IIB

106TH CONGRESS

2D SESSION S. 2382

[Report No. 106–257]

To authorize appropriations for technical assistance for fiscal year 2001,

to promote trade and anticorruption measures, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 7, 2000

Mr. HELMS, from the Committee on Foreign Relations, reported the following

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

APRIL 11, 2000

Referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To authorize appropriations for technical assistance for fiscal

year 2001, to promote trade and anticorruption measures, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Technical Assistance, Trade Promotion, and Anti-Cor6 ruption Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PROMOTING TRADE AND PROTECTING UNITED STATES

JOBS

Subtitle A—Private Sector Development

Sec. 101. Private sector enterprise funds.

Subtitle B—Protection of United States Jobs and Exports

Sec. 111. Prohibition on bilateral assistance for foreign exports of certain commodities.

Sec. 112. Opposition to multilateral assistance for certain surplus commodities.

Sec. 113. Prohibition on assistance for activities likely to cause a loss of United

States jobs.

Sec. 114. Purchase of American-made equipment and products.

Subtitle C—Trade Sanctions Reform and Export Enhancement

Sec. 121. Short title.

Sec. 122. Definitions.

Sec. 123. Restriction.

Sec. 124. Exceptions.

Sec. 125. Countries supporting international terrorism.

Sec. 126. Termination of sanctions.

Sec. 127. State sponsors of international terrorism.

Sec. 128. Congressional priority procedures.

Sec. 129. Effective date.

TITLE II—ECONOMIC ASSISTANCE

Subtitle A—Assistance Authorities

Sec. 201. Development assistance policy.

Sec. 202. Contingencies.

Sec. 203. Waiver of restrictions for narcotics-related economic assistance.

Sec. 204. Working capital fund.

Sec. 205. Certifications regarding adherence to population planning assistance

laws.

Sec. 206. Funding of certain environmental assistance activities of USAID.

Sec. 207. Funding of certain assistance activities in East Timor.

Sec. 208. Availability of ESF assistance for certain assistance activities for the

Horn of Africa.

Sec. 209. Allocation of assistance for sub-Saharan Africa.

Sec. 210. Nonmilitary education and anticorruption assistance.

Subtitle B—International Disaster Assistance

Sec. 211. Authority to provide reconstruction assistance.

Sec. 212. Processing of applications for transportation of humanitarian assistance abroad by the Department of Defense.

Subtitle C—Sudan Peace Act
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Sec. 221. Short title.

Sec. 222. Findings.

Sec. 223. Definitions.

Sec. 224. Condemnation of slavery, other human rights abuses, and new tactics

by the Government of Sudan.

Sec. 225. Support for the IGAD peace process.

Sec. 226. Increased pressure on combatants.

Sec. 227. Reporting requirement.

Sec. 228. Reform of Operation Lifeline Sudan (OLS).

Sec. 229. Continued use of non-OLS organizations for relief efforts.

Sec. 230. Contingency plan for any ban on air transport relief flights.

Sec. 231. New authority for USAID’s Sudan Transition Assistance for Rehabilitation (STAR) program.

Sec. 232. Assessment and planning for Nuba Mountains and other areas subject to bans on air transport relief flights.

Sec. 233. Options or plans for nonlethal assistance for National Democratic Alliance participants.

Subtitle D—Assistance to Countries With Large Populations Having HIV/

AIDS

Sec. 241. Definitions.

Sec. 242. Findings and purposes.

Sec. 243. Additional assistance authorities to combat HIV and AIDS.

Sec. 244. Voluntary contribution to Global Alliance for Vaccines and Immunizations and International AIDS Vaccine Initiative.

Sec. 245. Multilateral lifesaving vaccine purchase fund.

Sec. 246. World Bank trust fund for AIDS prevention and eradication.

Sec. 247. Negotiations for the creation of a World Bank trust fund for education of orphans in sub-Saharan Africa.

Sec. 248. Coordinated donor strategy for support and education of orphans in

sub-Saharan Africa.

Sec. 249. African Crisis Response Initiative and HIV/AIDS training.

Subtitle E—International Tuberculosis Control

Sec. 251. Short title.

Sec. 252. Findings.

Sec. 253. Assistance for tuberculosis prevention, treatment, control, and elimination.

Subtitle F—Global Opportunities for Biotechnology in Agriculture

Sec. 261. Short title.

Sec. 262. Findings.

Sec. 263. International education programs.

Sec. 264. Development of expertise in biotechnology in the United States Agency for International Development.

Sec. 265. Coordinated Federal strategy.

Sec. 266. Sense of the Congress.

Sec. 267. Definition.

TITLE III—PEACE CORPS OF THE UNITED STATES

Sec. 301. Redesignation of Peace Corps as Peace Corps of the United States.
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TITLE IV—STRENGTHENING ANTICORRUPTION MEASURES AND

ACCOUNTABILITY

Sec. 401. Debt relief under the Heavily Indebted Poor Countries (HIPC) Initiative.

Sec. 402. Strengthening procedures for monitoring use of funds by multilateral

development banks.

Sec. 403. Reports on policies, operations, and management of international financial institutions.

Sec. 404. Repeal of bilateral funding for international financial institutions.

Sec. 405. Definitions.

TITLE V—SERBIA DEMOCRATIZATION ACT

Sec. 501. Short title.

Sec. 502. Definitions.

Subtitle A—Support for the Democratic Opposition

Sec. 511. Findings and policy.

Sec. 512. Assistance to promote democracy and civil society in Yugoslavia.

Sec. 513. Authority for radio and television broadcasting.

Subtitle B—Assistance to the Victims of Serbian Oppression

Sec. 521. Findings.

Sec. 522. Sense of Congress.

Sec. 523. Assistance.

Subtitle C—‘‘Outer Wall’’ Sanctions

Sec. 531. ‘‘Outer wall’’ sanctions.

Sec. 532. International financial institutions not in compliance with ‘‘outer

wall’’ sanctions.

Subtitle D—Other Measures Against Yugoslavia

Sec. 541. Blocking assets in the United States.

Sec. 542. Suspension of entry into the United States.

Sec. 543. Prohibition on strategic exports to Yugoslavia.

Sec. 544. Prohibition on loans and investment.

Sec. 545. Prohibition of military-to-military cooperation.

Sec. 546. Multilateral sanctions.

Sec. 547. Exemptions.

Sec. 548. Waiver; termination of measures against Yugoslavia.

Sec. 549. Statutory construction.

Subtitle E—Miscellaneous Provisions

Sec. 551. The International Criminal Tribunal for the Former Yugoslavia.

Sec. 552. Sense of Congress with respect to ethnic Hungarians of Vojvodina.

Sec. 553. Ownership and use of diplomatic and consular properties.

Sec. 554. Transition assistance.

TITLE VI—MICROENTERPRISE ASSISTANCE

Sec. 601. Short title.

Sec. 602. Findings and declarations of policy.

Sec. 603. Purposes.
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Sec. 604. Microenterprise development grant assistance.

Sec. 605. Micro- and small enterprise development credits.

Sec. 606. Microfinance loan facility.

Sec. 607. Report relating to future development of microenterprise institutions.

Sec. 608. United States Agency for International Development as global leader

and coordinator of bilateral and multilateral microenterprise

assistance activities.

Sec. 609. Definitions.

TITLE VII—DEFENSE AND SECURITY ASSISTANCE

Subtitle A—Military and Related Assistance

CHAPTER 1—FOREIGN MILITARY FINANCING PROGRAM

Sec. 701. Authorization of appropriations.

CHAPTER 2—OTHER ASSISTANCE

Sec. 711. Defense drawdown special authorities.

Sec. 712. Increased transport authority.

Subtitle B—International Military Education and Training

Sec. 721. Authorization of appropriations.

Sec. 722. Additional requirements relating to international military education

and training.

Subtitle C—Nonproliferation and Export Control Assistance

Sec. 731. Nonproliferation and export control assistance.

Sec. 732. Nonproliferation and export control training in the United States.

Sec. 733. Science and technology centers.

Sec. 734. Trial transit program.

Subtitle D—Antiterrorism Assistance

Sec. 741. Authorization of appropriations.

Subtitle E—Integrated Security Assistance Planning

CHAPTER 1—ESTABLISHMENT OF A NATIONAL SECURITY ASSISTANCE

STRATEGY

Sec. 751. National security assistance strategy.

Sec. 752. Security assistance surveys.

CHAPTER 2—ALLOCATIONS FOR CERTAIN COUNTRIES

Sec. 761. Security assistance for new NATO members.

Sec. 762. Increased training assistance for Greece and Turkey.

Sec. 763. Minimum allocation for Egypt and Israel.

Sec. 764. Security assistance for certain countries.

Sec. 765. Border security and territorial independence.

Subtitle F—Other Provisions

Sec. 771. Utilization of defense articles and services.
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Sec. 772. Reduction in valuation of defense articles not intended for replacement.

Sec. 773. Congressional notification.

Sec. 774. National security exemption.

Sec. 775. Additions to United States war reserve stockpiles for allies.

Sec. 776. Transfer of certain obsolete or surplus defense articles in the war reserve stockpiles for allies to Israel.

Sec. 777. Stinger missiles in the Persian Gulf Region.

Sec. 778. Export information.

Sec. 779. Excess defense articles for Mongolia.

Sec. 780. Space cooperation with Russian persons.

Sec. 781. Assistance for Israel.

Subtitle G—Transfers of Naval Vessels

Sec. 791. Authority to transfer naval vessels to certain foreign countries.

Sec. 792. Inapplicability of aggregate annual limitation on value of transferred

excess defense articles.

Sec. 793. Costs of transfers.

Sec. 794. Conditions relating to combined lease-sale transfers.

Sec. 795. Funding of certain costs of transfers.

Sec. 796. Expiration of authority.

Subtitle H—Definition

Sec. 797. Appropriate committees of Congress defined.

TITLE VIII—SPECIAL AUTHORITIES AND OTHER PROVISIONS

Sec. 801. Prohibition on assistance to foreign governments that export lethal

military equipment to countries supporting international terrorism.

Sec. 802. Effective program oversight.

Sec. 803. Termination expenses.

Sec. 804. Administration of justice.

Sec. 805. Change from semiannual to annual reporting of environmental impacts of MDB assistance proposals.

Sec. 806. Sense of the Senate on environmental contamination and health effects emanating from the former United States military facilities in the Philippines.

Sec. 807. Repeal of obsolete provisions.
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1 TITLE I—PROMOTING TRADE

2 AND PROTECTING UNITED

3 STATES JOBS

4 Subtitle A—Private Sector

5 Development

6 SEC. 101. PRIVATE SECTOR ENTERPRISE FUNDS.

7 (a) IN GENERAL.—Part III of the Foreign Assistance

8 Act of 1961 is amended by inserting after section 601 (22

9 U.S.C. 2351) the following new section:

10 ‘‘SEC. 601A. PRIVATE SECTOR ENTERPRISE FUNDS.

11 ‘‘(a) AUTHORITY.—

12 ‘‘(1) ELIGIBLE ENTERPRISE FUNDS.—The

13 President may provide funds and support to Enter14 prise Funds designated in accordance with sub15 section (b) that are or have been established in fur16 therance of chapter 1 of part I of this Act for the

17 purposes of promoting—

18 ‘‘(A) development of the private sectors of

19 eligible countries, including small businesses,

20 the agricultural sector, and joint ventures with

21 United States and host country participants;

22 and

23 ‘‘(B) policies and practices conducive to

24 private sector development in eligible countries;
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1 on the same basis as funds and support may be pro2 vided with respect to Enterprise Funds for Poland

3 and Hungary under the Support for East European

4 Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et

5 seq.).

6 ‘‘(2) SUPERSEDES OTHER LAWS.—Funds may

7 be made available under this section notwithstanding

8 any other provision of law, except sections 620A and

9 490 of this Act.

10 ‘‘(b) COUNTRIES ELIGIBLE FOR ENTERPRISE

11 FUNDS.—

12 ‘‘(1) DESIGNATION OF ELIGIBLE RECIPIENTS.—

13 Except as provided in paragraph (2), the President

14 is authorized to designate a private, nonprofit orga15 nization as eligible to receive funds and support pur16 suant to this section with respect to any country in

17 the same manner and with the same limitations as

18 set forth in section 201(d) of the Support for East

19 European Democracy (SEED) Act of 1989 (22

20 U.S.C. 5421(d)).

21 ‘‘(2) INELIGIBLE COUNTRIES.—The authority

22 of paragraph (1) shall not apply to any country with

23 respect to which the President is authorized to des24 ignate an enterprise fund under section 498B(c) of

25 this Act or section 201 of the Support for East Eu-
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1 ropean Democracy (SEED) Act of 1989 (22 U.S.C.

2 5421).

3 ‘‘(c) TREATMENT EQUIVALENT TO ENTERPRISE

4 FUNDS FOR POLAND AND HUNGARY.—Except as other5 wise specifically provided in this section, the provisions

6 contained in section 201 of the Support for East Euro7 pean Democracy (SEED) Act of 1989 (22 U.S.C. 5421)

8 (excluding the authorizations of appropriations provided

9 in subsection (b) of that section) shall apply to any Enter10 prise Fund that receives funds and support under this sec11 tion. The officers, members, or employees of an Enterprise

12 Fund that receives funds and support under this section

13 shall enjoy the same status under law that is applicable

14 to officers, members, or employees of the Enterprise

15 Funds for Poland and Hungary under section 201 of the

16 Support for East European Democracy (SEED) Act of

17 1989 (22 U.S.C. 5421).

18 ‘‘(d) REPORTING REQUIREMENT.—Notwithstanding

19 any other provision of this section, the requirement of sec20 tion 201(p) of the Support for East European Democracy

21 (SEED) Act of 1989 (22 U.S.C. 5421(p)) that an Enter22 prise Fund shall be required to publish an annual report

23 not later than January 31 of each year shall not apply

24 with respect to an Enterprise Fund that receives funds

25 and support under this section for the first 12 months
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1 after it is designated as eligible to receive such funds and

2 support.

3 ‘‘(e) ENTERPRISE FUND RESTRICTIONS.—Prior to

4 the distribution of any assets resulting from any liquida5 tion, dissolution, or winding up of an Enterprise Fund,

6 in whole or in part, the President shall submit to the Com7 mittee on Foreign Relations of the Senate and the Com8 mittee on International Relations of the House of Rep9 resentatives a plan for the distribution of the assets of

10 the Enterprise Fund.

11 ‘‘(f) USE OF OTHER FOREIGN ASSISTANCE

12 FUNDS.—In addition to amounts otherwise available for

13 such purposes, amounts made available for a fiscal year

14 to carry out chapter 1 of part I of this Act (relating to

15 development assistance) and to carry out chapter 4 of part

16 II of this Act (relating to the economic support fund) shall

17 be available for such fiscal year to carry out this section.’’.

