONS

23 MEMBERS

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

25 available pursuant to this Act for carrying out the Foreign

26 Assistance Act of 1961, may be used to pay in whole or
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1 in part any assessments, arrearages, or dues of any mem2 ber of the United Nations or, from funds appropriated by

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

4 Assistance Act of 1961, the costs for participation of an5 other country’s delegation at international conferences

6 held under the auspices of multilateral or international or7 ganizations.

8 CONSULTING SERVICES

9 SEC. 547. The expenditure of any appropriation

10 under this Act for any consulting service through procure11 ment contract, pursuant to section 3109 of title 5, United

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

13 expenditures are a matter of public record and available

14 for public inspection, except where otherwise provided

15 under existing law, or under existing Executive order pur16 suant to existing law.

17 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

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

19 available pursuant to this Act shall be available to a pri20 vate voluntary organization which fails to provide upon

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

22 the auditing requirements of the Agency for International

23 Development.
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1 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN2 MENTS THAT EXPORT LETHAL MILITARY EQUIP3 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

4 TERRORISM

5 SEC. 549. (a) None of the funds appropriated or oth6 erwise made available by this Act may be available to any

7 foreign government which provides lethal military equip8 ment to a country the government of which the Secretary

9 of State has determined is a terrorist government for pur10 poses of section 40(d) of the Arms Export Control Act.

11 The prohibition under this section with respect to a for12 eign government shall terminate 12 months after that gov13 ernment ceases to provide such military equipment. This

14 section applies with respect to lethal military equipment

15 provided under a contract entered into after October 1,

16 1997.

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

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

19 President determines that furnishing such assistance is

20 important to the national interests of the United States.

21 (c) Whenever the waiver of subsection (b) is exer22 cised, the President shall submit to the appropriate con23 gressional committees a report with respect to the fur24 nishing of such assistance. Any such report shall include

25 a detailed explanation of the assistance to be provided, in-
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1 cluding the estimated dollar amount of such assistance,

2 and an explanation of how the assistance furthers United

3 States national interests.

4 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

5 OWED BY FOREIGN COUNTRIES

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

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

8 Assistance Act of 1961, an amount equivalent to 110 per9 cent of the total unpaid fully adjudicated parking fines

10 and penalties owed to the District of Columbia by such

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

12 be withheld from obligation for such country until the Sec13 retary of State certifies and reports in writing to the ap14 propriate congressional committees that such fines and

15 penalties are fully paid to the government of the District

16 of Columbia.

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

18 term ‘‘appropriate congressional committees’’ means the

19 Committee on Foreign Relations and the Committee on

20 Appropriations of the Senate and the Committee on Inter21 national Relations and the Committee on Appropriations

22 of the House of Representatives.

23 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

24 WEST BANK AND GAZA

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

26 may be obligated for assistance for the Palestine Libera-
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1 tion Organization for the West Bank and Gaza unless the

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

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

4 VI of Public Law 104–107) or any other legislation to sus5 pend or make inapplicable section 307 of the Foreign As6 sistance Act of 1961 and that suspension is still in effect:

7 Provided, That if the President fails to make the certifi8 cation under section 604(b)(2) of the Middle East Peace

9 Facilitation Act of 1995 or to suspend the prohibition

10 under other legislation, funds appropriated by this Act

11 may not be obligated for assistance for the Palestine Lib12 eration Organization for the West Bank and Gaza.

13 WAR CRIMES TRIBUNALS DRAWDOWN

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

15 will contribute to a just resolution of charges regarding

16 genocide or other violations of international humanitarian

17 law, the President may direct a drawdown pursuant to sec18 tion 552(c) of the Foreign Assistance Act of 1961, as

19 amended, of up to $30,000,000 of commodities and serv20 ices for the United Nations War Crimes Tribunal estab21 lished with regard to the former Yugoslavia by the United

22 Nations Security Council or such other tribunals or com23 missions as the Council may establish to deal with such

24 violations, without regard to the ceiling limitation con25 tained in paragraph (2) thereof: Provided, That the deter26 mination required under this section shall be in lieu of
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1 any determinations otherwise required under section

2 552(c): Provided further, That 60 days after the date of

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

4 until September 30, 2001, the Secretary of State shall

5 submit a report to the Committees on Appropriations de6 scribing the steps the United States Government is taking

7 to collect information regarding allegations of genocide or

8 other violations of international law in the former Yugo9 slavia and to furnish that information to the United Na10 tions War Crimes Tribunal for the former Yugoslavia:

11 Provided further, That the drawdown made under this sec12 tion for any tribunal shall not be construed as an endorse13 ment or precedent for the establishment of any standing

14 or permanent international criminal tribunal or court:

15 Provided further, That funds made available for tribunals

16 other than Yugoslavia or Rwanda shall be made available

17 subject to the regular notification procedures of the Com18 mittees on Appropriations.

19 LANDMINES

20 SEC. 553. Notwithstanding any other provision of

21 law, demining equipment available to the Agency for Inter22 national Development and the Department of State and

23 used in support of the clearance of landmines and

24 unexploded ordnance for humanitarian purposes may be

25 disposed of on a grant basis in foreign countries, subject
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1 to such terms and conditions as the President may pre2 scribe.

3 RESTRICTIONS CONCERNING THE PALESTINIAN

4 AUTHORITY

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

6 may be obligated or expended to create in any part of Je7 rusalem a new office of any department or agency of the

8 United States Government for the purpose of conducting

9 official United States Government business with the Pal10 estinian Authority over Gaza and Jericho or any successor

11 Palestinian governing entity provided for in the Israel12 PLO Declaration of Principles: Provided, That this re13 striction shall not apply to the acquisition of additional

14 space for the existing Consulate General in Jerusalem:

15 Provided further, That meetings between officers and em16 ployees of the United States and officials of the Pales17 tinian Authority, or any successor Palestinian governing

18 entity provided for in the Israel-PLO Declaration of Prin19 ciples, for the purpose of conducting official United States

20 Government business with such authority should continue

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

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

23 States Government may continue to meet in Jerusalem on

24 other subjects with Palestinians (including those who now

25 occupy positions in the Palestinian Authority), have social

26 contacts, and have incidental discussions.
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1 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

2 SEC. 555. None of the funds appropriated or other3 wise made available by this Act under the headings ‘‘Inter4 national Military Education and Training’’ or ‘‘Foreign

5 Military Financing Program’’ for Informational Program

6 activities or under the headings ‘‘Global Health’’, ‘‘Devel7 opment Assistance’’, and ‘‘Economic Support Fund’’ may

8 be obligated or expended to pay for—

9 (1) alcoholic beverages; or

10 (2) entertainment expenses for activities that

11 are substantially of a recreational character, includ12 ing entrance fees at sporting events and amusement

13 parks.

14 COMPETITIVE PRICING FOR SALES OF DEFENSE

15 ARTICLES

16 SEC. 556. Direct costs associated with meeting a for17 eign customer’s additional or unique requirements will

18 continue to be allowable under contracts under section

19 22(d) of the Arms Export Control Act. Loadings applica20 ble to such direct costs shall be permitted at the same

21 rates applicable to procurement of like items purchased

22 by the Department of Defense for its own use.

23 SPECIAL DEBT RELIEF FOR THE POOREST

24 SEC. 557. (a) AUTHORITY TO REDUCE DEBT.—The

25 President may reduce amounts owed to the United States
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1 (or any agency of the United States) by an eligible country

2 as a result of—

3 (1) guarantees issued under sections 221 and

4 222 of the Foreign Assistance Act of 1961;

5 (2) credits extended or guarantees issued under

6 the Arms Export Control Act; or

7 (3) any obligation or portion of such obligation,

8 to pay for purchases of United States agricultural

9 commodities guaranteed by the Commodity Credit

10 Corporation under export credit guarantee programs

11 authorized pursuant to section 5(f ) of the Com12 modity Credit Corporation Charter Act of June 29,

13 1948, as amended, section 4(b) of the Food for

14 Peace Act of 1966, as amended (Public Law 89–

15 808), or section 202 of the Agricultural Trade Act

16 of 1978, as amended (Public Law 95–501).

17 (b) LIMITATIONS.—

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

19 may be exercised only to implement multilateral offi20 cial debt relief and referendum agreements, com21 monly referred to as ‘‘Paris Club Agreed Minutes’’.

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

23 may be exercised only in such amounts or to such

24 extent as is provided in advance by appropriations

25 Acts.
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1 (3) The authority provided by subsection (a)

2 may be exercised only with respect to countries with

3 heavy debt burdens that are eligible to borrow from

4 the International Development Association, but not

5 from the International Bank for Reconstruction and

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

7 countries.

8 (c) CONDITIONS.—The authority provided by sub9 section (a) may be exercised only with respect to a country

10 whose government—

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

12 expenditures;

13 (2) has not repeatedly provided support for acts

14 of international terrorism;

15 (3) is not failing to cooperate on international

16 narcotics control matters;

17 (4) (including its military or other security

18 forces) does not engage in a consistent pattern of

19 gross violations of internationally recognized human

20 rights; and

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

22 application of section 527 of the Foreign Relations

23 Authorization Act, Fiscal Years 1994 and 1995.

24 (d) AVAILABILITY OF FUNDS.—The authority pro25 vided by subsection (a) may be used only with regard to
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1 funds appropriated by this Act under the heading ‘‘Debt

2 Restructuring’’.

3 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re4 duction of debt pursuant to subsection (a) shall not be

5 considered assistance for purposes of any provision of law

6 limiting assistance to a country. The authority provided

7 by subsection (a) may be exercised notwithstanding sec8 tion 620(r) of the Foreign Assistance Act of 1961 or sec9 tion 321 of the International Development and Food As10 sistance Act of 1975.

11 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

12 SEC. 558. (a) LOANS ELIGIBLE FOR SALE, REDUC13 TION, OR CANCELLATION.—

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

15 CERTAIN LOANS.—Notwithstanding any other provi16 sion of law, the President may, in accordance with

17 this section, sell to any eligible purchaser any

18 concessional loan or portion thereof made before

19 January 1, 1995, pursuant to the Foreign Assist20 ance Act of 1961, to the government of any eligible

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

22 on receipt of payment from an eligible purchaser, re23 duce or cancel such loan or portion thereof, only for

24 the purpose of facilitating—

25 (A) debt-for-equity swaps, debt-for-develop26 ment swaps, or debt-for-nature swaps; or
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1 (B) a debt buyback by an eligible country

2 of its own qualified debt, only if the eligible

3 country uses an additional amount of the local

4 currency of the eligible country, equal to not

5 less than 40 percent of the price paid for such

6 debt by such eligible country, or the difference

7 between the price paid for such debt and the

8 face value of such debt, to support activities

9 that link conservation and sustainable use of

10 natural resources with local community develop11 ment, and child survival and other child devel12 opment, in a manner consistent with sections

13 707 through 710 of the Foreign Assistance Act

14 of 1961, if the sale, reduction, or cancellation

15 would not contravene any term or condition of

16 any prior agreement relating to such loan.