18 (b) CONFORMING AMENDMENT TO SEED ACT.—

19 Section 201(d)(2) of the Support for East European De20 mocracy (SEED) Act of 1989 (22 U.S.C. 5421(d)(2)) is

21 amended by striking ‘‘leadership of each House of Con22 gress’’ and inserting ‘‘Committee on Foreign Relations

23 and the Committee on Appropriations of the Senate and

24 the Committee on International Relations and the Com-
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1 mittee on Appropriations of the House of Representa2 tives’’.

3 Subtitle B—Protection of United

4 States Jobs and Exports

5 SEC. 111. PROHIBITION ON BILATERAL ASSISTANCE FOR

6 FOREIGN EXPORTS OF CERTAIN COMMOD7 ITIES.

8 Chapter 1 of part III of the Foreign Assistance Act

9 of 1961 (22 U.S.C. 2351 et seq.) is amended by adding

10 at the end the following new section:

11 ‘‘SEC. 620J. PROHIBITION ON BILATERAL ASSISTANCE FOR

12 FOREIGN EXPORTS OF CERTAIN COMMOD13 ITIES.

14 ‘‘(a) PROHIBITION RELATING TO SURPLUS COMMOD15 ITIES.—No assistance shall be furnished under this Act,

16 including title IV of chapter 2 of part I of this Act (relat17 ing to the Overseas Private Investment Corporation), to

18 finance any loan, any assistance, or any other financial

19 commitments for the purpose of establishing or expanding

20 production of any commodity for export by any country

21 other than the United States, if the commodity is likely

22 to be in surplus on world markets at the time the resulting

23 productive capacity is expected to become operative and

24 if the assistance will cause substantial injury to United
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1 States producers of the same, similar, or competing com2 modity.

3 ‘‘(b) PROHIBITION RELATING TO AGRICULTURAL

4 COMMODITIES.—No assistance shall be furnished under

5 chapter 1 of part I (relating to development assistance)

6 for any testing or breeding feasibility study, variety im7 provement or introduction, consultancy, publication, con8 ference, or training in connection with the growth or pro9 duction in a foreign country of an agricultural commodity

10 for export which would compete with a similar commodity

11 grown or produced in the United States, except that this

12 subsection shall not prohibit—

13 ‘‘(1) activities designed to increase food security

14 in developing countries where such activities will not

15 have a significant impact in the export of agricul16 tural commodities of the United States; or

17 ‘‘(2) research activities intended primarily to

18 benefit American producers.’’.

19 SEC. 112. OPPOSITION TO MULTILATERAL ASSISTANCE FOR

20 CERTAIN SURPLUS COMMODITIES.

21 Title XVIII of the International Financial Institu22 tions Act (22 U.S.C. 262s et seq.) is amended by adding

23 at the end the following new sections:
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1 ‘‘SEC. 1804. OPPOSITION TO ASSISTANCE BY INTER2 NATIONAL FINANCIAL INSTITUTIONS FOR

3 SURPLUS COMMODITIES.

4 ‘‘The Secretary of the Treasury shall instruct the

5 United States Executive Directors of the International

6 Bank for Reconstruction and Development, the Inter7 national Development Association, the International Fi8 nance Corporation, the Inter-American Development

9 Bank, the International Monetary Fund, the Asian Devel10 opment Bank, the Inter-American Investment Corpora11 tion, the North American Development Bank, the Euro12 pean Bank for Reconstruction and Development, the Afri13 can Development Bank, and the African Development

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

15 oppose any assistance by these institutions, using funds

16 appropriated pursuant to law, for the production or ex17 traction of any commodity or mineral for export, if it is

18 in surplus on world markets and if the assistance will

19 cause substantial injury to United States producers of the

20 same, similar, or competing commodity.’’.

21 SEC. 113. PROHIBITION ON ASSISTANCE FOR ACTIVITIES

22 LIKELY TO CAUSE A LOSS OF UNITED STATES

23 JOBS.

24 Chapter 1 of part III of the Foreign Assistance Act

25 of 1961 (22 U.S.C. 2351 et seq.), as amended by section
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1 111, is further amended by adding at the end the following

2 new section:

3 ‘‘SEC. 620K. PROHIBITION ON ASSISTANCE FOR ACTIVITIES

4 LIKELY TO CAUSE A LOSS OF UNITED STATES

5 JOBS.

6 ‘‘No assistance under this Act other than title IV of

7 chapter 2 of part I may be used to provide—

8 ‘‘(1) any financial incentive to a business enter9 prise currently located in the United States for the

10 purpose of inducing such an enterprise to relocate

11 outside the United States if such incentive or in12 ducement is likely to reduce the number of employ13 ees of such business enterprise in the United States

14 because United States production is being replaced

15 by such enterprise outside the United States;

16 ‘‘(2) assistance for the purpose of establishing

17 or developing in a foreign country any export proc18 essing zone or designated area in which the tax, tar19 iff, labor, environment, and safety laws of that coun20 try do not apply, in part or in whole, to activities

21 carried out within that zone or area, unless the

22 President determines and certifies that such assist23 ance is not likely to cause a loss of jobs within the

24 United States; or
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1 ‘‘(3) assistance for any project or activity that

2 contributes to the violation of internationally recog3 nized workers rights, as defined in section 502(a)(4)

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

5 country, including any designated zone or area in

6 that country, except that, in recognition that the ap7 plication of this paragraph should be commensurate

8 with the level of development of the recipient coun9 try and sector, the provisions of this paragraph shall

10 not preclude assistance for the informal sector in

11 such country, micro and small-scale enterprise, and

12 smallholder agriculture.’’.

13 SEC. 114. PURCHASE OF AMERICAN-MADE EQUIPMENT AND

14 PRODUCTS.

15 (a) UTILIZATION OF UNITED STATES RESOURCES.—

16 To the maximum extent possible, assistance provided

17 under this Act, the Foreign Assistance Act of 1961, or

18 the Arms Export Control Act should make full use of

19 United States resources, including commodities, products,

20 and services.

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that, to the greatest extent practicable, all agricul23 tural commodities, equipment, and products purchased

24 with funds made available under this Act, the Foreign As-
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1 sistance Act of 1961, or the Arms Export Control Act

2 should be American-made.

3 (c) NOTICE TO CONTRACTING ENTITIES.—In pro4 viding financial assistance to, or entering into any contract

5 with, any entity using funds made available under this

6 Act, the Foreign Assistance Act of 1961, or the Arms Ex7 port Control Act, the head of each Federal agency, to the

8 greatest extent practicable, shall provide to such entity a

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

10 the Congress.

11 Subtitle C—Trade Sanctions

12 Reform and Export Enhancement

13 SEC. 121. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Trade Sanctions

15 Reform and Export Enhancement Act of 2000’’.

16 SEC. 122. DEFINITIONS.

17 In this subtitle:

18 (1) AGRICULTURAL COMMODITY.—The term

19 ‘‘agricultural commodity’’ has the meaning given the

20 term in section 102 of the Agricultural Trade Act of

21 1978 (7 U.S.C. 5602).

22 (2) AGRICULTURAL PROGRAM.—The term ‘‘ag23 ricultural program’’ means—
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1 (A) any program administered under the

2 Agricultural Trade Development and Assistance

3 Act of 1954 (7 U.S.C. 1691 et seq.);

4 (B) any program administered under sec5 tion 416 of the Agricultural Act of 1949 (7

6 U.S.C. 1431);

7 (C) any program administered under the

8 Agricultural Trade Act of 1978 (7 U.S.C. 5601

9 et seq.);

10 (D) the dairy export incentive program ad11 ministered under section 153 of the Food Secu12 rity Act of 1985 (15 U.S.C. 713a–14);

13 (E) any commercial export sale of agricul14 tural commodities; or

15 (F) any export financing (including credits

16 or credit guarantees) provided by the United

17 States Government for agricultural commod18 ities.

19 (3) JOINT RESOLUTION.—The term ‘‘joint reso20 lution’’ means—

21 (A) in the case of section 123(a)(1), only

22 a joint resolution introduced within 10 session

23 days of Congress after the date on which the

24 report of the President under section 123(a)(1)

25 is received by Congress, the matter after the re-
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1 solving clause of which is as follows: ‘‘That

2 Congress approves the report of the President

3 pursuant to section 123(a)(1) of the Trade

4 Sanctions Reform and Export Enhancement

5 Act of 2000, transmitted on lllllll.’’,

6 with the blank completed with the appropriate

7 date; and

8 (B) in the case of section 126(1), only a

9 joint resolution introduced within 10 session

10 days of Congress after the date on which the

11 report of the President under section 126(2) is

12 received by Congress, the matter after the re13 solving clause of which is as follows: ‘‘That

14 Congress approves the report of the President

15 pursuant to section 126(1) of the Trade Sanc16 tions Reform and Export Enhancement Act of

17 2000, transmitted on lllllll.’’, with

18 the blank completed with the appropriate date.

19 (4) MEDICAL DEVICE.—The term ‘‘medical de20 vice’’ has the meaning given the term ‘‘device’’ in

21 section 201 of the Federal Food, Drug, and Cos22 metic Act (21 U.S.C. 321).

23 (5) MEDICINE.—The term ‘‘medicine’’ has the

24 meaning given the term ‘‘drug’’ in section 201 of the
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1 Federal Food, Drug, and Cosmetic Act (21 U.S.C.

2 321).

3 (6) UNILATERAL AGRICULTURAL SANCTION.—

4 The term ‘‘unilateral agricultural sanction’’ means

5 any prohibition, restriction, or condition on carrying

6 out an agricultural program with respect to a for7 eign country or foreign entity that is imposed by the

8 United States for reasons of foreign policy or na9 tional security, except in a case in which the United

10 States imposes the measure pursuant to a multilat11 eral regime and the other member countries of that

12 regime have agreed to impose substantially equiva13 lent measures.

14 (7) UNILATERAL MEDICAL SANCTION.—The

15 term ‘‘unilateral medical sanction’’ means any prohi16 bition, restriction, or condition on exports of, or the

17 provision of assistance consisting of, medicine or a

18 medical device with respect to a foreign country or

19 foreign entity that is imposed by the United States

20 for reasons of foreign policy or national security, ex21 cept in a case in which the United States imposes

22 the measure pursuant to a multilateral regime and

23 the other member countries of that regime have

24 agreed to impose substantially equivalent measures.
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1 SEC. 123. RESTRICTION.

2 (a) NEW SANCTIONS.—Except as provided in sections

3 124 and 125 and notwithstanding any other provision of

4 law, the President may not impose a unilateral agricul5 tural sanction or unilateral medical sanction against a for6 eign country or foreign entity, unless—

7 (1) not later than 60 days before the sanction

8 is proposed to be imposed, the President submits a

9 report to Congress that—

10 (A) describes the activity proposed to be

11 prohibited, restricted, or conditioned; and

12 (B) describes the actions by the foreign

13 country or foreign entity that justify the sanc14 tion; and

15 (2) there is enacted into law a joint resolution

16 stating the approval of Congress for the report sub17 mitted under paragraph (1).

18 (b) EXISTING SANCTIONS.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the President shall terminate any unilat21 eral agricultural sanction or unilateral medical sanc22 tion that is in effect as of the date of enactment of

23 this Act.

24 (2) EXEMPTIONS.—Paragraph (1) shall not

25 apply to a unilateral agricultural sanction or unilat26 eral medical sanction imposed—
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1 (A) with respect to any program adminis2 tered under section 416 of the Agricultural Act

3 of 1949 (7 U.S.C. 1431);

4 (B) with respect to the Export Credit

5 Guarantee Program (GSM–102) or the Inter6 mediate Export Credit Guarantee Program

7 (GSM–103) established under section 202 of

8 the Agricultural Trade Act of 1978 (7 U.S.C.

9 5622); or

10 (C) with respect to the dairy export incen11 tive program administered under section 153 of

12 the Food Security Act of 1985 (15 U.S.C.

13 713a–14).

14 SEC. 124. EXCEPTIONS.

15 Section 123 shall not affect any authority or require16 ment to impose (or continue to impose) a sanction referred

17 to in section 123—

18 (1) against a foreign country or foreign

19 entity—

20 (A) pursuant to a declaration of war

21 against the country or entity;

22 (B) pursuant to specific statutory author23 ization for the use of the Armed Forces of the

24 United States against the country or entity;
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1 (C) against which the Armed Forces of the

2 United States are involved in hostilities; or

3 (D) where imminent involvement by the

4 Armed Forces of the United States in hostilities

5 against the country or entity is clearly indicated

6 by the circumstances; or

7 (2) to the extent that the sanction would pro8 hibit, restrict, or condition the provision or use of

9 any agricultural commodity, medicine, or medical de10 vice that is—

11 (A) controlled on the United States Muni12 tions List established under section 38 of the

13 Arms Export Control Act (22 U.S.C. 2778);

14 (B) controlled on any control list estab15 lished under the Export Administration Act of

16 1979 or any successor statute (50 U.S.C. App.

17 2401 et seq.); or

18 (C) used to facilitate the development or

19 production of a chemical or biological weapon or

20 weapon of mass destruction.

21 SEC. 125. COUNTRIES SUPPORTING INTERNATIONAL TER22 RORISM.

23 Notwithstanding section 123 and except as provided

24 in section 127, the prohibitions in effect on or after the

25 date of the enactment of this Act under section 620A of
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1 the Foreign Assistance Act of 1961 (22 U.S.C. 2371) on

2 providing, to the government of any country supporting

3 international terrorism, United States Government assist4 ance, including United States foreign assistance, United

5 States export assistance, or any United States credits or

6 credit guarantees, shall remain in effect for such period

7 as the Secretary of State determines under such section

8 620A that the government of the country has repeatedly

9 provided support for acts of international terrorism.

10 SEC. 126. TERMINATION OF SANCTIONS.

11 Any unilateral agricultural sanction or unilateral

12 medical sanction that is imposed pursuant to the proce13 dures described in section 123(a) shall terminate not later

14 than 2 years after the date on which the sanction became

15 effective unless—

16 (1) not later than 60 days before the date of

17 termination of the sanction, the President submits to

18 Congress a report containing—

19 (A) the recommendation of the President

20 for the continuation of the sanction for an addi21 tional period of not to exceed 2 years; and

22 (B) the request of the President for ap23 proval by Congress of the recommendation; and
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1 (2) there is enacted into law a joint resolution

2 stating the approval of Congress for the report sub3 mitted under paragraph (1).

4 SEC. 127. STATE SPONSORS OF INTERNATIONAL TER5 RORISM.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of this subtitle, the export of agricultural commod8 ities, medicine, or medical devices to the government of

9 a country that has been determined by the Secretary of

10 State to have repeatedly provided support for acts of inter11 national terrorism under section 620A of the Foreign As12 sistance Act of 1961 (22 U.S.C. 2371) shall only be

13 made—

14 (1) pursuant to one-year licenses issued by the

15 United States Government for contracts entered into

16 during the one-year period and completed with the

17 12-month period beginning on the date of the sign18 ing of the contract, except that, in the case of the

19 export of items used for food and for food produc20 tion, such one-year licenses shall otherwise be no

21 more restrictive than general licenses; and

22 (2) without benefit of Federal financing, direct

23 export subsidies, Federal credit guarantees, or other

24 Federal promotion assistance programs.
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1 (b) QUARTERLY REPORTS.—The applicable depart2 ment or agency of the Federal Government shall submit

3 to the appropriate congressional committees on a quar4 terly basis a report on any activities undertaken under

5 subsection (a)(1) during the preceding calendar quarter.

6 (c) BIENNIAL REPORTS.—Not later than two years

7 after the date of enactment of this Act, and every two

8 years thereafter, the applicable department or agency of

9 the Federal Government shall submit a report to the ap10 propriate congressional committees on the operation of the

11 licensing system under this section for the preceding two12 year period, including—

13 (1) the number and types of licenses applied

14 for;

15 (2) the number and types of licenses approved;

16 (3) the average amount of time elapsed from

17 the date of filing of a license application until the

18 date of its approval;

19 (4) the extent to which the licensing procedures

20 were effectively implemented; and

21 (5) a description of comments received from in22 terested parties about the extent to which the licens23 ing procedures were effective, after the applicable

24 department or agency holds a public 30-day com25 ment period.
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1 SEC. 128. CONGRESSIONAL PRIORITY PROCEDURES.

2 (a) REFERRAL OF REPORT.—A report described in

3 section 123(a)(1) or 126(1) shall be referred to the appro4 priate committee or committees of the House of Rep5 resentatives and to the appropriate committee or commit6 tees of the Senate.

7 (b) REFERRAL OF JOINT RESOLUTION.—

8 (1) IN GENERAL.—A joint resolution introduced

9 in the Senate shall be referred to the Committee on

10 Foreign Relations, and a joint resolution introduced

11 in the House of Representatives shall be referred to

12 the Committee on International Relations.

13 (2) REPORTING DATE.—A joint resolution re14 ferred to in paragraph (1) may not be reported be15 fore the eighth session day of Congress after the in16 troduction of the joint resolution.

17 (c) DISCHARGE OF COMMITTEE.—If the committee

18 to which is referred a joint resolution has not reported

19 the joint resolution (or an identical joint resolution) at the

20 end of 30 session days of Congress after the date of intro21 duction of the joint resolution—

22 (1) the committee shall be discharged from fur23 ther consideration of the joint resolution; and

24 (2) the joint resolution shall be placed on the

25 appropriate calendar of the House concerned.

26 (d) FLOOR CONSIDERATION.—
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1 (1) MOTION TO PROCEED.—

2 (A) IN GENERAL.—When the committee to

3 which a joint resolution is referred has re4 ported, or when a committee is discharged

5 under subsection (c) from further consideration

6 of, a joint resolution—

7 (i) it shall be at any time thereafter in

8 order (even though a previous motion to

9 the same effect has been disagreed to) for

10 any member of the House concerned to

11 move to proceed to the consideration of the

12 joint resolution; and

13 (ii) all points of order against the

14 joint resolution (and against consideration

15 of the joint resolution) are waived.

16 (B) PRIVILEGE.—The motion to proceed to

17 the consideration of the joint resolution—

18 (i) shall be highly privileged in the

19 House of Representatives and privileged in

20 the Senate; and

21 (ii) not debatable.

22 (C) AMENDMENTS AND MOTIONS NOT IN

23 ORDER.—The motion to proceed to the consid24 eration of the joint resolution shall not be sub25 ject to—
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1 (i) amendment;

2 (ii) a motion to postpone; or

3 (iii) a motion to proceed to the consid4 eration of other business.

5 (D) MOTION TO RECONSIDER NOT IN

6 ORDER.—A motion to reconsider the vote by

7 which the motion is agreed to or disagreed to

8 shall not be in order.

9 (E) BUSINESS UNTIL DISPOSITION.—If a

10 motion to proceed to the consideration of the

11 joint resolution is agreed to, the joint resolution

12 shall remain the unfinished business of the

13 House concerned until disposed of.

14 (2) LIMITATIONS ON DEBATE.—

15 (A) IN GENERAL.—Debate on the joint

16 resolution, and on all debatable motions and ap17 peals in connection with the joint resolution,

18 shall be limited to not more than 10 hours,

19 which shall be divided equally between those fa20 voring and those opposing the joint resolution.

21 (B) FURTHER DEBATE LIMITATIONS.—A

22 motion to limit debate shall be in order and

23 shall not be debatable.

24 (C) AMENDMENTS AND MOTIONS NOT IN

25 ORDER.—An amendment to, a motion to post-
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1 pone, a motion to proceed to the consideration

2 of other business, a motion to recommit the

3 joint resolution, or a motion to reconsider the

4 vote by which the joint resolution is agreed to

5 or disagreed to shall not be in order.

6 (3) VOTE ON FINAL PASSAGE.—Immediately

7 following the conclusion of the debate on a joint res8 olution, and a single quorum call at the conclusion

9 of the debate if requested in accordance with the

10 rules of the House concerned, the vote on final pas11 sage of the joint resolution shall occur.

12 (4) RULINGS OF THE CHAIR ON PROCEDURE.—

13 An appeal from a decision of the Chair relating to

14 the application of the rules of the Senate or House

15 of Representatives, as the case may be, to the proce16 dure relating to a joint resolution shall be decided

17 without debate.

18 (e) COORDINATION WITH ACTION BY OTHER

19 HOUSE.—If, before the passage by 1 House of a joint res20 olution of that House, that House receives from the other

21 House a joint resolution, the following procedures shall

22 apply:

23 (1) NO COMMITTEE REFERRAL.—The joint res24 olution of the other House shall not be referred to

25 a committee.
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1 (2) FLOOR PROCEDURE.—With respect to a

2 joint resolution of the House receiving the joint

3 resolution—

4 (A) the procedure in that House shall be

5 the same as if no joint resolution had been re6 ceived from the other House; but

7 (B) the vote on final passage shall be on

8 the joint resolution of the other House.

9 (3) DISPOSITION OF JOINT RESOLUTIONS OF

10 RECEIVING HOUSE.—On disposition of the joint res11 olution received from the other House, it shall no

12 longer be in order to consider the joint resolution

13 originated in the receiving House.

14 (f) PROCEDURES AFTER ACTION BY BOTH THE

15 HOUSE AND SENATE.—If a House receives a joint resolu16 tion from the other House after the receiving House has

17 disposed of a joint resolution originated in that House,

18 the action of the receiving House with regard to the dis19 position of the joint resolution originated in that House

20 shall be deemed to be the action of the receiving House

21 with regard to the joint resolution originated in the other

22 House.

23 (g) RULEMAKING POWER.—This section is enacted

24 by Congress—
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1 (1) as an exercise of the rulemaking power of

2 the Senate and House of Representatives, respec3 tively, and as such this section—

4 (A) is deemed to be a part of the rules of

5 each House, respectively, but applicable only

6 with respect to the procedure to be followed in

7 that House in the case of a joint resolution; and

8 (B) supersedes other rules only to the ex9 tent that this paragraph is inconsistent with

10 those rules; and

11 (2) with full recognition of the constitutional

12 right of either House to change the rules (so far as

13 the rules relate to the procedure of that House) at

14 any time, in the same manner and to the same ex15 tent as in the case of any other rule of that House.

16 SEC. 129. EFFECTIVE DATE.

17 (a) IN GENERAL.—Except as provided in subsection

18 (b), this subtitle takes effect on the date of enactment of

19 this Act.

20 (b) EXISTING SANCTIONS.—In the case of any unilat21 eral agricultural sanction or unilateral medical sanction

22 that is in effect as of the date of enactment of this Act,

23 this subtitle takes effect 180 days after the date of enact24 ment of this Act.
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1 TITLE II—ECONOMIC

2 ASSISTANCE

3 Subtitle A—Assistance Authorities

4 SEC. 201. DEVELOPMENT ASSISTANCE POLICY.

5 Section 102(b) of the Foreign Assistance Act of 1961

6 (22 U.S.C. 2151–1(b)) is amended by adding the following

7 at the end thereof:

8 ‘‘(17) Economic reform and development of ef9 fective institutions of democratic governance are mu10 tually reinforcing. The successful transition of a de11 veloping country is dependent upon the quality of its

12 economic and governance institutions. Rule of law,

13 mechanisms of accountability and transparency, se14 curity of person, property, and investments, are but

15 a few of the critical governance and economic re16 forms that underpin the sustainability of broad17 based economic growth. Programs in support of such

18 reforms strengthen the capacity of people to hold

19 their governments accountable and to create eco20 nomic opportunity.’’.

21 SEC. 202. CONTINGENCIES.

22 Section 451(a)(1) of the Foreign Assistance Act of

23 1961 (22 U.S.C. 2261(a)(1)) is amended by striking

24 ‘‘25,000,000’’ and inserting ‘‘$50,000,000’’.
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1 SEC. 203. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE2 LATED ECONOMIC ASSISTANCE.

3 Section 482 of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2291a) is amended by adding at the end there5 of the following new subsection:

6 ‘‘(h) PROVISION OF NARCOTICS-RELATED ASSIST7 ANCE.—Narcotics-related assistance under this part

8 (other than this chapter) may be provided notwithstanding

9 any provision of law that restricts assistance to foreign

10 countries (other than section 490(e) or section 502B), if

11 at least 15 days before obligating funds for such assist12 ance, the President notifies the appropriate congressional

13 committees in accordance with the procedures applicable

14 to reprogramming notifications under section 634A.’’.

15 SEC. 204. WORKING CAPITAL FUND.

16 Section 635 of the Foreign Assistance Act of 1961

17 (22 U.S.C. 2395) is amended by adding at the end the

18 following new subsection:

19 ‘‘(l)(1) There is established a working capital fund

20 (in this subsection referred to as the ‘fund’) for the United

21 States Agency for International Development (in this sub22 section referred to as the ‘Agency’) which shall be avail23 able without fiscal year limitation for the expenses of per24 sonal and nonpersonal services, equipment, and supplies

25 for—
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1 ‘‘(A) international cooperative administrative

2 support services; and

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

4 Government credit cards.

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

6 ‘‘(A) the fair and reasonable value of such sup7 plies, equipment, and other assets pertaining to the

8 functions of the fund as the Administrator deter9 mines, and

10 ‘‘(B) any appropriations made available for the

11 purpose of providing capital,

12 minus related liabilities.

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

14 advance payments for services, equipment, or supplies pro15 vided from the fund from applicable appropriations and

16 funds of the Agency, other Federal agencies and other

17 sources authorized by section 607 at rates that will recover

18 total expenses of operation, including accrual of annual

19 leave and depreciation. Receipts from the disposal of, or

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

21 fund, rebates, reimbursements, refunds and other credits

22 applicable to the operation of the fund may be deposited

23 in the fund.

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

25 of the Agency shall transfer out of the fund to the mis-
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1 cellaneous receipts account of the Treasury of the United

2 States such amounts as the Administrator determines to

3 be in excess of the needs of the fund.

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

5 of supplies and equipment returned to the working capital

6 of the fund by a post, activity, or agency, and the proceeds

7 shall he credited to current applicable appropriations.’’.

8 SEC. 205. CERTIFICATIONS REGARDING ADHERENCE TO

9 POPULATION PLANNING ASSISTANCE LAWS.

10 Section 104 of the Foreign Assistance Act of 1961

11 (22 U.S.C. 2151b) is amended—

12 (1) by redesignating subsection (g) as sub13 section (h); and

14 (2) by inserting after subsection (f) the fol15 lowing new subsection (g):

16 ‘‘(g) TREATMENT OF VIOLATIONS OF UNITED

17 STATES POPULATION PLANNING ASSISTANCE LAWS.—

18 ‘‘(1) CERTIFICATION REQUIRED.—An organiza19 tion shall be eligible for population planning assist20 ance in a fiscal year if, prior to the initial disburse21 ment of such assistance in that fiscal year to the or22 ganization, the AID Administrator determines and

23 certifies to the appropriate congressional committees

24 that the organization—
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1 ‘‘(A) has not used population planning as2 sistance in violation of subsection (f) during the

3 preceding fiscal year; and

4 ‘‘(B) has adequate internal accounting con5 trols to prevent the use of population planning

6 assistance in violation of subsection (f).

7 ‘‘(2) SUSPENSION OF ELIGIBILITY FOR ASSIST8 ANCE UNDER THE ACT.—An organization that the

9 AID Administrator determines has used population

10 planning assistance in violation of subsection (f)

11 shall be ineligible to receive assistance of any kind

12 under this Act for a period of 10 years from the

13 date of the determination.

14 ‘‘(3) DEFINITIONS.—In this subsection:

15 ‘‘(A) AID ADMINISTRATOR.—The term

16 ‘AID Administrator’ means the Administrator

17 of the United States Agency for International

18 Development.

19 ‘‘(B) APPROPRIATE CONGRESSIONAL COM20 MITTEES.—The term ‘appropriate congressional

21 committees’ means the Committee on Foreign

22 Relations and the Committee on Appropriations

23 of the Senate and the Committee on Inter24 national Relations and the Committee on Ap25 propriations of the House of Representatives.
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1 ‘‘(C) ORGANIZATION.—The term ‘organiza2 tion’ means any organization providing popu3 lation planning assistance and includes any

4 grantee, subgrantee, contractor, or subcon5 tractor of an agency of the United States.

6 ‘‘(D) POPULATION PLANNING ASSIST7 ANCE.—The term ‘population planning assist8 ance’ means assistance under subsection (b).’’.