17 (2) TERMS AND CONDITIONS.—Notwithstanding

18 any other provision of law, the President shall, in ac19 cordance with this section, establish the terms and

20 conditions under which loans may be sold, reduced,

21 or canceled pursuant to this section.

22 (3) ADMINISTRATION.—The Facility, as defined

23 in section 702(8) of the Foreign Assistance Act of

24 1961, shall notify the administrator of the agency

25 primarily responsible for administering part I of the
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1 Foreign Assistance Act of 1961 of purchasers that

2 the President has determined to be eligible, and

3 shall direct such agency to carry out the sale, reduc4 tion, or cancellation of a loan pursuant to this sec5 tion. Such agency shall make an adjustment in its

6 accounts to reflect the sale, reduction, or cancella7 tion.

8 (4) LIMITATION.—The authorities of this sub9 section shall be available only to the extent that ap10 propriations for the cost of the modification, as de11 fined in section 502 of the Congressional Budget Act

12 of 1974, are made in advance.

13 (b) DEPOSIT OF PROCEEDS.—The proceeds from the

14 sale, reduction, or cancellation of any loan sold, reduced,

15 or canceled pursuant to this section shall be deposited in

16 the United States Government account or accounts estab17 lished for the repayment of such loan.

18 (c) ELIGIBLE PURCHASERS.—A loan may be sold

19 pursuant to subsection (a)(1)(A) only to a purchaser who

20 presents plans satisfactory to the President for using the

21 loan for the purpose of engaging in debt-for-equity swaps,

22 debt-for-development swaps, or debt-for-nature swaps.

23 (d) DEBTOR CONSULTATIONS.—Before the sale to

24 any eligible purchaser, or any reduction or cancellation

25 pursuant to this section, of any loan made to an eligible
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1 country, the President should consult with the country

2 concerning the amount of loans to be sold, reduced, or

3 canceled and their uses for debt-for-equity swaps, debt4 for-development swaps, or debt-for-nature swaps.

5 (e) AVAILABILITY OF FUNDS.—The authority pro6 vided by subsection (a) may be used only with regard to

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

8 Restructuring’’.

9 ASSISTANCE FOR HAITI

10 SEC. 559. None of the funds made available by this

11 or any previous appropriations Act for foreign operations,

12 export financing and related programs shall be made avail13 able to the Government of Haiti until the Secretary of

14 State reports to the Committees on Appropriations that

15 Haiti has held free and fair elections to seat a new par16 liament.

17 REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN

18 REPORT OF SECRETARY OF STATE

19 SEC. 560. (a) FOREIGN AID REPORTING REQUIRE20 MENT.—In addition to the voting practices of a foreign

21 country, the report required to be submitted to Congress

22 under section 406(a) of the Foreign Relations Authoriza23 tion Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a),

24 shall include a side-by-side comparison of individual coun25 tries’ overall support for the United States at the United
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1 Nations and the amount of United States assistance pro2 vided to such country in fiscal year 1999.

3 (b) UNITED STATES ASSISTANCE.—For purposes of

4 this section, the term ‘‘United States assistance’’ has the

5 meaning given the term in section 481(e)(4) of the For6 eign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).

7 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

8 UNITED NATIONS AGENCIES

9 SEC. 561. (a) PROHIBITION ON VOLUNTARY CON10 TRIBUTIONS FOR THE UNITED NATIONS.—None of the

11 funds appropriated by this Act may be made available to

12 pay any voluntary contribution of the United States to the

13 United Nations (including the United Nations Develop14 ment Program) if the United Nations implements or im15 poses any taxation on any United States persons.

16 (b) CERTIFICATION REQUIRED FOR DISBURSEMENT

17 OF FUNDS.—None of the funds appropriated by this Act

18 may be made available to pay any voluntary contribution

19 of the United States to the United Nations (including the

20 United Nations Development Program) unless the Presi21 dent certifies to the Congress 15 days in advance of such

22 payment that the United Nations is not engaged in any

23 effort to implement or impose any taxation on United

24 States persons in order to raise revenue for the United

25 Nations or any of its specialized agencies.
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1 (c) DEFINITIONS.—As used in this section the term

2 ‘‘United States person’’ refers to—

3 (1) a natural person who is a citizen or national

4 of the United States; or

5 (2) a corporation, partnership, or other legal

6 entity organized under the United States or any

7 State, territory, possession, or district of the United

8 States.

9 HAITI NATIONAL POLICE AND COAST GUARD

10 SEC. 562. The Government of Haiti shall be eligible

11 to purchase defense articles and services under the Arms

12 Export Control Act (22 U.S.C. 2751 et seq.), for the civil13 ian-led Haitian National Police and Coast Guard: Pro14 vided, That the authority provided by this section shall

15 be subject to the regular notification procedures of the

16 Committees on Appropriations.

17 LIMITATION ON ASSISTANCE TO THE PALESTINIAN

18 AUTHORITY

19 SEC. 563. (a) PROHIBITION OF FUNDS.—None of the

20 funds appropriated by this Act to carry out the provisions

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

22 1961 may be obligated or expended with respect to pro23 viding funds to the Palestinian Authority.

24 (b) WAIVER.—The prohibition included in subsection

25 (a) shall not apply if the President certifies in writing to

26 the Speaker of the House of Representatives and the
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1 President pro tempore of the Senate that waiving such

2 prohibition is important to the national security interests

3 of the United States.

4 (c) PERIOD OF APPLICATION OF WAIVER.—Any

5 waiver pursuant to subsection (b) shall be effective for no

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

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

8 LIMITATION ON ASSISTANCE TO SECURITY FORCES

9 SEC. 564. None of the funds made available by this

10 Act may be provided to any unit of the security forces

11 of a foreign country if the Secretary of State has credible

12 evidence that such unit has committed gross violations of

13 human rights, unless the Secretary determines and reports

14 to the Committees on Appropriations that the government

15 of such country is taking effective measures to bring the

16 responsible members of the security forces unit to justice:

17 Provided, That nothing in this section shall be construed

18 to withhold funds made available by this Act from any

19 unit of the security forces of a foreign country not credibly

20 alleged to be involved in gross violations of human rights:

21 Provided further, That in the event that funds are withheld

22 from any unit pursuant to this section, the Secretary of

23 State shall promptly inform the foreign government of the

24 basis for such action and shall, to the maximum extent

25 practicable, assist the foreign government in taking effec-
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1 tive measures to bring the responsible members of the se2 curity forces to justice.

3 RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING

4 SANCTUARY TO INDICTED WAR CRIMINALS

5 SEC. 565. (a) BILATERAL ASSISTANCE.—None of the

6 funds made available by this or any prior Act making ap7 propriations for foreign operations, export financing and

8 related programs, may be provided for any country, entity

9 or municipality described in subsection (e).

10 (b) MULTILATERAL ASSISTANCE.—

11 (1) PROHIBITION.—The Secretary of the Treas12 ury shall instruct the United States executive direc13 tors of the international financial institutions to

14 work in opposition to, and vote against, any exten15 sion by such institutions of any financial or technical

16 assistance or grants of any kind to any country or

17 entity described in subsection (e).

18 (2) NOTIFICATION.—Not less than 15 days be19 fore any vote in an international financial institution

20 regarding the extension of financial or technical as21 sistance or grants to any country or entity described

22 in subsection (e), the Secretary of the Treasury, in

23 consultation with the Secretary of State, shall pro24 vide to the Committee on Appropriations and the

25 Committee on Foreign Relations of the Senate and

26 the Committee on Appropriations and the Com-
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1 mittee on Banking and Financial Services of the

2 House of Representatives a written justification for

3 the proposed assistance, including an explanation of

4 the United States position regarding any such vote,

5 as well as a description of the location of the pro6 posed assistance by municipality, its purpose, and its

7 intended beneficiaries.

8 (3) DEFINITION.—The term ‘‘international fi9 nancial institution’’ includes the International Mone10 tary Fund, the International Bank for Reconstruc11 tion and Development, the International Develop12 ment Association, the International Finance Cor13 poration, the Multilateral Investment Guaranty

14 Agency, and the European Bank for Reconstruction

15 and Development.

16 (c) EXCEPTIONS.—

17 (1) IN GENERAL.—Subject to paragraph (2),

18 subsections (a) and (b) shall not apply to the provi19 sion of—

20 (A) humanitarian assistance;

21 (B) democratization assistance;

22 (C) assistance for cross border physical in23 frastructure projects involving activities in both

24 a sanctioned country, entity, or municipality

25 and a nonsanctioned contiguous country, entity,
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1 or municipality, if the project is primarily lo2 cated in and primarily benefits the nonsanc3 tioned country, entity, or municipality and if

4 the portion of the project located in the sanc5 tioned country, entity, or municipality is nec6 essary only to complete the project;

7 (D) small-scale assistance projects or ac8 tivities requested by United States Armed

9 Forces that promote good relations between

10 such forces and the officials and citizens of the

11 areas in the United States SFOR sector of Bos12 nia;

13 (E) implementation of the Brcko Arbitral

14 Decision;

15 (F) lending by the international financial

16 institutions to a country or entity to support

17 common monetary and fiscal policies at the na18 tional level as contemplated by the Dayton

19 Agreement;

20 (G) direct lending to a non-sanctioned enti21 ty, or lending passed on by the national govern22 ment to a non-sanctioned entity; or

23 (H) assistance to the International Police

24 Task Force for the training of a civilian police

25 force.
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1 (I) assistance to refugees and internally

2 displaced persons returning to their homes in

3 Bosnia from which they had been forced to

4 leave on the basis of their ethnicity.

5 (2) NOTIFICATION.—Every 60 days the Sec6 retary of State, in consultation with the Adminis7 trator of the Agency for International Development,

8 shall publish in the Federal Register and/or in a

9 comparable publicly accessible document or Internet

10 site, a listing and justification of any assistance that

11 is obligated within that period of time for any coun12 try, entity, or municipality described in subsection

13 (e), including a description of the purpose of the as14 sistance, project and its location, by municipality.