9 SEC. 206. FUNDING OF CERTAIN ENVIRONMENTAL ASSIST10 ANCE ACTIVITIES OF USAID.

11 (a) ALLOCATION OF FUNDS FOR CERTAIN ENVIRON12 MENTAL ACTIVITIES.—Of the amounts authorized to be

13 appropriated for the fiscal year 2001 to carry out chapter

14 1 of part I of the Foreign Assistance Act of 1961 (22

15 U.S.C. 2151 et seq.; relating to development assistance),

16 there is authorized to be available at least $60,200,000

17 to carry out activities of the type carried out by the Global

18 Environment Center of the United States Agency for

19 International Development during fiscal year 2000.

20 (b) ALLOCATION FOR WATER AND COASTAL RE21 SOURCES.—Of the amounts made available under sub22 section (a), at least $2,500,000 shall be available for water

23 and coastal resources activities under the natural re24 sources management function specified in that subsection.
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1 SEC. 207. FUNDING OF CERTAIN ASSISTANCE ACTIVITIES

2 IN EAST TIMOR.

3 Of the amounts authorized to be appropriated for the

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

5 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.;

6 relating to development assistance), there is authorized to

7 be available $25,000,000 for assistance to East Timor for

8 the purpose of—

9 (1) restoring and expanding of productive eco10 nomic activity and exports in the coffee sector;

11 (2) enabling indigenous civil society organiza12 tions to participate in relief and reconstruction ac13 tivities;

14 (3) supporting community-led reconstruction,

15 development, and employment projects;

16 (4) developing or reviving media outlets; and

17 (5) demobilizing and reintegrating the militia.

18 SEC. 208. AVAILABILITY OF ESF ASSISTANCE FOR CERTAIN

19 ASSISTANCE ACTIVITIES FOR THE HORN OF

20 AFRICA.

21 Section 6(h) of the Horn of Africa Recovery and

22 Food Security Act (Public Law 102–274) is amended—

23 (1) by striking ‘‘assistance) and’’ and inserting

24 ‘‘assistance),’’; and
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1 (2) by inserting ‘‘, and chapter 4 of part II (re2 lating to economic support fund assistance)’’ imme3 diately before ‘‘of the Foreign’’.

4 SEC. 209. ALLOCATION OF ASSISTANCE FOR SUB-SAHARAN

5 AFRICA.

6 (a) IN GENERAL.—The total amount of development

7 assistance made available for fiscal year 2001 for sub-Sa8 haran Africa shall bear the same proportion to the total

9 amount of development assistance made available for that

10 fiscal year as the total amount of development assistance

11 for sub-Saharan Africa made available for fiscal year 2000

12 bears to the total amount of development assistance made

13 available for fiscal year 2000.

14 (b) DEFINITION.—In this section, the term ‘‘develop15 ment assistance’’ means assistance provided under chapter

16 1, 10, or 11 of part I of the Foreign Assistance Act of

17 1961.

18 SEC. 210. NONMILITARY EDUCATION AND ANTI-CORRUP19 TION ASSISTANCE.

20 Section 638 of the Foreign Assistance Act of 1961

21 (22 U.S.C. 2398) is amended by adding at the end the

22 following subsection:

23 ‘‘(c) Notwithstanding any provision of law that re24 stricts assistance to a foreign country (other than section

25 490(e) or section 620A), funds made available to carry
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1 out the provisions of part I of this Act may be furnished

2 for assistance for nonmilitary education programs and for

3 anticorruption programs.’’.

4 Subtitle B—International Disaster

5 Assistance

6 SEC. 211. AUTHORITY TO PROVIDE RECONSTRUCTION AS7 SISTANCE.

8 Section 491 of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2292) is amended—

10 (1) in subsection (a), by striking ‘‘for the relief

11 and rehabilitation of people and countries affected

12 by such disasters’’ and inserting ‘‘for the relief, re13 habilitation, and reconstruction of countries affected

14 by such disasters, including the relief of people in

15 such countries’’;

16 (2) in subsection (b), by striking ‘‘and rehabili17 tation’’ and inserting ‘‘, rehabilitation, and recon18 struction’’; and

19 (3) in subsection (c), by striking ‘‘and rehabili20 tation’’ and inserting ‘‘, rehabilitation, and recon21 struction’’.
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1 SEC. 212. PROCESSING OF APPLICATIONS FOR TRANSPOR2 TATION OF HUMANITARIAN ASSISTANCE

3 ABROAD BY THE DEPARTMENT OF DEFENSE.

4 (a) PRIORITY FOR DISASTER RELIEF ASSISTANCE.—

5 In processing applications for the transportation of hu6 manitarian assistance abroad under section 402 of title

7 10, United States Code, the Administrator of the United

8 States Agency for International Development shall afford

9 a priority to applications for the transportation of disaster

10 relief assistance.

11 (b) MODIFICATION OF APPLICATIONS.—The Admin12 istrator of the United States Agency for International De13 velopment shall take all possible actions to assist appli14 cants for the transportation of humanitarian assistance

15 abroad under such section 402 in modifying or completing

16 applications submitted under such section in order to meet

17 applicable requirements under such section. The actions

18 shall include efforts to contact such applicants for pur19 poses of the modification or completion of such applica20 tions.

21 Subtitle C—Sudan Peace Act

22 SEC. 221. SHORT TITLE.

23 This subtitle may be cited as the ‘‘Sudan Peace Act’’.

24 SEC. 222. FINDINGS.

25 Congress makes the following findings:
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1 (1) With clear indications that the Government

2 of Sudan intends to intensify its prosecution of the

3 war against areas outside of its control, which has

4 already cost nearly 2,000,000 lives and has displaced

5 more than 4,000,000, a sustained and coordinated

6 international effort to pressure combatants to end

7 hostilities and to address the roots of the conflict of8 fers the best opportunity for a comprehensive solu9 tion to the continuing war in Sudan.

10 (2) A viable, comprehensive, and internationally

11 sponsored peace process, protected from manipula12 tion, presents the best chance for a permanent reso13 lution of the war, protection of human rights, and

14 a self-sustaining Sudan.

15 (3) Continued strengthening of humanitarian

16 relief operations in Sudan is an essential element in

17 the effort to bring an end to the war.

18 (4) Continued leadership by the United States

19 is critical.

20 (5) Regardless of the future political status of

21 the areas of Sudan outside of the control of the Gov22 ernment of Sudan, the absence of credible civil au23 thority and institutions is a major impediment to

24 achieving self-sustenance by the Sudanese people
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1 and to meaningful progress toward a viable peace

2 process.

3 (6) Through manipulation of traditional rival4 ries among peoples in areas outside their full con5 trol, the Government of Sudan has effectively used

6 divide and conquer techniques to subjugate their

7 population, and Congress finds that internationally

8 sponsored reconciliation efforts have played a critical

9 role in reducing the tactic’s effectiveness and human

10 suffering.

11 (7) The Government of Sudan is increasingly

12 utilizing and organizing militias, Popular Defense

13 Forces, and other irregular troops for raiding and

14 slaving parties in areas outside of the control of the

15 Government of Sudan in an effort to severely disrupt

16 the ability of those populations to sustain them17 selves. The tactic is in addition to the overt use of

18 bans on air transport relief flights in prosecuting the

19 war through selective starvation and to minimize the

20 Government of Sudan’s accountability internation21 ally.

22 (8) The Government of Sudan has repeatedly

23 stated that it intends to use the expected proceeds

24 from future oil sales to increase the tempo and
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1 lethality of the war against the areas outside its con2 trol.

3 (9) Through its power to veto plans for air

4 transport flights under the United Nations relief op5 eration, Operation Lifeline Sudan (OLS), the Gov6 ernment of Sudan has been able to manipulate the

7 receipt of food aid by the Sudanese people from the

8 United States and other donor countries as a dev9 astating weapon of war in the ongoing effort by the

10 Government of Sudan to subdue areas of Sudan out11 side of the Government’s control.

12 (10) The efforts of the United States and other

13 donors in delivering relief and assistance through

14 means outside OLS have played a critical role in ad15 dressing the deficiencies in OLS and offset the Gov16 ernment of Sudan’s manipulation of food donations

17 to advantage in the civil war in Sudan.

18 (11) While the immediate needs of selected

19 areas in Sudan facing starvation have been ad20 dressed in the near term, the population in areas of

21 Sudan outside of the control of the Government of

22 Sudan are still in danger of extreme disruption of

23 their ability to sustain themselves.

24 (12) The Nuba Mountains and many areas in

25 Bahr al Ghazal, Upper Nile, and Blue Nile regions
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1 have been excluded completely from relief distribu2 tion by OLS, consequently placing their populations

3 at increased risk of famine.

4 (13) At a cost which can exceed $1,000,000 per

5 day, and with a primary focus on providing only for

6 the immediate food needs of the recipients, the cur7 rent international relief operations are neither sus8 tainable nor desirable in the long term.

9 (14) The ability of populations to defend them10 selves against attack in areas outside the Govern11 ment of Sudan’s control has been severely com12 promised by the disengagement of the front-line

13 sponsor states, fostering the belief within officials of

14 the Government of Sudan that success on the battle15 field can be achieved.

16 (15) The United States should use all means of

17 pressure available to facilitate a comprehensive solu18 tion to the war, including—

19 (A) the multilateralization of sanctions

20 against the Government of Sudan with explicit

21 linkage of those sanctions to peace;

22 (B) the support or creation of viable demo23 cratic civil authority and institutions in areas of

24 Sudan outside government control;
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1 (C) continued active support of people-to2 people reconciliation mechanisms and efforts in

3 areas outside of government control;

4 (D) the strengthening of the mechanisms

5 to provide humanitarian relief to those areas;

6 (E) cooperation among the trading part7 ners of the United States and within multilat8 eral institutions toward those ends; and

9 (F) the use of any and all possible unilat10 eral and multilateral economic and diplomatic

11 tools to compel Ethiopia and Eritrea to end

12 their hostilities and again assume a constructive

13 stance toward facilitating a comprehensive solu14 tion to the ongoing war in Sudan.

15 SEC. 223. DEFINITIONS.

16 In this subtitle:

17 (1) GOVERNMENT OF SUDAN.—The term ‘‘Gov18 ernment of Sudan’’ means the National Islamic

19 Front government in Khartoum, Sudan.

20 (2) IGAD.—The term ‘‘IGAD’’ means the

21 Inter-Governmental Authority on Development.

22 (3) OLS.—The term ‘‘OLS’’ means the United

23 Nations relief operation carried out by UNICEF, the

24 World Food Program, and participating relief orga25 nizations known as ‘‘Operation Lifeline Sudan’’.
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1 SEC. 224. CONDEMNATION OF SLAVERY, OTHER HUMAN

2 RIGHTS ABUSES, AND NEW TACTICS BY THE

3 GOVERNMENT OF SUDAN.

4 Congress hereby—

5 (1) condemns—

6 (A) violations of human rights on all sides

7 of the conflict in Sudan;

8 (B) the Government of Sudan’s overall

9 human rights record, with regard to both the

10 prosecution of the war and the denial of basic

11 human and political rights to all Sudanese;

12 (C) the ongoing slave trade in Sudan and

13 the role of the Government of Sudan in abet14 ting and tolerating the practice; and

15 (D) the Government of Sudan’s increasing

16 use and organization of ‘‘murahalliin’’ or

17 ‘‘mujahadeen’’, Popular Defense Forces (PDF),

18 and regular Sudanese Army units into orga19 nized and coordinated raiding and slaving par20 ties in Bahr al Ghazal, the Nuba Mountains,

21 Upper Nile, and Blue Nile regions; and

22 (2) recognizes that, along with selective bans on

23 air transport relief flights by the Government of

24 Sudan, the use of raiding and slaving parties is a

25 tool for creating food shortages and is used as a sys26 tematic means to destroy the societies, culture, and
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1 economies of the Dinka, Nuer, and Nuba peoples in

2 a policy of low-intensity ethnic cleansing.

3 SEC. 225. SUPPORT FOR THE IGAD PEACE PROCESS.

4 (a) SENSE OF CONGRESS.—Congress hereby—

5 (1) declares its support for the efforts by execu6 tive branch officials of the United States and the

7 President’s Special Envoy for Sudan to lead in a re8 invigoration of the IGAD-sponsored peace process;

9 (2) calls on IGAD member states, the European

10 Union, the Organization of African Unity, Egypt,

11 and other key states to support the peace process;

12 and

13 (3) urges Kenya’s leadership in the implementa14 tion of the process.

15 (b) RELATION TO UNITED STATES DIPLOMACY.—It

16 is the sense of Congress that any such diplomatic efforts

17 toward resolution of the conflict in Sudan are best made

18 through a peace process based on the Declaration of Prin19 ciples reached in Nairobi, Kenya, on July 20, 1994, and

20 that the President should not create any process or diplo21 matic facility or office which could be viewed as a parallel

22 or competing diplomatic track.

23 (c) UNITED STATES DIPLOMATIC SUPPORT.—The

24 Secretary of State is authorized to utilize the personnel

25 of the Department of State for the support of—
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1 (1) the secretariat of IGAD;

2 (2) the ongoing negotiations between the Gov3 ernment of Sudan and opposition forces;

4 (3) any peace settlement planning to be carried

5 out by the National Democratic Alliance and IGAD

6 Partners’ Forum (IPF); and

7 (4) other United States diplomatic efforts sup8 porting a peace process in Sudan.

9 SEC. 226. INCREASED PRESSURE ON COMBATANTS.

10 It is the sense of Congress that the President, acting

11 through the United States Permanent Representative to

12 the United Nations, should—

13 (1) sponsor a resolution in the United Nations

14 Security Council to investigate the practice of slav15 ery in Sudan and provide recommendations on meas16 ures for its eventual elimination;

17 (2) sponsor a condemnation of the human

18 rights practices of the Government of Sudan at the

19 United Nations conference on human rights in Gene20 va in 2000;

21 (3) press for implementation of the rec22 ommendations of the United Nations Special

23 Rapporteur for Sudan with respect to human rights

24 monitors in areas of conflict in Sudan;
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1 (4) press for UNICEF, International Com2 mittee of the Red Cross, or the International Fed3 eration of Red Cross and Red Crescent Societies, or

4 other appropriate international organizations or

5 agencies to maintain a registry of those individuals

6 who have been abducted or are otherwise held in

7 bondage or servitude in Sudan;

8 (5) sponsor a condemnation of the Government

9 of Sudan each time it subjects civilian populations to

10 aerial bombardment; and

11 (6) sponsor a resolution in the United Nations

12 General Assembly condemning the human rights

13 practices of the Government of Sudan.

14 SEC. 227. REPORTING REQUIREMENT.

15 Beginning 3 months after the date of enactment of

16 this Act, and every 3 months thereafter, the President

17 shall submit a report to Congress on—

18 (1) the specific sources and current status of

19 Sudan’s financing and construction of oil exploi20 tation infrastructure and pipelines;

21 (2) the extent to which that financing was se22 cured in the United States or with involvement of

23 United States citizens;
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1 (3) such financing’s relation to the sanctions

2 described in subsection (a) and the Executive Order

3 of November 3, 1997;

4 (4) the extent of aerial bombardment by the

5 Government of Sudan forces in areas outside its con6 trol, including targets, frequency, and best estimates

7 of damage;

8 (5) the number, duration, and locations of air

9 strips or other humanitarian relief facilities to which

10 access is denied by any party to the conflict; and

11 (6) the status of the IGAD-sponsored peace

12 process and any other ongoing effort to end the con13 flict, including the specific and verifiable steps taken

14 by parties to the conflict, the members of the IGAD

15 Partners Forum, and the members of IGAD toward

16 a comprehensive solution to the war.

17 SEC. 228. REFORM OF OPERATION LIFELINE SUDAN (OLS).

18 It is the sense of Congress that the President should

19 organize and maintain a formal consultative process with

20 the European Union, its member states, the members of

21 the United Nations Security Council, and other relevant

22 parties on coordinating an effort within the United Na23 tions to revise the terms of OLS to end the veto power

24 of the Government of Sudan over the plans by OLS for

25 air transport relief flights.
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1 SEC. 229. CONTINUED USE OF NON-OLS ORGANIZATIONS

2 FOR RELIEF EFFORTS.

3 (a) FINDING.—Congress recognizes the progress

4 made by officials of the executive branch of Government

5 toward greater utilization of non-OLS agencies for more

6 effective distribution of United States relief contributions.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that the President should continue to increase the

9 use of non-OLS agencies in the distribution of relief sup10 plies in southern Sudan.

11 (c) REPORT.—Not later than 90 days after the date

12 of enactment of this Act, the President shall submit a de13 tailed report to Congress describing the progress made to14 ward carrying out subsection (b).

15 SEC. 230. CONTINGENCY PLAN FOR ANY BAN ON AIR

16 TRANSPORT RELIEF FLIGHTS.

17 (a) PLAN.—The President shall develop a detailed

18 and implementable contingency plan to provide, outside

19 United Nations auspices, the greatest possible amount of

20 United States Government and privately donated relief to

21 all affected areas in Sudan, including the Nuba Moun22 tains, Upper Nile, and Blue Nile, in the event the Govern23 ment of Sudan imposes a total, partial, or incremental ban

24 on OLS air transport relief flights.

25 (b) ELEMENT OF PLAN.—The plan developed under

26 subsection (a) shall include coordination of other donors
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1 in addition to the United States Government and private

2 institutions.

3 (c) REPORT.—Not later than 2 months after the date

4 of enactment of this Act, the President shall submit a clas5 sified report to Congress on the costs and startup time

6 such a plan would require in the event of a total ban on

7 air transport relief flights or in the event of a partial or

8 incremental ban on such flights.

9 (d) REPROGRAMMING AUTHORITY.—Notwith10 standing any other provision of law, in carrying out the

11 plan developed under subsection (a), the President may

12 reprogram up to 100 percent of the funds available for

13 support of OLS operations (but for this subsection) for

14 the purposes of the plan.

15 SEC. 231. NEW AUTHORITY FOR USAID’S SUDAN TRANSI16 TION ASSISTANCE FOR REHABILITATION

17 (STAR) PROGRAM.

18 (a) SENSE OF CONGRESS.—Congress hereby ex19 presses its support for the President’s ongoing efforts to

20 diversify and increase effectiveness of United States as21 sistance to populations in areas of Sudan outside of the

22 control of the Government of Sudan, especially the long23 term focus shown in the Sudan Transition Assistance for

24 Rehabilitation (STAR) program with its emphasis on pro25 moting future democratic governance, rule of law, building
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1 indigenous institutional capacity, promoting and enhanc2 ing self-reliance, and actively supporting people-to-people

3 reconciliation efforts.

4 (b) ALLOCATION OF FUNDS.—Of the amounts made

5 available to carry out chapter 1 of part I of the Foreign

6 Assistance Act of 1961 (22 U.S.C. 2151 et seq:, relating

7 to development assistance) for the period beginning on Oc8 tober 1, 2000, and ending on September 30, 2003,

9 $16,000,000 shall be available for development of a viable

10 civil authority, and civil and commercial institutions, in

11 Sudan, including the provision of technical assistance, and

12 for people-to-people reconciliation efforts.

13 (c) ADDITIONAL AUTHORITIES.—Notwithstanding

14 any other provision of law, the President is granted au15 thority to undertake any appropriate programs using Fed16 eral agencies, contractual arrangements, or direct support

17 of indigenous groups, agencies, or organizations in areas

18 outside of control of the Government of Sudan in an effort

19 to provide emergency relief, promote economic self-suffi20 ciency, build civil authority, provide education, enhance

21 rule of law and the development of judicial and legal

22 frameworks, support people-to-people reconciliation ef23 forts, or implementation of any programs in support of

24 any viable peace agreement at the local, regional, or na25 tional level.
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1 (d) IMPLEMENTATION.—It is the sense of Congress

2 that the President should immediately and to the fullest

3 extent possible utilize the Office of Transition Initiatives

4 at the Agency for International Development in an effort

5 to pursue the type of programs described in subsection

6 (c).

7 (e) SENSE OF CONGRESS.—It is the sense of Con8 gress that enhancing and supporting education and the

9 development of rule of law are critical elements in the

10 long-term success of United States efforts to promote a

11 viable economic, political, social, and legal basis for devel12 opment in Sudan. Congress recognizes that the gap of 13–

13 16 years without secondary educational opportunities in

14 southern Sudan is an especially important problem to ad15 dress with respect to rebuilding and sustaining leaders and

16 educators for the next generation of Sudanese. Congress

17 recognizes the unusually important role the secondary

18 school in Rumbek has played in producing the current

19 generation of leaders in southern Sudan, and that priority

20 should be given in current and future development or tran21 sition programs undertaken by the United States Govern22 ment to rebuilding and supporting the Rumbek Secondary

23 School.

24 (f) PROGRAMS IN AREAS OUTSIDE GOVERNMENT

25 CONTROL.—Congress also intends that such programs in-
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1 clude cooperation and work with indigenous groups in

2 areas outside of government control in all of Sudan, to

3 include northern, southern, and eastern regions of Sudan.

4 SEC. 232. ASSESSMENT AND PLANNING FOR NUBA MOUN5 TAINS AND OTHER AREAS SUBJECT TO BANS

6 ON AIR TRANSPORT RELIEF FLIGHTS.

7 (a) FINDING.—Congress recognizes that civilians in

8 the Nuba Mountains, Red Sea Hills, and Blue Nile regions

9 of Sudan are not receiving assistance through OLS due

10 to restrictions by the Government of Sudan.

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that the President should—

13 (1) conduct comprehensive assessment of the

14 humanitarian needs in the Nuba Mountains, Red

15 Sea Hills, and Blue Nile regions of Sudan;

16 (2) respond appropriately to those needs based

17 on such assessment; and

18 (3) report to Congress on an annual basis on

19 efforts made under paragraph (2).

20 SEC. 233. OPTIONS OR PLANS FOR NONLETHAL ASSIST21 ANCE FOR NATIONAL DEMOCRATIC ALLI22 ANCE PARTICIPANTS.

23 (a) REPORT.—Not later than 90 days after the date

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

25 the appropriate congressional committees a report, in clas-
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1 sified form if necessary, detailing possible options or plans

2 of the United States Government for the provision of non3 lethal assistance to participants of the National Demo4 cratic Alliance.

5 (b) CONSULTATIONS.—Not later than 30 days after

6 submission of the report required by subsection (a), the

7 President should begin formal consultations with the ap8 propriate congressional committees regarding the findings

9 of the report.

10 (c) DEFINITION.—In this section, the term ‘‘appro11 priate congressional committees’’ means the Committee on

12 Foreign Relations and the Committee on Appropriations

13 of the Senate and the Committee on International Rela14 tions and the Committee on Appropriations of the House

15 of Representatives.

16 Subtitle D—Assistance to Countries

17 With Large Populations Having

18 HIV/AIDS

19 SEC. 241. DEFINITIONS.

20 In this subtitle:

21 (1) AIDS.—The term ‘‘AIDS’’ means the ac22 quired immune deficiency syndrome.

23 (2) ASSOCIATION.—The term ‘‘Association’’

24 means the International Development Association.
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1 (3) BANK.—The term ‘‘Bank’’ or ‘‘World

2 Bank’’ means the International Bank for Recon3 struction and Development.

4 (4) HIV.—The term ‘‘HIV’’ means the human

5 immunodeficiency virus.

6 (5) HIV/AIDS.—The term ‘‘HIV/AIDS’’

7 means, with respect to an individual—

8 (A) an individual having HIV but not

9 AIDS; or

10 (B) an individual having HIV and AIDS.

11 SEC. 242. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) According to statistics of the World Bank,

15 more than 90 percent of all adults and children with

16 HIV/AIDS live in the developing world—62 percent

17 in sub-Saharan Africa, 24 percent in Asia, and 6.9

18 percent in Latin America and the Caribbean.

19 (2) According to UNAIDS, nearly 4,500,000

20 children under 15 years of age have been infected

21 with HIV since the AIDS epidemic began. More

22 than 3,000,000 have already died of AIDS. Children

23 are becoming infected at about the rate of 1 child

24 every minute, and the overwhelming majority of
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1 these children acquire the infection from their moth2 ers.

3 (3) The gap between rich and poor countries in

4 terms of transmission of HIV from mother to child

5 has been increasing. Moreover, AIDS threatens to

6 reverse years of steady progress of child survival in

7 developing countries. UNAIDS believes that by the

8 year 2010, AIDS may have increased mortality of

9 children under 5 years of age by more than 100 per10 cent in regions most affected by the virus.

11 (4) In Africa, the death toll from AIDS has

12 reached 13,000,000, while 23,000,000 others live

13 with the disease, and more than 10,000,000 children

14 have been infected or orphaned by it.

15 (5) The World Bank, declaring AIDS not just

16 a public health problem but the ‘‘foremost and fast17 est-growing threat to development’’ in Africa, has

18 launched a new strategy for HIV/AIDS in Africa,

19 declaring it a top priority for the World Bank on

20 that continent.

21 (6) AIDS, like all diseases, knows no bound22 aries, and there is no certitude that the scale of the

23 problem in one continent can be contained within

24 that region.
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1 (7) Accordingly, United States financial support

2 for medical research, education, and disease contain3 ment as a global strategy has beneficial ramifica4 tions for millions of Americans and their families

5 who are affected by this disease, and the entire pop6 ulation which is potentially susceptible.

7 (8) The discovery of a relatively simple and

8 cheap means of interrupting the transmission of

9 HIV from an infected mother to the unborn child—

10 namely with nevirapine (NVP), which costs US$4 a

11 tablet—has created a great opportunity for an un12 precedented partnership between the United States

13 Government and the governments of Asian, African

14 and Latin American countries to combat mother-to15 child transmission (also known as ‘‘vertical trans16 mission’’) of HIV.

17 (9) According to UNAIDS, this strategy will

18 decrease the proportion of orphans that are HIV-in19 fected and decrease infant and child mortality rates

20 in these developing regions.

21 (10) At current infection and growth rates for

22 HIV/AIDS, the National Intelligence Council esti23 mates that the number of AIDS orphans worldwide

24 will increase dramatically, potentially increasing

25 threefold or more in the next 10 years, contributing
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1 to economic decay, social fragmentation, and polit2 ical destabilization in already volatile and strained

3 societies. Children without care or hope are often

4 drawn into prostitution, crime, substance abuse, or

5 child soldiery.

6 (11) Donors must focus on adequate prepara7 tions for the explosion in the number of orphans and

8 the burden they will place on families, communities,

9 economies, and governments. Support structures and

10 incentives for families, communities, and institutions

11 which will provide care for children orphaned by

12 HIV/AIDS, or for the children who are themselves

13 infected by HIV/AIDS, will be essential.

14 (12) A mother-to-child antiretroviral drug strat15 egy can be a force for social change, providing the

16 opportunity and impetus needed to tackle often long17 standing problems of inadequate services and the

18 profound stigma associated with HIV-infection and

19 the AIDS disease. Strengthening the health infra20 structure to improve mother-and-child health,

21 antenatal, delivery and postnatal services, and cou22 ples counseling generates enormous spillover effects

23 toward combating the AIDS epidemic in developing

24 regions.
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1 (b) PURPOSES.—The purposes of this subtitle are

2 to—

3 (1) prevent human suffering; and

4 (2) ensure the viability of economic develop5 ment, stability, and national security in the devel6 oping world by advancing research to—

7 (A) understand the causes associated with

8 HIV/AIDS in developing countries; and

9 (B) assist in the development of an AIDS

10 vaccine.

11 SEC. 243. ADDITIONAL ASSISTANCE AUTHORITIES TO COM12 BAT HIV AND AIDS.

13 (a) ASSISTANCE FOR PREVENTION OF HIV/AIDS

14 AND VERTICAL TRANSMISSION.—Section 104(c) of the

15 Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is

16 amended by adding at the end the following new para17 graphs:

18 ‘‘(4)(A) Congress recognizes the growing inter19 national dilemma of children with the human immuno20 deficiency virus (HIV) and the merits of intervention pro21 grams aimed at this problem. Congress further recognizes

22 that mother-to-child transmission prevention strategies

23 can serve as a major force for change in developing re24 gions, and it is, therefore, a major objective of the foreign
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1 assistance program to control the acquired immune defi2 ciency syndrome (AIDS) epidemic.

3 ‘‘(B) The agency primarily responsible for admin4 istering this part shall—

5 ‘‘(i) coordinate with UNAIDS, UNICEF,

6 WHO, local governments, and other organizations to

7 develop and implement effective strategies to prevent

8 vertical transmission of HIV; and

9 ‘‘(ii) coordinate with those organizations to in10 crease in scale intervention programs and introduce

11 voluntary counseling and testing, antiretroviral

12 drugs, replacement feeding, and other strategies.

13 ‘‘(5)(A) Congress expects the agency primarily re14 sponsible for administering this part to make the human

15 immunodeficiency virus (HIV) and the acquired immune

16 deficiency syndrome (AIDS) a priority in the foreign as17 sistance program and to undertake a comprehensive, co18 ordinated effort to combat HIV and AIDS.

19 ‘‘(B) Assistance described in subparagraph (A) shall

20 include providing—

21 ‘‘(i) primary prevention and education;

22 ‘‘(ii) voluntary testing and counseling;

23 ‘‘(iii) medications to prevent the transmission of

24 HIV and AIDS from mother to child; and

25 ‘‘(iv) care for those living with HIV or AIDS.
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1 ‘‘(6)(A) In addition to amounts otherwise available

2 for such purpose, there is authorized to be appropriated

3 to the President $300,000,000 for fiscal year 2001 to

4 carry out paragraphs (4) and (5).