15 (d) FURTHER LIMITATIONS.—Notwithstanding sub16 section (c)—

17 (1) no assistance may be made available by this

18 Act, or any prior Act making appropriations for for19 eign operations, export financing and related pro20 grams, in any country, entity, or municipality de21 scribed in subsection (e), for a program, project, or

22 activity in which a publicly indicted war criminal is

23 known to have any financial or material interest;

24 and
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1 (2) no assistance (other than emergency foods

2 or medical assistance or demining assistance) may

3 be made available by this Act, or any prior Act mak4 ing appropriations for foreign operations, export fi5 nancing and related programs for any program,

6 project, or activity in any sanctioned country, entity,

7 or municipality described in subsection (e) in which

8 a person publicly indicted by the Tribunal is in resi9 dence or is engaged in extended activity and com10 petent local authorities have failed to notify the Tri11 bunal or failed to take necessary and significant

12 steps to apprehend and transfer such persons to the

13 Tribunal or in which competent local authorities

14 have obstructed the work of the Tribunal.

15 (e) SANCTIONED COUNTRY, ENTITY, OR MUNICI16 PALITY.—A sanctioned country, entity, or municipality de17 scribed in this section is one whose competent authorities

18 have failed, as determined by the Secretary of State, to

19 take necessary and significant steps to apprehend and

20 transfer to the Tribunal all persons who have been publicly

21 indicted by the Tribunal.

22 (f) SPECIAL RULE.—Subject to subsection (d), sub23 sections (a) and (b) shall not apply to the provision of

24 assistance to an entity that is not a sanctioned entity, not25 withstanding that such entity may be within a sanctioned
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1 country, if the Secretary of State determines and so re2 ports to the appropriate congressional committees that

3 providing assistance to that entity would promote peace

4 and internationally recognized human rights by encour5 aging that entity to cooperate fully with the Tribunal.

6 (g) CURRENT RECORD OF WAR CRIMINALS AND

7 SANCTIONED COUNTRIES, ENTITIES, AND MUNICIPALI8 TIES.—

9 (1) IN GENERAL.—The Secretary of State shall

10 establish and maintain a current record of the loca11 tion, including the municipality, if known, of publicly

12 indicted war criminals and a current record of sanc13 tioned countries, entities, and municipalities.

14 (2) INFORMATION OF THE DCI AND THE SEC15 RETARY OF DEFENSE.—The Director of Central In16 telligence and the Secretary of Defense should col17 lect and provide to the Secretary of State informa18 tion concerning the location, including the munici19 pality, of publicly indicted war criminals.

20 (3) INFORMATION OF THE TRIBUNAL.—The

21 Secretary of State shall request that the Tribunal

22 and other international organizations and govern23 ments provide the Secretary of State information

24 concerning the location, including the municipality,

25 of publicly indicted war criminals and concerning
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1 country, entity and municipality authorities known

2 to have obstructed the work of the Tribunal.

3 (4) REPORT.—Beginning 30 days after the date

4 of the enactment of this Act, and not later than Sep5 tember 1 each year thereafter, the Secretary of

6 State shall submit a report in classified and unclas7 sified form to the appropriate congressional commit8 tees on the location, including the municipality, if

9 known, of publicly indicted war criminals, on coun10 try, entity and municipality authorities known to

11 have obstructed the work of the Tribunal, and on

12 sanctioned countries, entities, and municipalities.

13 (5) INFORMATION TO CONGRESS.—Upon the re14 quest of the chairman or ranking minority member

15 of any of the appropriate congressional committees,

16 the Secretary of State shall make available to that

17 committee the information recorded under para18 graph (1) in a report submitted to the committee in

19 classified and unclassified form.

20 (h) WAIVER.—

21 (1) IN GENERAL.—The Secretary of State may

22 waive the application of subsection (a) or subsection

23 (b) with respect to specified bilateral programs or

24 international financial institution projects or pro25 grams in a sanctioned country, entity, or munici-
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1 pality upon providing a written determination to the

2 Committee on Appropriations and the Committee on

3 Foreign Relations of the Senate and the Committee

4 on Appropriations and the Committee on Inter5 national Relations of the House of Representatives

6 that such assistance directly supports the implemen7 tation of the Dayton Agreement and its Annexes,

8 which include the obligation to apprehend and trans9 fer indicted war criminals to the Tribunal.

10 (2) REPORT.—Not later than 15 days after the

11 date of any written determination under paragraph

12 (1) the Secretary of State shall submit a report to

13 the Committee on Appropriations and the Com14 mittee on Foreign Relations of the Senate and the

15 Committee on Appropriations and the Committee on

16 International Relations of the House of Representa17 tives regarding the status of efforts to secure the

18 voluntary surrender or apprehension and transfer of

19 persons indicted by the Tribunal, in accordance with

20 the Dayton Agreement, and outlining obstacles to

21 achieving this goal.

22 (3) ASSISTANCE PROGRAMS AND PROJECTS AF23 FECTED.—Any waiver made pursuant to this sub24 section shall be effective only with respect to a speci25 fied bilateral program or multilateral assistance
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1 project or program identified in the determination of

2 the Secretary of State to Congress.

3 (i) TERMINATION OF SANCTIONS.—The sanctions im4 posed pursuant to subsections (a) and (b) with respect to

5 a country or entity shall cease to apply only if the Sec6 retary of State determines and certifies to Congress that

7 the authorities of that country, entity, or municipality

8 have apprehended and transferred to the Tribunal all per9 sons who have been publicly indicted by the Tribunal.

10 (j) DEFINITIONS.—As used in this section—

11 (1) COUNTRY.—The term ‘‘country’’ means

12 Bosnia-Herzegovina, Croatia, and Serbia.

13 (2) ENTITY.—The term ‘‘entity’’ refers to the

14 Federation of Bosnia and Herzegovina, Kosova,

15 Montenegro, and the Republika Srpska.

16 (3) DAYTON AGREEMENT.—The term ‘‘Dayton

17 Agreement’’ means the General Framework Agree18 ment for Peace in Bosnia and Herzegovina, together

19 with annexes relating thereto, done at Dayton, No20 vember 10 through 16, 1995.

21 (4) TRIBUNAL.—The term ‘‘Tribunal’’ means

22 the International Criminal Tribunal for the Former

23 Yugoslavia.

24 (k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND

25 GOVERNMENT AGENCIES.—In carrying out this section,
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1 the Secretary of State, the Administrator of the Agency

2 for International Development, and the executive directors

3 of the international financial institutions shall consult with

4 representatives of human rights organizations and all gov5 ernment agencies with relevant information to help pre6 vent publicly indicted war criminals from benefiting from

7 any financial or technical assistance or grants provided to

8 any country or entity described in subsection (e).

9 DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS

10 IN THE RUSSIAN FEDERATION

11 SEC. 566. None of the funds appropriated under this

12 Act may be made available for the Government of the Rus13 sian Federation, after 180 days from the date of the en14 actment of this Act, unless the President determines and

15 certifies in writing to the Committees on Appropriations

16 and the Committee on Foreign Relations of the Senate

17 that the Government of the Russian Federation has imple18 mented no statute, executive order, regulation or similar

19 government action that would discriminate, or would have

20 as its principal effect discrimination, against religious

21 groups or religious communities in the Russian Federation

22 in violation of accepted international agreements on

23 human rights and religious freedoms to which the Russian

24 Federation is a party.
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1 GREENHOUSE GAS EMISSIONS

2 SEC. 567. (a) Funds made available in this Act to

3 support programs or activities the primary purpose of

4 which is promoting or assisting country participation in

5 the Kyoto Protocol to the Framework Convention on Cli6 mate Change (FCCC) shall only be made available subject

7 to the regular notification procedures of the Committees

8 on Appropriations.

9 (b) The President shall provide a detailed account of

10 all Federal agency obligations and expenditures for cli11 mate change programs and activities, domestic and inter12 national obligations for such activities in fiscal year 2001,

13 and any plan for programs thereafter related to the imple14 mentation or the furtherance of protocols pursuant to, or

15 related to negotiations to amend the FCCC in conjunction

16 with the President’s submission of the Budget of the

17 United States Government for Fiscal Year 2002: Pro18 vided, That such report shall include an accounting of ex19 penditures by agency with each agency identifying climate

20 change activities and associated costs by line item as pre21 sented in the President’s Budget Appendix: Provided fur22 ther, That such report shall identify with regard to the

23 Agency for International Development, obligations and ex24 penditures by country or central program and activity.
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1 AID TO THE GOVERNMENT OF THE DEMOCRATIC

2 REPUBLIC OF CONGO

3 SEC. 568. None of the funds appropriated or other4 wise made available by this Act may be provided to the

5 Central Government of the Democratic Republic of Congo.

6 ENTERPRISE FUND RESTRICTIONS

7 SEC. 569. Prior to the distribution of any assets re8 sulting from any liquidation, dissolution, or winding up

9 of an Enterprise Fund, in whole or in part, the President

10 shall submit to the Committees on Appropriations, in ac11 cordance with the regular notification procedures of the

12 Committees on Appropriations, a plan for the distribution

13 of the assets of the Enterprise Fund.

14 CAMBODIA

15 SEC. 570. (a) The Secretary of the Treasury should

16 instruct the United States executive directors of the inter17 national financial institutions to use the voice and vote

18 of the United States to oppose loans to the Central Gov19 ernment of Cambodia, except loans to support basic

20 human needs.

21 (b) None of the funds appropriated by this Act may

22 be made available for assistance for the Central Govern23 ment of Cambodia.

24 FOREIGN MILITARY EXPENDITURES REPORT

25 SEC. 571. (a) Section 511(b) of the Foreign Oper26 ations, Export Financing, and Related Programs Appro-
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1 priations Act, 1993 (Public Law 102–391) is amended by

2 repealing paragraph (2) relating to military expenditures.

3 (b) Not later than February 15, 2001, the Secretary

4 of the Treasury shall submit a report to the Committees

5 on Appropriations which describes how the provisions of

6 section 576 of the Foreign Operations, Export Financing,

7 and Related Programs Appropriations Act, 1997, as

8 amended (Public Law 104–208), and of section 1502(b)

9 of title XV of the International Financial Institutions Act

10 (22 U.S.C. 262o) as amended, are being implemented.

11 This report shall identify, among other things—

12 (1) the countries found not to be in compliance

13 with the provisions of section 576 and the instances

14 where the United States Executive Director to an

15 international financial institution has voted to op16 pose a loan or other utilization of funds as a result

17 of the requirements of that section;

18 (2) steps taken by the governments of countries

19 receiving loans or other funds from such institutions

20 to establish the reporting systems addressed in sec21 tion 576;

22 (3) any instances in which such governments

23 have failed to provide information about the govern24 ments’ audit process requested by an international

25 financial institution; and
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1 (4) any policy changes that have been made by

2 the international financial institutions with regard to

3 providing loans or other funds to countries which ex4 pend a significant portion of their financial re5 sources for their armed forces and security forces,

6 and with regard to requiring, and providing tech7 nical assistance for, audits of receipts and expendi8 tures of such armed forces and security forces.