5 ‘‘(B) Of the funds authorized to be appropriated

6 under subparagraph (A), not less than 65 percent is au7 thorized to be available through United States and foreign

8 nongovernmental organizations, including private and vol9 untary organizations, for-profit organizations, religious af10 filiated organizations, educational institutions, and re11 search facilities.

12 ‘‘(C)(i) Of the funds authorized to be appropriated

13 by subparagraph (A), not less than 20 percent is author14 ized to be available for programs as part of a multidonor

15 strategy to address the support and education of orphans

16 in sub-Saharan Africa, including AIDS orphans.

17 ‘‘(ii) Assistance made available under this subpara18 graph may be made available notwithstanding any other

19 provision of law.

20 ‘‘(D) Of the funds authorized to be appropriated

21 under subparagraph (A), not less than 8.3 percent is au22 thorized to be available to carry out the prevention strate23 gies for vertical transmission referred to in paragraph

24 (4)(A).
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1 ‘‘(E) Of the funds authorized to be appropriated by

2 subparagraph (A), not more than 7 percent may be used

3 for the administrative expenses of the agency primarily re4 sponsible for carrying out this part of this Act in support

5 of activities described in paragraphs (4) and (5).

6 ‘‘(F) Funds appropriated under this paragraph are

7 authorized to remain available until expended.’’.

8 (b) TRAINING AND TRAINING FACILITIES IN SUB-SA9 HARAN AFRICA.—Section 496(i)(2) of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2293(i)(2)) is amended by

11 adding at the end the following new sentence: ‘‘In addi12 tion, providing training and training facilities, in sub-Sa13 haran Africa, for doctors and other health care providers,

14 notwithstanding any provision of law that restricts assist15 ance to foreign countries.’’.

16 SEC. 244. VOLUNTARY CONTRIBUTION TO GLOBAL ALLI17 ANCE FOR VACCINES AND IMMUNIZATIONS

18 AND INTERNATIONAL AIDS VACCINE INITIA19 TIVE.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

21 302 of the Foreign Assistance Act of 1961 (22 U.S.C.

22 2222) is amended by adding at the end the following new

23 subsections:

24 ‘‘(j) In addition to amounts otherwise available under

25 this section, there is authorized to be appropriated to the
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1 President $50,000,000 for fiscal year 2001 to be available

2 only for United States contributions to the Global Alliance

3 for Vaccines and Immunizations.

4 ‘‘(k) In addition to amounts otherwise available under

5 this section, there is authorized to be appropriated to the

6 President $10,000,000 for fiscal year 2001 to be available

7 only for United States contributions to the International

8 AIDS Vaccine Initiative.’’.

9 (b) REPORT.—At the close of fiscal year 2001, the

10 President shall submit a report to the appropriate con11 gressional committees on the effectiveness of the Global

12 Alliance for Vaccines and Immunizations and the Inter13 national AIDS Vaccine Initiative during that fiscal year

14 in meeting the goals of—

15 (1) improving access to sustainable immuniza16 tion services;

17 (2) expanding the use of all existing, safe, and

18 cost-effective vaccines where they address a public

19 health problem;

20 (3) accelerating the development and introduc21 tion of new vaccines and technologies;

22 (4) accelerating research and development ef23 forts for vaccines needed primarily in developing

24 countries; and
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1 (5) making immunization coverage a center2 piece in international development efforts.

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In subsection (b), the term ‘‘appropriate congres5 sional committees’’ means the Committee on Foreign Re6 lations of the Senate and the Committee on International

7 Relations of the House of Representatives.

8 SEC. 245. MULTILATERAL LIFESAVING VACCINE PURCHASE

9 FUND.

10 (a) NEGOTIATIONS.—The President should enter into

11 negotiations with officials of foreign governments and

12 other interested parties for the establishment of an inter13 national vaccine purchase fund that would—

14 (1) accept contributions from governments of

15 developed countries;

16 (2) use such contributions to purchase and dis17 tribute in developing countries vaccines for—

18 (A) malaria,

19 (B) tuberculosis,

20 (C) HIV, and

21 (D) any infectious disease (of a single eti22 ology) which causes the deaths of over

23 1,000,000 people worldwide each year; and

24 (3) be a significant market incentive for private

25 sector vaccine research.
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1 (b) REPORT.—Not later than 1 year after the date

2 of enactment of this Act, and annually thereafter, the

3 President shall submit a report to Congress on—

4 (1) the status of negotiations under subsection

5 (a); and

6 (2) if such fund is established, any rec7 ommendations for further action.

8 SEC. 246. WORLD BANK TRUST FUND FOR AIDS PREVEN9 TION AND ERADICATION.

10 (a) NEGOTIATIONS FOR THE CREATION OF A WORLD

11 BANK TRUST FUND TO ASSIST IN AIDS PREVENTION

12 AND ERADICATION.—The Secretary of the Treasury shall

13 enter into negotiations with the World Bank or the Asso14 ciation, with the member nations of such institutions, and

15 with other interested parties for the creation of a trust

16 fund, to be administered by the Bank or the Association,

17 as appropriate, which would—

18 (1) accept contributions from governments, the

19 private sector, and nongovernmental entities of all

20 kinds; and

21 (2) use such contributions to address the AIDS

22 epidemic in countries eligible to borrow from the As23 sociation.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi25 tion to any other funds authorized to be appropriated for
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1 multilateral or bilateral programs related to AIDS, there

2 is authorized to be appropriated to the President

3 $100,000,000 for fiscal year 2001 for payment to the

4 trust fund established as a result of the negotiations en5 tered into pursuant to subsection (a).

6 (c) REPORT TO CONGRESS.—Beginning 1 year after

7 the date of enactment of this Act, and annually thereafter,

8 the Secretary of the Treasury shall submit to the Commit9 tees on Banking and Financial Services and on Inter10 national Relations of the House of Representatives and

11 the Committees on Banking, Housing, and Urban Affairs

12 and on Foreign Relations of the Senate a written report

13 on the trust fund established pursuant to subsection (a),

14 the goals of the trust fund, the programs, projects, and

15 activities, including any vaccination approaches, supported

16 by the trust fund, and the effectiveness of such programs,

17 projects, and activities in reducing the worldwide spread

18 of AIDS.

19 SEC. 247. NEGOTIATIONS FOR THE CREATION OF A WORLD

20 BANK TRUST FUND FOR EDUCATION OF OR21 PHANS IN SUB-SAHARAN AFRICA.

22 (a) NEGOTIATIONS.—The Secretary of the Treasury

23 shall enter into negotiations with the World Bank or the

24 Association, with member nations of such institutions, and

25 with other interested parties, for the creation of a trust
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1 fund which could accept contributions from governments,

2 the private sector, and nongovernmental entities of all

3 kinds, and use such contributions to provide support for

4 or the establishment of programs which provide primary

5 and secondary education for orphans in sub-Saharan Afri6 ca.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi8 tion to funds otherwise available for the purposes of sub9 section (a), there is authorized to be appropriated to the

10 President $50,000,000 for the fiscal year 2001 for pay11 ment to the trust fund established as a result of the nego12 tiations entered into pursuant to subsection (a).

13 SEC. 248. COORDINATED DONOR STRATEGY FOR SUPPORT

14 AND EDUCATION OF ORPHANS IN SUB-SAHA15 RAN AFRICA.

16 Chapter 1 of part I of the Foreign Assistance Act

17 of 1961 (22 U.S.C. 2151 et seq.) is amended—

18 (1) by redesignating the second section 129 (as

19 added by section 4 of the Torture Victims Relief Act

20 of 1998 (Public Law 105–320)) as section 130; and

21 (2) by adding at the end the following new sec22 tion:
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1 ‘‘SEC. 131. COORDINATED DONOR STRATEGY FOR SUPPORT

2 AND EDUCATION OF ORPHANS IN SUB-SAHA3 RAN AFRICA.

4 ‘‘(a) STATEMENT OF POLICY.—It is in the national

5 interest of the United States to assist in mitigating the

6 burden that will be placed on sub-Saharan African social,

7 economic, and political institutions as these institutions

8 struggle with the consequences of a dramatically increas9 ing AIDS orphan population, many of whom are them10 selves infected by HIV/AIDS. Effectively addressing that

11 burden and its consequences in sub-Saharan Africa will

12 require a coordinated multidonor strategy.

13 ‘‘(b) DEVELOPMENT OF STRATEGY.—The President

14 shall coordinate the development of a multidonor strategy

15 to provide for the support and education of AIDS orphans

16 and the families, communities, and institutions most af17 fected by the HIV/AIDS epidemic in sub-Saharan Africa.

18 ‘‘(c) DEFINITION.—In this section, the term ‘HIV/

19 AIDS’ means, with respect to an individual, an individual

20 who is infected with—

21 ‘‘(1) the human immunodeficiency virus (HIV);

22 or

23 ‘‘(2) HIV and the acquired immune deficiency

24 virus (AIDS).’’.
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1 SEC. 249. AFRICAN CRISIS RESPONSE INITIATIVE AND HIV/

2 AIDS TRAINING.

3 (a) FINDINGS.—Congress finds that—

4 (1) the spread of AIDS constitutes a threat to

5 security in Africa;

6 (2) civil unrest and war may contribute to the

7 spread of the disease to different parts of the con8 tinent;

9 (3) the percentage of soldiers in African mili10 taries who are infected with HIV/AIDS is unknown,

11 but estimates range in some countries as high as 40

12 percent; and

13 (4) it is in the interests of the United States to

14 assist the countries of Africa in combating the

15 spread of HIV/AIDS.

16 (b) EDUCATION ON THE PREVENTION OF THE

17 SPREAD OF AIDS.—In undertaking education and train18 ing programs for military establishments of in African

19 countries, the United States shall ensure that classroom

20 training under the African Crisis Response Initiative in21 cludes military-based education on the prevention of the

22 spread of AIDS.
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1 Subtitle E—International

2 Tuberculosis Control

3 SEC. 251. SHORT TITLE.

4 This subtitle may be cited as the ‘‘International Tu5 berculosis Control Act of 2000’’.

6 SEC. 252. FINDINGS.

7 Congress makes the following findings:

8 (1) Since the development of antibiotics in the

9 1950s, tuberculosis has been largely controlled in the

10 United States and the Western World.

11 (2) Due to societal factors, including growing

12 urban decay, inadequate health care systems, per13 sistent poverty, overcrowding, and malnutrition, as

14 well as medical factors, including the HIV/AIDS epi15 demic and the emergence of multi-drug resistant

16 strains of tuberculosis, tuberculosis has again be17 come a leading and growing cause of adult deaths in

18 the developing world.

19 (3) According to the World Health

20 Organization—

21 (A) in 1998, about 1,860,000 people

22 worldwide died of tuberculosis-related illnesses;

23 (B) one-third of the world’s total popu24 lation is infected with tuberculosis; and
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1 (C) tuberculosis is the world’s leading kill2 er of women between 15 and 44 years old and

3 is a leading cause of children becoming or4 phans.

5 (4) Because of the ease of transmission of tu6 berculosis, its international persistence and growth

7 pose a direct public health threat to those nations

8 that had previously largely controlled the disease.

9 This is complicated in the United States by the

10 growth of the homeless population, the rate of incar11 ceration, international travel, immigration, and HIV/

12 AIDS.

13 (5) With nearly 40 percent of the tuberculosis

14 cases in the United States attributable to foreign15 born persons, tuberculosis will never be controlled in

16 the United States until it is controlled abroad.

17 (6) The means exist to control tuberculosis

18 through screening, diagnosis, treatment, patient

19 compliance, monitoring, and ongoing review of out20 comes.

21 (7) Efforts to control tuberculosis are com22 plicated by several barriers, including—

23 (A) the labor intensive and lengthy process

24 involved in screening, detecting, and treating

25 the disease;
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1 (B) a lack of funding, trained personnel,

2 and medicine in virtually every nation with a

3 high rate of the disease;

4 (C) the unique circumstances in each coun5 try, which requires the development and imple6 mentation of country-specific programs; and

7 (D) the risk of having a bad tuberculosis

8 program, which is worse than having no tuber9 culosis program because it would significantly

10 increase the risk of the development of more

11 widespread drug-resistant strains of the disease.

12 (8) Eliminating the barriers to the international

13 control of tuberculosis through a well-structured,

14 comprehensive, and coordinated worldwide effort

15 would be a significant step in dealing with the in16 creasing public health problem posed by the disease.

17 SEC. 253. ASSISTANCE FOR TUBERCULOSIS PREVENTION,

18 TREATMENT, CONTROL, AND ELIMINATION.

19 Section 104(c) of the Foreign Assistance Act of 1961

20 (22 U.S.C. 2151b(c)), as amended by section 243(a) of

21 this Act, is further amended by adding at the end the fol22 lowing:

23 ‘‘(7)(A) Congress recognizes the growing inter24 national problem of tuberculosis and the impact its contin25 ued existence has on those nations that had previously
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1 largely controlled the disease. Congress further recognizes

2 that the means exist to control and treat tuberculosis, and

3 that it is therefore a major objective of the foreign assist4 ance program to control the disease. To this end, Congress

5 expects the agency primarily responsible for administering

6 this part—

7 ‘‘(i) to coordinate with the World Health Orga8 nization, the Centers for Disease Control, the Na9 tional Institutes of Health, and other organizations

10 toward the development and implementation of a

11 comprehensive tuberculosis control program; and

12 ‘‘(ii) to set as a goal the detection of at least

13 70 percent of the cases of infectious tuberculosis,

14 and the cure of at least 85 percent of the cases de15 tected, in those countries in which the agency has

16 established development programs, by December 31,

17 2010.

18 ‘‘(B) There is authorized to be appropriated to the

19 President, $60,000,000 for fiscal year 2001 to be used to

20 carry out this paragraph. Funds appropriated under this

21 subparagraph are authorized to remain available until ex22 pended.’’.
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1 Subtitle F—Global Opportunities

2 For Biotechnology In Agriculture

3 SEC. 261. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Advancing the

5 Global Opportunities for Biotechnology in Agriculture Act

6 of 2000’’.

7 SEC. 262. FINDINGS.

8 Congress makes the following findings:

9 (1) Biotechnology in the agricultural sector

10 holds the prospect for substantial benefits to man11 kind in a number of critical areas.

12 (2) Enhanced crop yields resulting from the use

13 of agricultural biotechnology will help in feeding a

14 growing world population, especially in developing

15 countries.

16 (3) Healthier bio-engineered foods will assist in

17 combating diseases specific to the developing world

18 that arise from vitamin and other nutritional defi19 ciencies.

20 (4) Pest and disease resistant crops developed

21 through biotechnology will preserve and improve the

22 environment by reducing the need for herbicides and

23 pesticides.

24 (5) Greater agricultural yields will preserve the

25 environment by minimizing the need for additional
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1 farmland to feed and clothe the world’s growing pop2 ulation.

3 (6) Ensuring that these benefits, the underlying

4 scientific information, and the regulatory framework

5 for managing this technology are shared globally is

6 imperative and should be an integral part of United

7 States foreign assistance programs.

8 SEC. 263. INTERNATIONAL EDUCATIONAL PROGRAMS.

9 Of the funds appropriated to carry out sections 103

10 through 106, and chapter 10 of part I of the Foreign As11 sistance Act of 1961 for fiscal year 2001, $6,000,000 is

12 authorized to be appropriated to the President for pro13 grams and projects designed to educate government offi14 cials in developing countries regarding the use of bio15 technology in the agricultural sector and the regulatory

16 procedures used by the United States with respect to agri17 cultural products using biotechnology. The programs and

18 activities shall encourage acceptance by those countries of

19 products approved under the United States regulatory sys20 tem or, in the case of countries which choose to establish

21 a national regulatory system based on science, to encour22 age adoption of domestic approval processes based on ob23 jective scientific principles. The programs and activities

24 shall include the following:
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1 (1) TECHNICAL EXCHANGE PROGRAM FOR FOR2 EIGN OFFICIALS.—The President shall carry out a

3 technical exchange program that brings to the

4 United States appropriate foreign officials for the

5 purpose of educating them about the scientific proc6 ess underlying biotechnology and the regulatory ap7 proval system employed in the United States for bio8 technology products, and to seek answers to any

9 questions they or their citizens may have regarding

10 the safety of biotechnology, particularly in agricul11 tural products.

12 (2) TECHNICAL EXCHANGE PROGRAM FOR

13 UNITED STATES BIOTECHNOLOGY EXPERTS.—The

14 President shall carry out a technical exchange pro15 gram that sends United States experts in the field

16 of biotechnology in the agriculture sector to foreign

17 capitals to provide information on the scientific proc18 ess underlying biotechnology, the regulatory approval

19 system employed in the United States to approve ag20 ricultural products produced with biotechnology, and

21 to respond to any questions the officials in foreign

22 countries or their citizens may have regarding the

23 safety of biotechnology, particularly in the agri24 culture sector.
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1 SEC. 264. DEVELOPMENT OF EXPERTISE IN BIO2 TECHNOLOGY IN THE UNITED STATES AGEN3 CY FOR INTERNATIONAL DEVELOPMENT.

4 In order to carry out the programs and activities in

5 section 263, the President shall establish a group of ex6 perts within the United States Agency for International

7 Development to carry out these programs. To maximize

8 its effectiveness, this group should draw on the expertise,

9 as appropriate, of regulatory officials in the Environ10 mental Protection Agency, the Food and Drug Adminis11 tration, and the United States Department of Agriculture,

12 as well as appropriate officials from the Department of

13 State.

14 SEC. 265. COORDINATED FEDERAL STRATEGY.

15 (a) COORDINATION.—The President shall establish

16 an interagency process for all relevant executive branch

17 agencies, including the United States Department of Agri18 culture, the Office of the United States Trade Representa19 tive, the Department of State, the United States Agency

20 for International Development, the Department of Com21 merce, the Food and Drug Administration, and the Envi22 ronmental Protection Agency, to coordinate efforts and to

23 generate support for the acceptance of agricultural bio24 technology. United States policies must stress the promi25 nence of science as the foundation for regulatory decision26 making and work aggressively in international fora such
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1 as the World Trade Organization, the Organization for

2 Economic Cooperation and Development, the World

3 Health Organization, including its CODEX Alimentarius,

4 and the United Nations, to advocate for science-based de5 cision making.

6 (b) STANDARDS FOR FOOD AID.—The Agency for

7 International Development and the United States Depart8 ment of Agriculture should work to ensure that all food

9 and grain products that meet United States health and

10 safety requirements are acceptable to foreign countries

11 under relevant food aid programs.

12 SEC. 266. SENSE OF THE CONGRESS.

13 It is the sense of the Congress that the Secretary of

14 State should work with United States embassies abroad

15 to develop bilateral support from foreign governments for

16 the approval of science-based trading regimes in multilat17 eral forums and organizations.

18 SEC. 267. DEFINITION.

19 In the subtitle, the term ‘‘President’’ means the

20 President, acting through the United States Agency for

21 International Development.
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1 TITLE III—PEACE CORPS OF THE

2 UNITED STATES

3 SEC. 301. REDESIGNATION OF PEACE CORPS AS PEACE

4 CORPS OF THE UNITED STATES.

5 (a) AMENDMENTS TO PEACE CORPS ACT.—The

6 Peace Corps Act (22 U.S.C. 2501 et seq.) is amended—

7 (1) by striking in the heading of title I ‘‘THE

8 PEACE CORPS’’ and inserting ‘‘THE PEACE

9 CORPS OF THE UNITED STATES’’;

10 (2) by striking ‘‘PEACE CORPS’’ in the section

11 headings to sections 2A, 4, 5, 6, 7, and 12 each

12 place it appears and inserting ‘‘PEACE CORPS OF

13 THE UNITED STATES’’; and

14 (3) by striking ‘‘Peace Corps’’ each place it ap15 pears and inserting ‘‘Peace Corps of the United

16 States’’.

17 (b) CONFORMING AMENDMENTS.—(1) Section 5314

18 of title 5, United States Code, is amended by striking ‘‘Di19 rector of the Peace Corps’’ and inserting ‘‘Director of the

20 Peace Corps of the United States’’.

21 (2) Section 5315 of title 5, United States Code, is

22 amended by striking ‘‘Deputy Director of the Peace

23 Corps’’ and inserting ‘‘Deputy Director of the Peace Corps

24 of the United States’’.
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1 (3) Section 5316 of title 5, United States Code, is

2 amended—

3 (A) by striking ‘‘Associate Director for Volun4 teers, Peace Corps’’ and inserting ‘‘Associate Direc5 tor for Volunteers, Peace Corps of the United

6 States’’; and

7 (B) by striking ‘‘Associate Director for Pro8 gram Development and Operations, Peace Corps’’

9 and inserting ‘‘Associate Director for Program De10 velopment and Operations, Peace Corps of the

11 United States’’.

12 (c) OTHER REFERENCES.—Any reference in law

13 (other than the references amended in subsections (a) and

14 (b)) on the day before the date of enactment of this Act

15 to the Peace Corps shall be considered a reference on and

16 after such date to the Peace Corps of the United States.

17 TITLE IV—STRENGTHENING

18 ANTICORRUPTION MEASURES

19 AND ACCOUNTABILITY

20 SEC. 401. DEBT RELIEF UNDER THE HEAVILY INDEBTED

21 POOR COUNTRIES (HIPC) INITIATIVE.

22 (a) REPEAL OF LIMITATION ON AVAILABILITY OF

23 EARNINGS ON PROFITS OF NONPUBLIC GOLD SALES.—

24 Paragraph (1) of section 62 of the Bretton Woods Agree25 ments Act, as added by section 503(a) of H.R. 3425 of
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1 the 106th Congress (as enacted by section 1000(a)(5) of

2 Public Law 106–113 (113 Stat. 1536)), is amended—

3 (1) by adding ‘‘and’’ at the end of subpara4 graph (B); and

5 (2) by striking subparagraph (D).

6 (b) CONTRIBUTIONS TO HIPC TRUST FUND.—

7 (1) AUTHORIZATION OF APPROPRIATIONS FOR

8 CONTRIBUTIONS.—There is authorized to be appro9 priated for the period beginning October 1, 1999,

10 and ending September 30, 2003, $600,000,000 for

11 purposes of United States contributions to the Heav12 ily Indebted Poor Countries (HIPC) Trust Fund ad13 ministered by the Bank.

14 (2) AVAILABILITY OF AMOUNTS.—Amounts ap15 propriated pursuant to the authorization of appro16 priations in paragraph (1) shall remain available

17 until expended.

18 (c) CERTIFICATION REQUIRED.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), not later than 30 days after the date of

21 enactment of this Act, the Secretary shall certify to

22 the appropriate congressional committees that the

23 following requirements are satisfied:

24 (A) ACCESS TO CERTAIN INFORMATION

25 AND DOCUMENTS.—The Bank and the Fund
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1 have given the Comptroller General access to

2 information and documents of the Bank and

3 the Fund necessary in order for the Comp4 troller General to audit and monitor the oper5 ations of such institutions. The Secretary shall

6 consult with the Comptroller General prior to

7 making a certification under this subparagraph.

8 (B) IMPLEMENTATION BY THE BANK OF

9 CERTAIN POLICIES.—The Bank is

10 implementing—

11 (i) policies providing for the suspen12 sion of a loan if funds are being diverted

13 for purposes other than the purpose for

14 which the loan was intended;

15 (ii) policies seeking to prevent loans

16 from displacing private sector financing;

17 (iii) policies requiring that loans other

18 than project loans must be disbursed—

19 (I) on the basis of specific prior

20 reforms; or

21 (II) incrementally upon imple22 mentation of specific reforms after

23 initial disbursement;

24 (iv) policies seeking to minimize the

25 number of projects receiving financing that
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1 would displace a population involuntarily

2 or be to the detriment of the people or cul3 ture of the area into which the displaced

4 population is to be moved;

5 (v) policies vigorously promoting open

6 markets and liberalization of trade in

7 goods and services;

8 (vi) policies providing that financing

9 by the Bank concentrates chiefly on

10 projects and programs that promote eco11 nomic and social progress rather than

12 short-term liquidity financing; and

13 (vii) policies providing for the estab14 lishment of appropriate qualitative and

15 quantitative indicators to measure progress

16 toward graduation from receiving financing

17 on concessionary terms, including an esti18 mated timetable by which countries may

19 graduate over the next 15 years.

20 (C) IMPLEMENTATION BY THE FUND OF

21 CERTAIN POLICIES.—The Fund is

22 implementing—

23 (i) policies providing for the suspen24 sion of a financing if funds are being di-
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1 verted for purposes other than the purpose

2 for which the financing was intended;

3 (ii) policies seeking to ensure that fi4 nancing by the Fund normally serves as a

5 catalyst for private sector financing and

6 does not displace such financing;

7 (iii) policies requiring that financing

8 must be disbursed—

9 (I) on the basis of specific prior

10 reforms; or

11 (II) incrementally upon imple12 mentation of specific reforms after

13 initial disbursement;

14 (iv) policies vigorously promoting open

15 markets and liberalization of trade in

16 goods and services;

17 (v) policies providing that financing

18 by the Fund concentrates chiefly on short19 term balance of payments financing; and

20 (vi) policies providing for the use, in

21 conjunction with the Bank, of appropriate

22 qualitative and quantitative indicators to

23 measure progress toward graduation from

24 receiving financing on concessionary terms,

25 including an estimated timetable by which
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1 countries may graduate over the next 15

2 years.

3 (2) EXCEPTION.—In the event that the Sec4 retary cannot certify that the Comptroller General

5 has obtained the access described in paragraph

6 (1)(A) to information and documents, or that a pol7 icy described in paragraph (1)(B) or (1)(C) is being

8 implemented, the Secretary shall, not later than 30

9 days after the date of enactment of this Act, submit

10 a report to the appropriate congressional committees

11 on the progress, if any, made by the Bank and the

12 Fund in providing such access to the Comptroller

13 General, or in adopting and implementing such pol14 icy, as the case may be.

15 (3) SUBSEQUENT REPORTING ON DENIAL OF

16 ACCESS.—

17 (A) REPORT REQUIRED.—In the event that

18 the Comptroller General is denied the access de19 scribed in paragraph (1)(A) to information and

20 documents of the Bank or the Fund on or after

21 the date specified in subparagraph (B), the

22 Comptroller General shall submit a report to

23 the appropriate congressional committees and

24 the Secretary notifying the committees and the

25 Secretary of such fact.
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1 (B) DATE OF SUBMISSION OF REPORT.—

2 The date specified in this subparagraph is the

3 earlier of—

4 (i) the date a certification is made

5 under paragraph (1) or, if a certification

6 cannot be made, the date on which a re7 port is submitted under paragraph (2); or

8 (ii) the date that is 30 days after the

9 date of enactment of this Act.

10 SEC. 402. STRENGTHENING PROCEDURES FOR MONI11 TORING USE OF FUNDS BY MULTILATERAL

12 DEVELOPMENT BANKS.

13 (a) IN GENERAL.—The Secretary shall instruct the

14 United States Executive Director of each multilateral de15 velopment bank to exert the influence of the United States

16 to strengthen the bank’s procedures and management con17 trols intended to ensure that funds disbursed by the bank

18 to borrowing countries are used as intended and in a man19 ner that complies with the conditions of the bank’s loan

20 to that country.

21 (b) INFORMATION TO APPROPRIATE COMMITTEES.—

22 Upon the request of the chairman or ranking minority

23 member of an appropriate congressional committee, the

24 Secretary shall obtain from the bank and make available

25 to such committee, on a confidential basis if necessary,
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1 data existing at the time of the request concerning the

2 objectives described in subsection (a). In the event the

3 Secretary is unable to obtain such existing data within 30

4 days of such request, the Secretary shall submit, within

5 an additional period of 30 days, a report to the appro6 priate congressional committees setting forth the reasons

7 for the failure to obtain such data.

8 (c) PROGRESS EVALUATION.—Not later than 180

9 days after the date of enactment of this Act, the Secretary

10 shall submit to the appropriate congressional committees

11 a report evaluating the progress made toward achieving

12 the objectives of subsection (a), including a description

13 of—

14 (1) any progress made in improving the super15 vision, monitoring, and auditing of programs and

16 projects supported by each multilateral development

17 bank, in order to identify and reduce bribery and

18 corruption;

19 (2) any progress made in developing each multi20 lateral development bank’s priorities for allocating

21 anticorruption assistance;

22 (3) country-specific anticorruption programs

23 supported by each multilateral development bank;
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1 (4) actions taken to identify and discipline mul2 tilateral development bank employees suspected of

3 knowingly being involved in corrupt activities; and

4 (5) the outcome of efforts to harmonize pro5 curement practices across all multilateral develop6 ment banks.

7 SEC. 403. REPORTS ON POLICIES, OPERATIONS, AND MAN8 AGEMENT OF INTERNATIONAL FINANCIAL IN9 STITUTIONS.

10 (a) ANNUAL REPORT ON FINANCIAL OPERATIONS.—

11 Beginning 180 days after the date of enactment of this

12 Act, or October 31, 2000, whichever is later, and on Octo13 ber 31 of each year thereafter, the Comptroller General

14 shall submit to the appropriate congressional committees

15 a report on the sufficiency of audits of the financial oper16 ations of each multilateral development bank conducted by

17 persons or entities outside such bank.