9 KOREAN PENINSULA ENERGY DEVELOPMENT

10 ORGANIZATION

11 SEC. 572. (a) Of the funds made available under the

12 heading ‘‘Nonproliferation, Anti-terrorism, Demining and

13 Related Programs’’, not to exceed $35,000,000 may be

14 made available for the Korean Peninsula Energy Develop15 ment Organization (hereafter referred to in this section

16 as ‘‘KEDO’’), notwithstanding any other provision of law,

17 only for the administrative expenses and heavy fuel oil

18 costs associated with the Agreed Framework.

19 (b) Of the funds made available for KEDO, up to

20 $15,000,000 may be made available prior to June 1, 2001,

21 if, 30 days prior to such obligation of funds, the President

22 certifies and so reports to Congress that—

23 (1) the parties to the Agreed Framework have

24 taken and continue to take demonstrable steps to

25 implement the Joint Declaration on

26 Denuclearization of the Korean Peninsula in which
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1 the Government of North Korea has committed not

2 to test, manufacture, produce, receive, possess, store,

3 deploy, or use nuclear weapons, and not to possess

4 nuclear reprocessing or uranium enrichment facili5 ties;

6 (2) the parties to the Agreed Framework have

7 taken and continue to take demonstrable steps to

8 pursue the North-South dialogue;

9 (3) North Korea is complying with all provi10 sions of the Agreed Framework;

11 (4) North Korea has not diverted assistance

12 provided by the United States for purposes for

13 which it was not intended; and

14 (5) North Korea is not seeking to develop or ac15 quire the capability to enrich uranium, or any addi16 tional capability to reprocess spent nuclear fuel.

17 (c) Of the funds made available for KEDO, up to

18 $20,000,000 may be made available on or after June 1,

19 2001, if, 30 days prior to such obligation of funds, the

20 President certifies and so reports to Congress that—

21 (1) the effort to can and safely store all spent

22 fuel from North Korea’s graphite-moderated nuclear

23 reactors has been successfully concluded;
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1 (2) North Korea is complying with its obliga2 tions under the agreement regarding access to sus3 pect underground construction;

4 (3) North Korea has terminated its nuclear

5 weapons program, including all efforts to acquire,

6 develop, test, produce, or deploy such weapons; and

7 (4) the United States has made and is con8 tinuing to make significant progress on eliminating

9 the North Korean ballistic missile threat, including

10 further missile tests and its ballistic missile exports.

11 (d) The President may waive the certification require12 ments of subsections (b) and (c) if the President deter13 mines that it is vital to the national security interests of

14 the United States and provides written policy justifica15 tions to the appropriate congressional committees prior to

16 his exercise of such waiver. No funds may be obligated

17 for KEDO until 30 days after submission to Congress of

18 such waiver.

19 (e) The Secretary of State shall submit to the appro20 priate congressional committees a report (to be submitted

21 with the annual presentation for appropriations) providing

22 a full and detailed accounting of the fiscal year 2002 re23 quest for the United States contribution to KEDO, the

24 expected operating budget of the KEDO, to include un25 paid debt, proposed annual costs associated with heavy
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1 fuel oil purchases, and the amount of funds pledged by

2 other donor nations and organizations to support KEDO

3 activities on a per country basis, and other related activi4 ties.

5 AFRICAN DEVELOPMENT FOUNDATION

6 SEC. 573. Funds made available to grantees of the

7 African Development Foundation may be invested pending

8 expenditure for project purposes when authorized by the

9 President of the Foundation: Provided, That interest

10 earned shall be used only for the purposes for which the

11 grant was made: Provided further, That this authority ap12 plies to interest earned both prior to and following enact13 ment of this provision: Provided further, That notwith14 standing section 505(a)(2) of the African Development

15 Foundation Act, in exceptional circumstances the board

16 of directors of the Foundation may waive the $250,000

17 limitation contained in that section with respect to a

18 project: Provided further, That the Foundation shall pro19 vide a report to the Committees on Appropriations in ad20 vance of exercising such waiver authority.

21 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

22 BROADCASTING CORPORATION

23 SEC. 574. None of the funds appropriated or other24 wise made available by this Act may be used to provide

25 equipment, technical support, consulting services, or any
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1 other form of assistance to the Palestinian Broadcasting

2 Corporation.

3 VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES

4 OF THE U.S. AGENCY FOR INTERNATIONAL DEVEL5 OPMENT

6 SEC. 575. (a) DEFINITIONS.—For the purposes of

7 this section—

8 (1) the term ‘‘agency’’ means the United States

9 Agency for International Development;

10 (2) the term ‘‘Administrator’’ means the Ad11 ministrator, United States Agency for International

12 Development; and

13 (3) the term ‘‘employee’’ means an employee

14 (as defined by section 2105 of title 5, United States

15 Code) who is employed by the agency, is serving

16 under an appointment without time limitation, and

17 has been currently employed for a continuous period

18 of at least 3 years, but does not include—

19 (A) a reemployed annuitant under sub20 chapter III of chapter 83 or chapter 84 of title

21 5, United States Code, or another retirement

22 system for employees of the agency;

23 (B) an employee having a disability on the

24 basis of which such employee is or would be eli25 gible for disability retirement under the applica-
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1 ble retirement system referred to in subpara2 graph (A);

3 (C) an employee who is to be separated in4 voluntarily for misconduct or unacceptable per5 formance, and to whom specific notice has been

6 given with respect to that separation;

7 (D) an employee who has previously re8 ceived any voluntary separation incentive pay9 ment by the Government of the United States

10 under this section or any other authority and

11 has not repaid such payment;

12 (E) an employee covered by statutory re13 employment rights who is on transfer to an14 other organization; or

15 (F) any employee who, during the 24-

16 month period preceding the date of separation,

17 received a recruitment or relocation bonus

18 under section 5753 of title 5, United States

19 Code, or who, within the 12-month period pre20 ceding the date of separation, received a reten21 tion allowance under section 5754 of such title

22 5.

23 (b) AGENCY STRATEGIC PLAN.—

24 (1) IN GENERAL.—The Administrator, before

25 obligating any resources for voluntary separation in-
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1 centive payments under this section, shall submit to

2 the Committees on Appropriations and the Office of

3 Management and Budget a strategic plan outlining

4 the intended use of such incentive payments and a

5 proposed organizational chart for the agency once

6 such incentive payments have been completed.

7 (2) CONTENTS.—The agency’s plan shall

8 include—

9 (A) the positions and functions to be re10 duced or eliminated, identified by organizational

11 unit, geographic location, occupational category

12 and grade level;

13 (B) the number and amounts of voluntary

14 separation incentive payments to be offered;

15 (C) a description of how the agency will

16 operate without the eliminated positions and

17 functions; and

18 (D) the time period during which incen19 tives may be paid.

20 (3) APPROVAL.—The Director of the Office of

21 Management and Budget shall review the agency’s

22 plan and approve or disapprove the plan and may

23 make appropriate modifications in the plan with re24 spect to the coverage of incentives as described
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1 under paragraph (2)(A), and with respect to the

2 matters described in paragraphs (2)(B) through (D).

3 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPARA4 TION INCENTIVE PAYMENTS.—

5 (1) IN GENERAL.—A voluntary separation in6 centive payment under this section may be paid by

7 the agency to employees of such agency and only to

8 the extent necessary to eliminate the positions and

9 functions identified by the strategic plan.

10 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

11 A voluntary separation incentive payment under this

12 section—

13 (A) shall be paid in a lump sum after the

14 employee’s separation;

15 (B) shall be paid from appropriations or

16 funds available for the payment of the basic pay

17 of the employees;

18 (C) shall be equal to the lesser of—

19 (i) an amount equal to the amount

20 the employee would be entitled to receive

21 under section 5595(c) of title 5, United

22 States Code, if the employee were entitled

23 to payment under such section; or

24 (ii) an amount determined by the

25 agency head not to exceed $25,000;
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1 (D) may not be made except in the case of

2 any employee who voluntarily separates (wheth3 er by retirement or resignation) on or before

4 December 31, 2001;

5 (E) shall not be a basis for payment, and

6 shall not be included in the computation, of any

7 other type of Government benefit; and

8 (F) shall not be taken into account in de9 termining the amount of any severance pay to

10 which the employee may be entitled under sec11 tion 5595 of title 5, United States Code, based

12 on any other separation.

13 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE

14 RETIREMENT FUND.—

15 (1) IN GENERAL.—In addition to any other

16 payments which it is required to make under sub17 chapter III of chapter 83 or chapter 84 of title 5,

18 United States Code, the agency shall remit to the

19 Office of Personnel Management for deposit in the

20 Treasury of the United States to the credit of the

21 Civil Service Retirement and Disability Fund an

22 amount equal to 15 percent of the final basic pay of

23 each employee of the agency who is covered under

24 subchapter III of chapter 83 or chapter 84 of title
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1 5, United States Code, to whom a voluntary separa2 tion incentive has been paid under this section.

3 (2) DEFINITION.—For the purpose of para4 graph (1), the term ‘‘final basic pay’’, with respect

5 to an employee, means the total amount of basic pay

6 which would be payable for a year of service by such

7 employee, computed using the employee’s final rate

8 of basic pay, and, if last serving on other than a

9 full-time basis, with appropriate adjustment there10 for.

11 (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

12 THE GOVERNMENT.—

13 (1) An individual who has received a voluntary

14 separation incentive payment under this section and

15 accepts any employment for compensation with the

16 Government of the United States, or who works for

17 any agency of the Government of the United States

18 through a personal services contract, within 5 years

19 after the date of the separation on which the pay20 ment is based shall be required to pay, prior to the

21 individual’s first day of employment, the entire

22 amount of the incentive payment to the agency that

23 paid the incentive payment.

24 (2) If the employment under paragraph (1) is

25 with an Executive agency (as defined by section 105
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1 of title 5, United States Code), the United States

2 Postal Service, or the Postal Rate Commission, the

3 Director of the Office of Personnel Management

4 may, at the request of the head of the agency, waive

5 the repayment if the individual involved possesses

6 unique abilities and is the only qualified applicant

7 available for the position.

8 (3) If the employment under paragraph (1) is

9 with an entity in the legislative branch, the head of

10 the entity or the appointing official may waive the

11 repayment if the individual involved possesses

12 unique abilities and is the only qualified applicant

13 available for the position.

14 (4) If the employment under paragraph (1) is

15 with the judicial branch, the Director of the Admin16 istrative Office of the United States Courts may

17 waive the repayment if the individual involved pos18 sesses unique abilities and is the only qualified appli19 cant for the position.

20 (f) REDUCTION OF AGENCY EMPLOYMENT LEV21 ELS.—

22 (1) IN GENERAL.—The total number of funded

23 employee positions in the agency shall be reduced by

24 one position for each vacancy created by the separa25 tion of any employee who has received, or is due to
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1 receive, a voluntary separation incentive payment

2 under this section. For the purposes of this sub3 section, positions shall be counted on a full-time4 equivalent basis.

5 (2) ENFORCEMENT.—The President, through

6 the Office of Management and Budget, shall monitor

7 the agency and take any action necessary to ensure

8 that the requirements of this subsection are met.

9 (g) REGULATIONS.—The Office of Personnel Man10 agement may prescribe such regulations as may be nec11 essary to implement this section.

12 KYOTO PROTOCOL

13 SEC. 576. None of the funds appropriated by this Act

14 shall be used to propose or issue rules, regulations, de15 crees, or orders for the purpose of implementation, or in

16 preparation for implementation, of the Kyoto Protocol,

17 which was adopted on December 11, 1997, in Kyoto,

18 Japan, at the Third Conference of the Parties to the

19 United States Framework Convention on Climate Change,

20 which has not been submitted to the Senate for advice and

21 consent to ratification pursuant to article II, section 2,

22 clause 2, of the United States Constitution, and which has

23 not entered into force pursuant to article 25 of the Pro24 tocol.
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1 ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING

2 OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

3 SEC. 577. (a) VALUE OF ADDITIONS TO STOCK4 PILES.—Section 514(b)(2)(A) of the Foreign Assistance

5 Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by

6 inserting before the period at the end, the following: ‘‘and

7 $50,000,000 for fiscal year 2001’’.

8 (b) REQUIREMENTS RELATING TO THE REPUBLIC OF

9 KOREA AND THAILAND.—Section 514(b)(2)(B) of such

10 Act (22 U.S.C. 2321h(b)(2)(B)) is amended by inserting

11 at the end thereof the following sentence: ‘‘Of the amount

12 specified in subparagraph (A) for fiscal year 2001, not

13 more than $50,000,000 may be made available for stock14 piles in the Republic of Korea.’’.

15 ABOLITION OF THE INTER-AMERICAN FOUNDATION

16 SEC. 578. (a) DEFINITIONS.—In this section:

17 (1) DIRECTOR.—The term ‘‘Director’’ means

18 the Director of the Office of Management and Budg19 et.

20 (2) FOUNDATION.—The term ‘‘Foundation’’

21 means the Inter-American Foundation.

22 (3) FUNCTION.—The term ‘‘function’’ means

23 any duty, obligation, power, authority, responsibility,

24 right, privilege, activity, or program.

25 (b) ABOLITION OF INTER-AMERICAN FOUNDA26 TION.—During fiscal year 2001, the President is author-
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1 ized to abolish the Inter-American Foundation. The provi2 sions of this section shall only be effective upon the effec3 tive date of the abolition of the Inter-American Founda4 tion.

5 (c) TERMINATION OF FUNCTIONS.—

6 (1) Except as provided in subsection (d)(2),

7 there are terminated upon the abolition of the Foun8 dation all functions vested in, or exercised by, the

9 Foundation or any official thereof, under any stat10 ute, reorganization plan, Executive order, or other

11 provisions of law, as of the day before the effective

12 date of this section.

13 (2) REPEAL.—Section 401 of the Foreign As14 sistance Act of 1969 (22 U.S.C. 290f) is repealed

15 upon the effective date specified in subsection (j).

16 (3) FINAL DISPOSITION OF FUNDS.—Upon the

17 date of transmittal to Congress of the certification

18 described in subsection (d)(4), all unexpended bal19 ances of appropriations of the Foundation shall be

20 deposited in the miscellaneous receipts account of

21 the Treasury of the United States.

22 (d) RESPONSIBILITIES OF THE DIRECTOR OF THE

23 OFFICE OF MANAGEMENT AND BUDGET.—

24 (1) IN GENERAL.—The Director of the Office of

25 Management and Budget shall be responsible for—
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1 (A) the administration and wind-up of any

2 outstanding obligation of the Federal Govern3 ment under any contract or agreement entered

4 into by the Foundation before the date of the

5 enactment of the Foreign Operations, Export

6 Financing, and Related Programs Appropria7 tions Act, 2001, except that the authority of

8 this subparagraph does not include the renewal

9 or extension of any such contract or agreement;

10 and

11 (B) taking such other actions as may be

12 necessary to wind-up any outstanding affairs of

13 the Foundation.

14 (2) TRANSFER OF FUNCTIONS TO THE DIREC15 TOR.—There are transferred to the Director such

16 functions of the Foundation under any statute, reor17 ganization plan, Executive order, or other provision

18 of law, as of the day before the date of the enact19 ment of this section, as may be necessary to carry

20 out the responsibilities of the Director under para21 graph (1).

22 (3) AUTHORITIES OF THE DIRECTOR.—For

23 purposes of performing the functions of the Director

24 under paragraph (1) and subject to the availability

25 of appropriations, the Director may—
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1 (A) enter into contracts;

2 (B) employ experts and consultants in ac3 cordance with section 3109 of title 5, United

4 States Code, at rates for individuals not to ex5 ceed the per diem rate equivalent to the rate for

6 level IV of the Executive Schedule; and

7 (C) utilize, on a reimbursable basis, the

8 services, facilities, and personnel of other Fed9 eral agencies.

10 (4) CERTIFICATION REQUIRED.—Whenever the

11 Director determines that the responsibilities de12 scribed in paragraph (1) have been fully discharged,

13 the Director shall so certify to the appropriate con14 gressional committees.

15 (e) REPORT TO CONGRESS.—The Director of the Of16 fice of Management and Budget shall submit to the appro17 priate congressional committees a detailed report in writ18 ing regarding all matters relating to the abolition and ter19 mination of the Foundation. The report shall be submitted

20 not later than 90 days after the termination of the Foun21 dation.

22 (f) TRANSFER AND ALLOCATION OF APPROPRIA23 TIONS.—Except as otherwise provided in this section, the

24 assets, liabilities (including contingent liabilities arising

25 from suits continued with a substitution or addition of
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1 parties under subsection (g)(3)), contracts, property,

2 records, and unexpended balance of appropriations, au3 thorizations, allocations, and other funds employed, held,

4 used, arising from, available to, or to be made available

5 in connection with the functions, terminated by subsection

6 (c)(1) or transferred by subsection (d)(2) shall be trans7 ferred to the Director for purposes of carrying out the re8 sponsibilities described in subsection (d)(1).

9 (g) SAVINGS PROVISIONS.—

10 (1) CONTINUING LEGAL FORCE AND EFFECT.—

11 All orders, determinations, rules, regulations, per12 mits, agreements, grants, contracts, certificates, li13 censes, registrations, privileges, and other adminis14 trative actions—

15 (A) that have been issued, made, granted,

16 or allowed to become effective by the Founda17 tion in the performance of functions that are

18 terminated or transferred under this section;

19 and

20 (B) that are in effect as of the date of the

21 abolition of the Foundation, or were final before

22 such date and are to become effective on or

23 after such date,

24 shall continue in effect according to their terms until

25 modified, terminated, superseded, set aside, or re-
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1 voked in accordance with law by the President, the

2 Director, or other authorized official, a court of com3 petent jurisdiction, or by operation of law.

4 (2) NO EFFECT ON JUDICIAL OR ADMINISTRA5 TIVE PROCEEDINGS.—Except as otherwise provided

6 in this section—

7 (A) the provisions of this section shall not

8 affect suits commenced prior to the date of the

9 abolition of the Foundation; and

10 (B) in all such suits, proceedings shall be

11 had, appeals taken, and judgments rendered in

12 the same manner and effect as if this section

13 had not been enacted.

14 (3) NONABATEMENT OF PROCEEDINGS.—No

15 suit, action, or other proceeding commenced by or

16 against any officer in the official capacity of such in17 dividual as an officer of the Foundation shall abate

18 by reason of the enactment of this section. No cause

19 of action by or against the Foundation, or by or

20 against any officer thereof in the official capacity of

21 such officer, shall abate by reason of the enactment

22 of this section.

23 (4) CONTINUATION OF PROCEEDING WITH SUB24 STITUTION OF PARTIES.—If, before the date of the

25 abolition of the Foundation, the Foundation, or offi-
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1 cer thereof in the official capacity of such officer, is

2 a party to a suit, then effective on such date such

3 suit shall be continued with the Director substituted

4 or added as a party.

5 (5) REVIEWABILITY OF ORDERS AND ACTIONS

6 UNDER TRANSFERRED FUNCTIONS.—Orders and ac7 tions of the Director in the exercise of functions ter8 minated or transferred under this section shall be

9 subject to judicial review to the same extent and in

10 the same manner as if such orders and actions had

11 been taken by the Foundation immediately preceding

12 their termination or transfer. Any statutory require13 ments relating to notice, hearings, action upon the

14 record, or administrative review that apply to any

15 function transferred by this section shall apply to

16 the exercise of such function by the Director.

17 (h) CONFORMING AMENDMENTS.—

18 (1) AFRICAN DEVELOPMENT FOUNDATION.—

19 Section 502 of the International Security and Devel20 opment Cooperation Act of 1980 (22 U.S.C. 290h)

21 is amended—

22 (A) by inserting ‘‘and’’ at the end of para23 graph (2);

24 (B) by striking the semicolon at the end of

25 paragraph (3) and inserting a period; and
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1 (C) by striking paragraphs (4) and (5).

2 (2) SOCIAL PROGRESS TRUST FUND AGREE3 MENT.—Section 36 of the Foreign Assistance Act of

4 1973 is amended—

5 (A) in subsection (a)—

6 (i) by striking ‘‘provide for’’ and all

7 that follows through ‘‘(2) utilization’’ and

8 inserting ‘‘provide for the utilization’’; and

9 (ii) by striking ‘‘member countries;’’

10 and all that follows through ‘‘paragraph

11 (2)’’ and inserting ‘‘member countries.’’;

12 (B) in subsection (b), by striking ‘‘transfer

13 or’’;

14 (C) by striking subsection (c);

15 (D) by redesignating subsection (d) as sub16 section (c); and

17 (E) in subsection (c) (as so redesignated),

18 by striking ‘‘transfer or’’.

19 (3) FOREIGN ASSISTANCE ACT OF 1961.—Sec20 tion 222A(d) of the Foreign Assistance Act of 1961

21 (22 U.S.C. 2182a(d)) is repealed.

22 (i) DEFINITION.—In this section, the term ‘‘appro23 priate congressional committees’’ means the Committee on

24 Appropriations and the Committee on Foreign Relations

25 of the Senate and the Committee on Appropriations and
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1 the Committee on International Relations of the House

2 of Representatives.

3 (j) EFFECTIVE DATES.—The repeal made by sub4 section (c)(2) and the amendments made by subsection (h)

5 shall take effect upon the date of transmittal to Congress

6 of the certification described in subsection (d)(4).

7 WEST BANK AND GAZA PROGRAM

8 SEC. 579. For fiscal year 2001, 30 days prior to the

9 initial obligation of funds for the bilateral West Bank and

10 Gaza Program, the Secretary of State shall certify to the

11 appropriate committees of Congress that procedures have

12 been established to assure the Comptroller General of the

13 United States will have access to appropriate United

14 States financial information in order to review the uses

15 of United States assistance for the Program funded under

16 the heading ‘‘Economic Support Fund’’ for the West Bank

17 and Gaza.

18 INDONESIA

19 SEC. 580. (a) Funds appropriated by this Act under

20 the headings ‘‘International Military Education and

21 Training’’ and ‘‘Foreign Military Financing Program’’

22 may be made available to the Government of Indonesia

23 if the President determines and submits a report to the

24 appropriate congressional committees that the Govern25 ment of Indonesia and the Indonesian Armed Forces

26 are—
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1 (1) taking effective measures to bring to justice mem2 bers of the armed forces and militia groups against whom

3 there is credible evidence of human rights violations;

4 (2) taking effective measures to bring to justice mem5 bers of the armed forces against whom there is credible

6 evidence of aiding or abetting militia groups;

7 (3) allowing displaced persons and refugees to return

8 home to East Timor, including providing safe passage for

9 refugees returning from West Timor;

10 (4) not impeding the activities of the United Nations

11 Transitional Authority in East Timor;

12 (5) demonstrating a commitment to preventing incur13 sions into East Timor by members of militia groups in

14 West Timor; and

15 (6) demonstrating a commitment to accountability by

16 cooperating with investigations and prosecutions of mem17 bers of the Indonesian Armed Forces and militia groups

18 responsible for human rights violations in Indonesia and

19 East Timor.

20 WORKING CAPITAL FUND

21 SEC. 581. (a) Section 635 of the Foreign Assistance

22 Act of 1961 (22 U.S.C. 2395) is amended by adding a

23 new subsection (l) as follows:

24 ‘‘(l)(1) There is hereby established a working

25 capital fund for the Agency for International Devel26 opment which shall be available without fiscal year
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1 limitation for the expenses of personal and nonper2 sonal services, equipment and supplies for Inter3 national Cooperative Administrative Support Serv4 ices.

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

6 fair and reasonable value of such supplies, equip7 ment and other assets pertaining to the functions of

8 the fund as the Administrator determines, rebates

9 from the use of United States Government credit

10 cards, and any appropriations made available for the

11 purpose of providing capital, less related liabilities

12 and unpaid obligations.

13 ‘‘(3) The fund shall be reimbursed or credited

14 with advance payments for services, equipment or

15 supplies provided from the fund from applicable ap16 propriations and funds of the agency, other Federal

17 agencies and other sources authorized by section 607

18 of this Act at rates that will recover total expenses

19 of operation, including accrual of annual leave and

20 depreciation. Receipts from the disposal of, or pay21 ments for the loss or damage to, property held in the

22 fund, rebates, reimbursements, refunds and other

23 credits applicable to the operation of the fund may

24 be deposited in the fund.
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1 ‘‘(4) The agency shall transfer to the Treasury

2 as miscellaneous receipts as of the close of the fiscal

3 year such amounts which the Administrator deter4 mines to be in excess of the needs of the fund.

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

6 value of supplies and equipment returned to the

7 working capital of the fund by a post, activity or

8 agency and the proceeds shall, if otherwise author9 ized, be credited to current applicable appropria10 tions.’’.

11 IMMUNITY OF FEDERAL REPUBLIC OF YUGOSLAVIA

12 SEC. 582. (a) Subject to subsection (b), the Federal

13 Republic of Yugoslavia shall be deemed to be a state spon14 sor of terrorism for the purposes of 28 U.S.C. 1605(a)(7).

15 (b) This section shall not apply to Montenegro or

16 Kosova.

17 (c) This section shall become null and void when the

18 President certifies in writing to the Congress that the Fed19 eral Republic of Yugoslavia (other than Montenegro and

20 Kosova) has completed a democratic reform process that

21 results in a newly elected government that respects the

22 rights of ethnic minorities, is committed to the rule of law

23 and respects the sovereignty of its neighbor states.

24 (d) The certification provided for in subsection (c)

25 shall not affect the continuation of litigation commenced
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1 against the Federal Republic of Yugoslavia prior to its ful2 fillment of the conditions in subsection (c).

3 CONSULTATIONS ON ARMS SALES TO TAIWAN

4 SEC. 583. Consistent with the intent of Congress ex5 pressed in the enactment of section 3(b) of the Taiwan

6 Relations Act, the Secretary of State shall consult with

7 the appropriate committees and leadership of Congress to

8 devise a mechanism to provide for congressional input

9 prior to making any determination on the nature or quan10 tity of defense articles and services to be made available

11 to Taiwan.

12 SANCTIONS AGAINST SERBIA

13 SEC. 584. (a) CONTINUATION OF EXECUTIVE

14 BRANCH SANCTIONS.—The sanctions listed in subsection

15 (b) shall remain in effect for fiscal year 2001, unless the

16 President submits to the Committees on Appropriations

17 and Foreign Relations in the Senate and the Committees

18 on Appropriations and International Relations of the

19 House of Representatives a certification described in sub20 section (c).

21 (b) APPLICABLE SANCTIONS.—

22 (1) The Secretary of the Treasury shall instruct

23 the United States executive directors of the inter24 national financial institutions to work in opposition

25 to, and vote against, any extension by such institu-
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1 tions of any financial or technical assistance or

2 grants of any kind to the government of Serbia.

3 (2) The Secretary of State should instruct the

4 United States Ambassador to the Organization for

5 Security and Cooperation in Europe (OSCE) to

6 block any consensus to allow the participation of

7 Serbia in the OSCE or any organization affiliated

8 with the OSCE.

9 (3) The Secretary of State should instruct the

10 United States Representative to the United Nations

11 to vote against any resolution in the United Nations

12 Security Council to admit Serbia to the United Na13 tions or any organization affiliated with the United

14 Nations, to veto any resolution to allow Serbia to as15 sume the United Nations’ membership of the former

16 Socialist Federal Republic of Yugoslavia, and to take

17 action to prevent Serbia from assuming the seat for18 merly occupied by the Socialist Federal Republic of

19 Yugoslavia.

20 (4) The Secretary of State should instruct the

21 United States Permanent Representative on the

22 Council of the North Atlantic Treaty Organization

23 to oppose the extension of the Partnership for Peace

24 program or any other organization affiliated with

25 NATO to Serbia.
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1 (5) The Secretary of State should instruct the

2 United States Representatives to the Southeast Eu3 ropean Cooperative Initiative (SECI) to oppose and

4 to work to prevent the extension of SECI member5 ship to Serbia.

6 (c) CERTIFICATION.—A certification described in this

7 subsection is a certification that—

8 (1) the representatives of the successor states

9 to the Socialist Federal Republic of Yugoslavia have

10 successfully negotiated the division of assets and li11 abilities and all other succession issues following the

12 dissolution of the Socialist Federal Republic of

13 Yugoslavia;

14 (2) the Government of Serbia is fully complying

15 with its obligations as a signatory to the General

16 Framework Agreement for Peace in Bosnia and

17 Herzegovina;

18 (3) the Government of Serbia is fully cooper19 ating with and providing unrestricted access to the

20 International Criminal Tribunal for the former

21 Yugoslavia, including surrendering persons indicted

22 for war crimes who are within the jurisdiction of the

23 territory of Serbia, and with the investigations con24 cerning the commission of war crimes and crimes

25 against humanity in Kosova;
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1 (4) the Government of Serbia is implementing

2 internal democratic reforms; and

3 (5) Serbian federal governmental officials, and

4 representatives of the ethnic Albanian community in

5 Kosova have agreed on, signed, and begun imple6 mentation of a negotiated settlement on the future

7 status of Kosova.

8 (d) STATEMENT OF POLICY.—It is the sense of the

9 Congress that the United States should not restore full

10 diplomatic relations with Serbia until the President sub11 mits to the Committees on Appropriations and Foreign

12 Relations in the Senate and the Committees on Appropria13 tions and International Relations in the House of Rep14 resentatives the certification described in subsection (c).

15 (e) EXEMPTION OF MONTENEGRO AND KOSOVA.—

16 The sanctions described in subsection (b) shall not apply

17 to Montenegro or Kosova.

18 (f) DEFINITION.—The term ‘‘international financial

19 institution’’ includes the International Monetary Fund,

20 the International Bank for Reconstruction and Develop21 ment, the International Development Association, the

22 International Finance Corporation, the Multilateral In23 vestment Guaranty Agency, and the European Bank for

24 Reconstruction and Development.
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1 (g) WAIVER AUTHORITY.—The President may waive

2 the application in whole or in part, of any sanction de3 scribed in subsection (b) if the President certifies to the

4 Congress that the President has determined that the waiv5 er is necessary to meet emergency humanitarian needs.

6 CLEAN COAL TECHNOLOGY

7 SEC. 585. (a) FINDINGS.—The Congress finds as fol8 lows:

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

10 development of environmental technologies, particu11 larly clean coal technology.

12 (2) Severe pollution problems affecting people

13 in developing countries, and the serious health prob14 lems that result from such pollution, can be effec15 tively addressed through the application of United

16 States technology.

17 (3) During the next century, developing coun18 tries, particularly countries in Asia such as China

19 and India, will dramatically increase their consump20 tion of electricity, and low quality coal will be a

21 major source of fuel for power generation.

22 (4) Without the use of modern clean coal tech23 nology, the resultant pollution will cause enormous

24 health and environmental problems leading to dimin25 ished economic growth in developing countries and,
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1 thus, diminished United States exports to those

2 growing markets.

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

4 United States to promote the export of United States

5 clean coal technology. In furtherance of that policy, the

6 Secretary of State, the Secretary of the Treasury (acting

7 through the United States executive directors to inter8 national financial institutions), the Secretary of Energy,

9 and the Administrator of the United States Agency for

10 International Development (USAID) should, as appro11 priate, vigorously promote the use of United States clean

12 coal technology in environmental and energy infrastruc13 ture programs, projects and activities. Programs, projects

14 and activities for which the use of such technology should

15 be considered include reconstruction assistance for the

16 Balkans, activities carried out by the Global Environment

17 Facility, and activities funded from USAID’s Development

18 Credit Authority.

19 REPEAL OF UNOBLIGATED BALANCE RESTRICTIONS

20 SEC. 586. (a) The final proviso under the heading

21 ‘‘Foreign Military Financing Program’’ in Title VI of the

22 Foreign Operations, Export Financing, and Related Pro23 grams as enacted into law by section 1000(a)(2) of divi24 sion B of Public Law 106–113 (113 STAT. 1501A–133),

25 is repealed.
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1 (b) Subsection (a) shall be effective immediately upon

2 the enactment of this Act.

3 REPEAL OF REQUIREMENT FOR ANNUAL GAO REPORT ON

4 THE FINANCIAL OPERATIONS OF THE INTER5 NATIONAL MONETARY FUND

6 SEC. 587. Section 1706 of the International Finan7 cial Institutions Act (22 U.S.C. 262r–5) is repealed.

8 EXTENSION OF GAO AUTHORITIES

9 SEC. 588. The funds made available to the Comp10 troller General pursuant to Title I, Chapter 4 of Public

11 Law 106–31 shall remain available until expended.

12 PROCUREMENT AUTHORITY

13 SEC. 589. Funds appropriated by this or any prior

14 Acts making appropriations for foreign operations, export

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

16 National Endowment for Democracy shall be provided in

17 a manner that is consistent with the last sentence of sec18 tion 503(a) of the National Endowment for Democracy

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

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

21 and the National Endowment for Democracy shall be

22 deemed ‘‘the awarding agency’’ for purposes of imple23 menting Office of Management and Budget Circular A–

24 122 as dated June 1, 1998, or any successor circular.
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1 FUNDING FOR PRIVATE ORGANIZATIONS

2 SEC. 590. Notwithstanding any other provision of

3 law, in determining eligibility for assistance authorized

4 under part I of the Foreign Assistance Act of 1961 (22

5 U.S.C. 2151 et seq.), foreign nongovernmental organiza6 tions and multilateral organizations—

7 (1) shall not be subject to requirements related

8 to the use of non-United States Government funds

9 for advocacy and lobbying activities more restrictive

10 than those that apply to United States nongovern11 mental organizations receiving assistance under part

12 I of such Act; and

13 (2) shall not be ineligible for such assistance

14 solely on the basis of health or medical services pro15 vided by such organizations with non-United States

16 Government funds if such services do not violate the

17 laws of the country in which they are being provided

18 and would not violate United States Federal law if

19 provided in the United States.

20 TITLE VI—PLAN COLOMBIA

21 The following sums are appropriated, out of any

22 money in the Treasury not otherwise appropriated, for the

23 fiscal year ending September 30, 2000, and for other pur24 poses, namely:
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1 CHAPTER 1

2 BILATERAL ECONOMIC ASSISTANCE

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 DEPARTMENT OF STATE

5 ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES

6 For necessary expenses to carry out section 481 of

7 the Foreign Assistance Act of 1961 to support Central

8 and South America and Caribbean counternarcotics activi9 ties, $934,100,000, to remain available until expended:

10 Provided, That of the funds appropriated under this head11 ing, not less than $120,000,000 shall be made available

12 for assistance for Bolivia, of which not less than

13 $100,000,000 shall be made available for alternative de14 velopment and other economic activities: Provided further,

15 That of the funds appropriated under this heading, not

16 less than $25,000,000 shall be made available for assist17 ance for Ecuador, of which not less than $12,000,000

18 shall be made available for alternative development and

19 other economic activities: Provided further, That of the

20 funds appropriated under this heading, up to $42,000,000

21 shall be made available for assistance for Peru: Provided

22 further, That of the funds appropriated under this head23 ing, not less than $18,000,000 shall be made available for

24 assistance for other countries in South and Central Amer25 ica and the Caribbean which are cooperating with United
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1 States counternarcotics objectives: Provided further, That

2 of the funds appropriated under this heading not less than

3 $110,000,000 shall be made available for the procure4 ment, refurbishing, and support for UH–1H Huey II heli5 copters: Provided further, That of the funds made avail6 able under this heading, not less than $5,000,000 shall

7 be made available for administration of demobilizing and

8 rehabilitating activities for child soldiers in Colombia: Pro9 vided further, That funds made available under this head10 ing shall be in addition to amounts otherwise available for

11 such purposes: Provided further, That section 482(b) of

12 the Foreign Assistance Act of 1961 shall not apply to

13 funds appropriated under this heading: Provided further,

14 That the Secretary of State, in consultation with the Sec15 retary of Defense and the Administrator of the U.S. Agen16 cy for International Development, shall provide to the

17 Committees on Appropriations not later than 30 days

18 after the date of enactment of this Act and prior to the

19 initial obligation of any funds appropriated under this

20 heading, a report on the proposed uses of all funds under

21 this heading on a country-by-country basis for each pro22 posed program, project or activity: Provided further, That

23 funds appropriated under this heading shall be subject to

24 notification: Provided further, That the entire amount is

25 designated by the Congress as an emergency requirement
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1 pursuant to section 251(b)(2)(A) of the Balanced Budget

2 and Emergency Deficit Control Act of 1985, as amended:

3 Provided further, That the entire amount provided shall

4 be available only to the extent an official budget request

5 that includes designation of the entire amount of the re6 quest as an emergency requirement as defined in the Bal7 anced Budget and Emergency Deficit Control Act of 1985,

8 as amended, is transmitted by the President to the Con9 gress.

10 GENERAL PROVISIONS—THIS CHAPTER

11 SEC. 6101. CONDITIONS ON ASSISTANCE FOR CO12 LOMBIA. (a) CONDITIONS.—

13 (1) CERTIFICATION REQUIRED.—Assistance

14 provided under this heading may be made available

15 for Colombia in fiscal years 2000 and 2001 only if

16 the Secretary of State certifies to the appropriate

17 congressional committees prior to the initial obliga18 tion of such assistance in each such fiscal year,

19 that—

20 (A)(i) the President of Colombia has di21 rected in writing that Colombian Armed Forces

22 personnel who are credibly alleged to have com23 mitted gross violations of human rights will be

24 brought to justice in Colombia’s civilian courts,

25 in accordance with the 1997 ruling of Colom-
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1 bia’s Constitutional court regarding civilian

2 court jurisdiction in human rights cases; and

3 (ii) the Commander General of the Colom4 bian Armed Forces is promptly suspending

5 from duty any Colombian Armed Forces per6 sonnel who are credibly alleged to have com7 mitted gross violations of human rights or to

8 have aided or abetted paramilitary groups; and

9 (iii) the Colombian Armed Forces and its

10 Commander General are fully complying with

11 (A)(i) and (ii); and

12 (B) the Colombian Armed Forces are co13 operating fully with civilian authorities in inves14 tigating, prosecuting, and punishing in the civil15 ian courts Colombian Armed Forces personnel

16 who are credibly alleged to have committed

17 gross violations of human rights; and

18 (C) the Government of Colombia is vigor19 ously prosecuting in the civilian courts the lead20 ers and members of paramilitary groups and

21 Colombian Armed Forces personnel who are

22 aiding or abetting these groups.

23 (2) CONSULTATIVE PROCESS.—The Secretary

24 of State shall consult with internationally recognized

25 human rights organizations regarding the Govern-
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1 ment of Colombia’s progress in meeting the condi2 tions contained in paragraph (1), prior to issuing

3 the certification required under paragraph (1).

4 (3) APPLICATION OF EXISTING LAWS.—The

5 same restrictions contained in section 564 of the

6 Foreign Operations, Export Financing, and Related

7 Programs Appropriations Act, 2000 (Public Law

8 106–113) and section 8098 of the Department of

9 Defense Appropriations Act, 2000 (Public Law 106–

10 79) shall apply to the availability of funds under this

11 heading.

12 (b) DEFINITIONS.—In this section:

13 (1) AIDING OR ABETTING.—The term ‘‘aiding

14 or abetting’’ means direct and indirect support to

15 paramilitary groups, including conspiracy to allow,

16 facilitate, or promote the activities of paramilitary

17 groups.

18 (2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means the Committee on Appropriations

21 and the Committee on Foreign Relations of the Sen22 ate and the Committee on Appropriations and the

23 Committee on International Relations of the House

24 of Representatives.
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1 (3) PARAMILITARY GROUPS.—The term ‘‘para2 military groups’’ means illegal self-defense groups

3 and security cooperatives.

4 (4) ASSISTANCE.—The term ‘‘assistance’’

5 means assistance appropriated under this heading

6 for fiscal years 2000 and 2001, and provided under

7 the following provisions of law:

8 (A) Section 1004 of the National Defense

9 Authorization Act for Fiscal Year 1991 (Public

10 Law 101–510; relating to counter-drug assist11 ance).

12 (B) Section 1033 of the National Defense

13 Authorization Act for Fiscal Year 1998 (Public

14 Law 105–85; relating to counter-drug assist15 ance to Colombia and Peru).

16 (C) Section 23 of the Arms Export Control

17 Act (Public Law 90–629); relating to credit

18 sales.

19 (D) Section 481 of the Foreign Assistance

20 Act of 1961 (Public Law 87–195; relating to

21 international narcotics control).

22 (E) Section 506 of the Foreign Assistance

23 Act of 1961 (Public Law 87–195; relating to

24 emergency drawdown authority).
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1 SEC. 6102. REGIONAL STRATEGY. (a) REPORT RE2 QUIRED.—Not later than 60 days after the date of enact3 ment of this Act, the President shall submit to the Com4 mittee on Foreign Relations and the Committee on Appro5 priations of the Senate, the Committee on International

6 Relations and the Committee on Appropriations of the

7 House of Representatives, a report on the current United

8 States policy and strategy regarding United States coun9 ternarcotics assistance for Colombia and neighboring

10 countries.

11 (b) REPORT ELEMENTS.—The report required by

12 subsection (a) shall address the following:

13 (1) The key objectives of the United States’

14 counternarcotics strategy in Colombia and neigh15 boring countries and a detailed description of bench16 marks by which to measure progress toward those

17 objectives.

18 (2) The actions required of the United States

19 to support and achieve these objectives, and a sched20 ule and cost estimates for implementing such ac21 tions.

22 (3) The role of the United States in the efforts

23 of the Government of Colombia to deal with illegal

24 drug production in Colombia.
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1 (4) The role of the United States in the efforts

2 of the Government of Colombia to deal with the in3 surgency and paramilitary forces in Colombia.

4 (5) How the strategy with respect to Colombia

5 relates to and affects the United States’ strategy in

6 the neighboring countries.

7 (6) How the strategy with respect to Colombia

8 relates to and affects the United States’ strategy for

9 fulfilling global counternarcotics goals.

10 (7) A strategy and schedule for providing mate11 rial, technical, and logistical support to Colombia

12 and neighboring countries in order to defend the

13 rule of law and to more effectively impede the cul14 tivation, production, transit, and sale of illicit nar15 cotics.

16 (8) A schedule for making Forward Operating

17 Locations (FOL) fully operational, including cost es18 timates and a description of the potential capabili19 ties for each proposed location and an explanation of

20 how the FOL architecture fits into the overall the

21 Strategy.

22 SEC. 6103. SENSE OF THE CONGRESS ON COUNTER

23 NARCOTICS MEASURES. It is the sense of Congress that—

24 (1) the Government of Colombia should commit

25 itself immediately to the urgent development and ap-
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1 plication of naturally occurring and ecologically

2 sound methods for eradicating illicit crops, which

3 could reduce significantly the loss of life in Colombia

4 and the United States;

5 (2) the effectiveness of United States counter

6 narcotics assistance to Colombia depends on the

7 ability of law enforcement officials of that country

8 having unimpeded access to all areas of the national

9 territory of Colombia for the purposes of carrying

10 out the interdiction of illegal narcotics and the eradi11 cation of illicit crops; and

12 (3) the governments of countries receiving sup13 port under this title should take effective steps to

14 prevent the creation of a safe haven for narcotics

15 traffickers by ensuring that narcotics traffickers in16 dicted in the United States are promptly arrested,

17 prosecuted, and sentenced to the maximum extent of

18 the law and, upon the request of the United States

19 Government, extradited to the United States for

20 trial for their egregious offenses against the security

21 and well-being of the people of the United States.

22 SEC. 6104. REPORT ON EXTRADITION OF NARCOTICS

23 TRAFFICKERS. (a) Not later than six months after the

24 date of the enactment of this title, and every six months

25 thereafter, during the period Plan Colombia resources are
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1 made available, the Secretary of State shall submit to the

2 Committee on Foreign Relations, the Committee on the

3 Judiciary and the Committee on Appropriations of the

4 Senate and the Committee on International Relations, the

5 Committee on the Judiciary, and the Committee on Ap6 propriations of the House of Representatives a report set7 ting forth—

8 (1) a list of the persons whose extradition has

9 been requested from any country receiving counter

10 narcotics assistance from the United States, indi11 cating those persons who—

12 (A) have been surrendered to the custody

13 of United States authorities;

14 (B) have been detained by the authorities

15 and who are being processed for extradition;

16 (C) have been detained by the authorities

17 and who are not yet being processed for extra18 dition; or

19 (D) are at large;

20 (2) a determination whether authorities of each

21 country receiving counternarcotics assistance from

22 the United States are making good faith efforts to

23 ensure the prompt extradition of each of the persons

24 sought by United States authorities; and

25 (3) an analysis of—
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1 (A) any legal obstacles in the laws of each

2 country receiving counternarcotics assistance

3 from the United States regarding prompt extra4 dition of persons sought by United States au5 thorities; and

6 (B) the steps taken by authorities of the

7 United States and the authorities of each coun8 try receiving counternarcotics assistance from

9 the United States to overcome such obstacles.

10 SEC. 6105. None of the funds appropriated under

11 this title may be used to support the aerial spraying of

12 any herbicide, unless the Surgeon General of the United

13 States determines and reports to the appropriate congres14 sional committees that such herbicide is safe and nontoxic

15 to human health, and the Administrator of the Environ16 mental Protection Agency determines and reports to the

17 appropriate congressional committees that such herbicide

18 does not contaminate water or leach in soil.

19 SEC. 6106. LIMITATIONS ON SUPPORT FOR PLAN

20 COLOMBIA AND ON THE ASSIGNMENT OF UNITED STATES

21 PERSONNEL IN COLOMBIA. (a) LIMITATION ON SUPPORT

22 FOR PLAN COLOMBIA.—Except for appropriations made

23 by this Act and appropriations made by the Military Con24 struction Appropriations Act, 2001, for such purpose,

25 none of the funds appropriated or otherwise made avail-
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1 able by any Act (including unobligated balances of prior

2 appropriations) shall be available for support of Plan Co3 lombia unless and until—

4 (1) the President submits a report to Congress

5 requesting the availability of such funds; and

6 (2) Congress enacts a joint resolution approving

7 the request of the President under paragraph (1).

8 (b) LIMITATION ON ASSIGNMENT OF UNITED

9 STATES PERSONNEL IN COLOMBIA.—

10 (1) LIMITATION.—Except as provided in para11 graph (2), none of the funds appropriated or other12 wise made available by this or any other Act (includ13 ing unobligated balances of prior appropriations)

14 may be available for—

15 (A) the assignment of any United States

16 military personnel for temporary or permanent

17 duty in Colombia if that assignment would

18 cause the number of United States military per19 sonnel so assigned in Colombia to exceed 250

20 (excluding military personnel assigned to the

21 United States diplomatic mission in Colombia);

22 or

23 (B) the employment of any United States

24 individual civilian retained as a contractor in

25 Colombia if that employment would cause the
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1 total number of individual civilian contractors

2 employed in Colombia in support of Plan Co3 lombia who are funded by Federal funds to ex4 ceed 100.

5 (2) EXCEPTION.—The limitation contained in

6 paragraph (1) shall not apply if—

7 (A) the President submits a report to Con8 gress requesting that the limitation not apply;

9 and

10 (B) Congress enacts a joint resolution ap11 proving the request of the President under sub12 paragraph (A).

13 (c) WAIVER.—The President may waive the limita14 tion in subsection (b)(1) for a single period of up to 90

15 days in the event that the Armed Forces of the United

16 States are involved in hostilities or that imminent involve17 ment by the Armed Forces of the United States in hos18 tilities is clearly indicated by the circumstances.

19 (d) MONTHLY REPORTS.—Beginning within 90 days

20 of the date of enactment of this joint resolution, and every

21 30 days thereafter, the President shall submit a report

22 to Congress that shall include the aggregate number, loca23 tions, activities, and lengths of assignment for all tem24 porary and permanent United States military personnel
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1 and individual civilians retained as contractors involved in

2 the antinarcotics campaign in Colombia.

3 (e) CONGRESSIONAL PRIORITY PROCEDURES.—

4 (1) JOINT RESOLUTIONS DEFINED.—

5 (A) For purposes of subsection (a)(2), the

6 term ‘‘joint resolution’’ means only a joint reso7 lution introduced not later than 10 days of the

8 date on which the report of the President under

9 subsection (a)(1) is received by Congress, the

10 matter after the resolving clause of which is as

11 follows: ‘‘That Congress approves the request of

12 the President for additional funds for Plan Co13 lombia contained in the report submitted by the

14 President under section 6106(a)(1) of the 2000

15 Emergency Supplemental Appropriations Act.’’.

16 (B) For purposes of subsection (b)(2)(B),

17 the term ‘‘joint resolution’’ means only a joint

18 resolution introduced not later than 10 days of

19 the date on which the report of the President

20 under subsection (a)(1) is received by Congress,

21 the matter after the resolving clause of which is

22 as follows: ‘‘That Congress approves the request

23 of the President for exemption from the limita24 tion applicable to the assignment of personnel

25 in Colombia contained in the report submitted
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1 by the President under section 6106(b)(2)(B)

2 of the 2000 Emergency Supplemental Appro3 priations Act.’’.

4 (2) PROCEDURES.—Except as provided in sub5 paragraph (B), a joint resolution described in para6 graph (1)(A) or (1)(B) shall be considered in a

7 House of Congress in accordance with the proce8 dures applicable to joint resolutions under para9 graphs (3) through (8) of section 8066(c) of the De10 partment of Defense Appropriations Act, 1985 (as

11 contained in Public Law 98–473; 98 Stat. 1936).

12 (f) PLAN COLOMBIA DEFINED.—In this section, the

13 term ‘‘Plan Colombia’’ means the plan of the Government

14 of Colombia instituted by the administration of President

15 Pastrana to combat drug production and trafficking, fos16 ter peace, increase the rule of law, improve human rights,

17 expand economic development, and institute justice re18 form.

19 CHAPTER 2

20 BILATERAL ECONOMIC ASSISTANCE

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 AGENCY FOR INTERNATIONAL DEVELOPMENT

23 INTERNATIONAL DISASTER ASSISTANCE

24 For an additional amount for ‘‘International Disaster

25 Assistance’’, $25,000,000 for Mozambique and Southern
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1 Africa, to remain available until expended: Provided, That

2 the entire amount is designated by the Congress as an

3 emergency requirement pursuant to section 251(b)(2)(A)

4 of the Balanced Budget and Emergency Deficit Control

5 Act of 1985, as amended: Provided further, That the

6 amount provided shall be available only to the extent that

7 an official budget request that includes designation of the

8 entire amount as an emergency requirement pursuant to

9 section 251(b)(2)(A) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985 as amended, is trans11 mitted by the President to the Congress.

12 INTERNATIONAL ASSISTANCE PROGRAMS

13 INTERNATIONAL SECURITY ASSISTANCE

14 FOREIGN MILITARY FINANCING PROGRAM

15 The value of articles and services authorized for

16 Southern Africa as of March 2, 2000, to be drawn down

17 by the President under the authority of section 506(a)(2)

18 of the Foreign Assistance Act of 1961, as amended, shall

19 not be counted against the ceiling limitation of that sec20 tion.

21 Under the authority of section 506(d) of the Foreign

22 Assistance Act of 1961, as amended, up to $37,600,000

23 is appropriated to the Department of Defense as reim24 bursement for drawdowns for southern Africa pursuant to

25 section 506(a)(2) of such Act authorized as of March 2,

26 2000: Provided, That the entire amount is designated by
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1 the Congress as an emergency requirement pursuant to

2 section 251(b)(2)(A) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985, as amended: Provided

4 further, That the amount provided shall be available only

5 to the extent that an official budget request that includes

6 designation of the entire amount as an emergency require7 ment pursuant to section 251(b)(2)(A) of the Balanced

8 Budget and Emergency Deficit Control Act of 1985, as

9 amended, is transmitted by the President to the Congress.

10 DEPARTMENT OF JUSTICE

11 DRUG ENFORCEMENT ADMINISTRATION

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses,’’ $17,850,000 to be made available until expended.

15 OFFICE OF JUSTICE PROGRAMS

16 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

17 (RESCISSION)

18 Of the unobligated balances available under this

19 heading for the State Criminal Alien Assistance Program,

20 $7,850,000 are rescinded.

21 This Act may be cited as the ‘‘Foreign Operations,

22 Export Financing, and Related Programs Appropriations

23 Act, 2001’’.

Calendar No. 530

106TH CONGRESS

2D SESSION S. 2522

A BILL

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

other purposes.

MAY 9, 2000

Read twice and placed on the calendar