18 (b) ANNUAL REPORT ON UNITED STATES SUP19 PORTED POLICIES.—Beginning 180 days after the date of

20 enactment of this Act, or October 31, 2000, whichever is

21 later, and on October 31 of each year thereafter, the Sec22 retary shall submit a report to the appropriate congres23 sional committees on—

24 (1) the actions taken by recipient countries, as

25 a result of the assistance allocated to them by the
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1 multilateral development banks under programs re2 ferred to in section 402(c)(1), to strengthen govern3 ance and reduce the opportunity for bribery and cor4 ruption; and

5 (2) how International Development Association6 financed projects contribute to the eventual gradua7 tion of a representative sample of countries from re8 liance on financing on concessionary terms and

9 international development assistance.

10 (c) AMENDMENT OF REPORT ON FUND.—Section

11 1705(a) of the International Financial Institutions Act

12 (22 U.S.C. 262r–4(a)) is amended—

13 (1) by inserting ‘‘(1)’’ before ‘‘the progress’’;

14 and

15 (2) by inserting before the period at the end the

16 following: ‘‘, and (2) the progress made by the Inter17 national Monetary Fund in adopting and imple18 menting the policies described in section

19 401(c)(1)(C) of the Technical Assistance, Trade

20 Promotion, and Anti-Corruption Act of 2000’’.

21 (d) REPORT ON DEBT RELIEF.—Not later than 90

22 days after the date of enactment of this Act, the Secretary

23 shall submit a report to the appropriate congressional

24 committees on the history of debt relief programs led by,
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1 or coordinated with, international financial institutions,

2 including but not limited to—

3 (1) the extent to which poor countries and the

4 poorest-of-the-poor benefit from debt relief, includ5 ing measurable evidence of any such benefits; and

6 (2) the extent to which debt relief contributes

7 to the graduation of a country from reliance on fi8 nancing on concessionary terms and international

9 development assistance.

10 (e) REPORT ON OPERATING EXPENSES.—Not later

11 than 180 days after the date of enactment of this Act,

12 the Comptroller General shall submit a report to the ap13 propriate congressional committees describing the salaries,

14 benefits, and operating expense account of each inter15 national financial institution for the preceding fiscal year.

16 SEC. 404. REPEAL OF BILATERAL FUNDING FOR INTER17 NATIONAL FINANCIAL INSTITUTIONS.

18 Section 209(d) of the Foreign Assistance Act of 1961

19 (22 U.S.C. 2169(d); relating to bilateral funding for inter20 national financial institutions) is repealed.

21 SEC. 405. DEFINITIONS.

22 In this title:

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means the Committee on Foreign Relations
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1 and the Committee on Appropriations of the Senate,

2 and the Committee on Banking and Financial Serv3 ices and the Committee on Appropriations of the

4 House of Representatives.

5 (2) BANK.—The term ‘‘Bank’’ means the Inter6 national Bank for Reconstruction and Development.

7 (3) COMPTROLLER GENERAL.—The term

8 ‘‘Comptroller General’’ means the Comptroller Gen9 eral of the United States.

10 (4) FUND.—The term ‘‘Fund’’ means the Inter11 national Monetary Fund.

12 (5) INTERNATIONAL FINANCIAL INSTITU13 TIONS.—The term ‘‘international financial institu14 tions’’ means the multilateral development banks

15 and the International Monetary Fund.

16 (6) MULTILATERAL DEVELOPMENT BANKS.—

17 The term ‘‘multilateral development banks’’ means

18 the International Bank for Reconstruction and De19 velopment, the International Development Associa20 tion, the International Finance Corporation, the

21 Inter-American Development Bank, the Asian Devel22 opment Bank, the Inter-American Investment Cor23 poration, the African Development Bank, the Afri24 can Development Fund, the European Bank for Re-
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1 construction and Development, and the Multilateral

2 Investment Guaranty Agency.

3 (7) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Treasury.

5 TITLE V—SERBIA

6 DEMOCRATIZATION ACT

7 SEC. 501. SHORT TITLE.

8 This title may be cited as the ‘‘Serbia Democratiza9 tion Act of 2000’’.

10 SEC. 502. DEFINITIONS.

11 In this title:

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means the Committee on Foreign Relations

15 of the Senate and the Committee on International

16 Relations of the House of Representatives.

17 (2) COMMERCIAL EXPORT.—The term ‘‘com18 mercial export’’ means the sale of an agricultural

19 commodity, medicine, or medical equipment by a

20 United States seller to a foreign buyer in exchange

21 for cash payment on market terms without benefit

22 of concessionary financing, export subsidies, govern23 ment or government-backed credits or other non24 market financing arrangements.
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1 (3) INTERNATIONAL CRIMINAL TRIBUNAL FOR

2 THE FORMER YUGOSLAVIA OR TRIBUNAL.—The term

3 ‘‘International Criminal Tribunal for the former

4 Yugoslavia’’ or the ‘‘Tribunal’’ means the Inter5 national Tribunal for the Prosecution of Persons Re6 sponsible for Serious Violations of International Hu7 manitarian Law Committed in the Territory of the

8 Former Yugoslavia Since 1991, as established by

9 United Nations Security Council Resolution 827 of

10 May 25, 1993.

11 (4) YUGOSLAVIA.—The term ‘‘Yugoslavia’’

12 means the so-called Federal Republic of Yugoslavia

13 (Serbia and Montenegro), and the term ‘‘Govern14 ment of Yugoslavia’’ means the central government

15 of Yugoslavia.

16 Subtitle A—Support for the

17 Democratic Opposition

18 SEC. 511. FINDINGS AND POLICY.

19 (a) FINDINGS.—Congress finds the following:

20 (1) The President of Yugoslavia, Slobodan

21 Milosevic, has consistently engaged in undemocratic

22 methods of governing.

23 (2) Yugoslavia has passed and implemented a

24 law strictly limiting freedom of the press and has
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1 acted to intimidate and prevent independent media

2 from operating inside Yugoslavia.

3 (3) Although the Yugoslav and Serbian con4 stitutions provide for the right of citizens to change

5 their government, citizens of Serbia in practice are

6 prevented from exercising that right by the Milosevic

7 regime’s domination of the mass media and manipu8 lation of the electoral process.

9 (4) The Yugoslav government has orchestrated

10 attacks on academics at institutes and universities

11 throughout the country in an effort to prevent the

12 dissemination of opinions that differ from official

13 state propaganda.

14 (5) The Yugoslav government hinders the for15 mation of nonviolent, democratic opposition through

16 restrictions on freedom of assembly and association.

17 (6) The Yugoslav government uses control and

18 intimidation to control the judiciary and manipulates

19 the country’s legal framework to suit the regime’s

20 immediate political interests.

21 (7) The Government of Serbia and the Govern22 ment of Yugoslavia, under the direction of President

23 Milosevic, have obstructed the efforts of the Govern24 ment of Montenegro to pursue democratic and free25 market policies.
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1 (8) At great risk, the Government of Monte2 negro has withstood efforts by President Milosevic to

3 interfere with its government and supported the

4 goals of the United States in the conflict in Kosovo.

5 (9) The people of Serbia who do not endorse

6 the undemocratic actions of the Milosevic govern7 ment should not be the target of criticism that is

8 rightly directed at the Milosevic regime.

9 (b) POLICY.—

10 (1) It is the policy of the United States to en11 courage the development of a government in Yugo12 slavia based on democratic principles and the rule of

13 law and that respects internationally recognized

14 human rights.

15 (2) It is the sense of Congress that—

16 (A) the United States should actively sup17 port the democratic opposition in Yugoslavia,

18 including political parties and independent

19 trade unions, to develop a legitimate and viable

20 alternative to the Milosevic regime;

21 (B) all United States Government officials,

22 including individuals from the private sector

23 acting on behalf of the United States Govern24 ment, should meet regularly with representa25 tives of democratic opposition organizations of
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1 Yugoslavia and minimize to the extent prac2 ticable any direct contacts with government of3 ficials from Yugoslavia, particularly President

4 Slobodan Milosevic, who perpetuate the non5 democratic regime in Yugoslavia; and

6 (C) the United States should emphasize to

7 all political leaders in Yugoslavia the impor8 tance of respecting internationally recognized

9 human rights for all individuals residing in

10 Yugoslavia.

11 SEC. 512. ASSISTANCE TO PROMOTE DEMOCRACY AND

12 CIVIL SOCIETY IN YUGOSLAVIA.

13 (a) ASSISTANCE.—

14 (1) PURPOSE OF ASSISTANCE.—The purpose of

15 assistance under this subsection is to promote and

16 strengthen institutions of democratic government

17 and the growth of an independent civil society in

18 Yugoslavia, including ethnic tolerance and respect

19 for internationally recognized human rights.

20 (2) AUTHORIZATION FOR ASSISTANCE.—To

21 carry out the purpose of paragraph (1), the Presi22 dent is authorized to furnish assistance and other

23 support for the activities described in paragraph (3).
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1 (3) ACTIVITIES SUPPORTED.—Activities that

2 may be supported by assistance under paragraph (2)

3 include the following:

4 (A) Democracy building.

5 (B) The development of nongovernmental

6 organizations.

7 (C) The development of independent media

8 working within Serbia if possible, but, if that is

9 not feasible, from locations in neighboring coun10 tries.

11 (D) The development of the rule of law, to

12 include a strong, independent judiciary, the im13 partial administration of justice, and trans14 parency in political practices.

15 (E) International exchanges and advanced

16 professional training programs in skill areas

17 central to the development of civil society and

18 a market economy.

19 (F) The development of all elements of the

20 democratic process, including political parties

21 and the ability to administer free and fair elec22 tions.

23 (G) The development of local governance.

24 (H) The development of a free-market

25 economy.
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1 (4) AUTHORIZATION OF APPROPRIATIONS.—

2 (A) IN GENERAL.—There is authorized to

3 be appropriated to the President $50,000,000

4 for the period beginning October 1, 2000, and

5 ending September 30, 2001, to carry out this

6 subsection.

7 (B) AVAILABILITY OF FUNDS.—Amounts

8 appropriated pursuant to subparagraph (A) are

9 authorized to remain available until expended.

10 (b) PROHIBITION ON ASSISTANCE TO GOVERNMENT

11 OF YUGOSLAVIA OR OF SERBIA.—In carrying out sub12 section (a), the President should take all necessary steps

13 to ensure that no funds or other assistance is provided

14 to the Government of Yugoslavia or to the Government

15 of Serbia, except for purposes permitted under this sub16 title.

17 (c) ASSISTANCE TO GOVERNMENT OF MONTE18 NEGRO.—In carrying out subsection (a), the President

19 may provide assistance to the Government of Montenegro,

20 unless the President determines, and so reports to the ap21 propriate congressional committees, that the leadership of

22 the Government of Montenegro is not committed to, or

23 is not taking steps to promote, democratic principles, the

24 rule of law, or respect for internationally recognized

25 human rights.
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1 SEC. 513. AUTHORITY FOR RADIO AND TELEVISION BROAD2 CASTING.

3 (a) IN GENERAL.—The Broadcasting Board of Gov4 ernors shall further the open communication of informa5 tion and ideas through the increased use of radio and tele6 vision broadcasting to Yugoslavia in both the Serbo-Cro7 atian and Albanian languages.

8 (b) IMPLEMENTATION.—Radio and television broad9 casting under subsection (a) shall be carried out by the

10 Voice of America and, in addition, radio broadcasting

11 under that subsection shall be carried out by RFE/RL,

12 Incorporated. Subsection (a) shall be carried out in ac13 cordance with all the respective Voice of America and

14 RFE/RL, Incorporated, standards to ensure that radio

15 and television broadcasting to Yugoslavia serves as a con16 sistently reliable and authoritative source of accurate, ob17 jective, and comprehensive news.

18 (c) STATUTORY CONSTRUCTION.—The implementa19 tion of subsection (a) may not be construed as a replace20 ment for the strengthening of indigenous independent

21 media called for in section 512(a)(3)(C). To the maximum

22 extent practicable, the two efforts (strengthening inde23 pendent media and increasing broadcasts into Serbia)

24 shall be carried out in such a way that they mutually sup25 port each other.
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1 Subtitle B—Assistance to the

2 Victims of Serbian Oppression

3 SEC. 521. FINDINGS.

4 The Congress finds the following:

5 (1) Beginning in February 1998 and ending in

6 June 1999, the armed forces of Yugoslavia and the

7 Serbian Interior Ministry police force engaged in a

8 brutal crackdown against the ethnic Albanian popu9 lation in Kosovo.

10 (2) As a result of the attack by Yugoslav and

11 Serbian forces against the Albanian population of

12 Kosovo, more than 10,000 individuals were killed

13 and 1,500,000 individuals were displaced from their

14 homes.

15 (3) The majority of the individuals displaced by

16 the conflict in Kosovo was left homeless or was

17 forced to find temporary shelter in Kosovo or outside

18 the country.

19 (4) The activities of the Yugoslav armed forces

20 and the police force of the Serbian Interior Ministry

21 resulted in the widespread destruction of agricultural

22 crops, livestock, and property, as well as the poi23 soning of wells and water supplies, and the looting

24 of humanitarian goods provided by the international

25 community.
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1 SEC. 522. SENSE OF CONGRESS.

2 It is the sense of Congress that—

3 (1) the Government of Yugoslavia and the Gov4 ernment of Serbia bear responsibility to the victims

5 of the conflict in Kosovo, including refugees and in6 ternally displaced persons, and for property damage

7 in Kosovo;

8 (2) under the direction of President Milosevic,

9 neither the Government of Yugoslavia nor the Gov10 ernment of Serbia provided the resources to assist

11 innocent, civilian victims of oppression in Kosovo;

12 and

13 (3) because neither the Government of Yugo14 slavia nor the Government of Serbia fulfilled the re15 sponsibilities of a sovereign government toward the

16 people in Kosovo, the international community offers

17 the only recourse for humanitarian assistance to vic18 tims of oppression in Kosovo.

19 SEC. 523. ASSISTANCE.

20 (a) AUTHORITY.—The President is authorized to fur21 nish assistance under section 491 of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2292) and the Migration and

23 Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.),

24 as appropriate, for—

25 (1) relief, rehabilitation, and reconstruction in

26 Kosovo; and
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1 (2) refugees and persons displaced by the con2 flict in Kosovo.

3 (b) PROHIBITION.—No assistance may be provided

4 under this section to any group that has been designated

5 as a terrorist organization under section 219 of the Immi6 gration and Nationality Act (8 U.S.C. 1189).

7 (c) USE OF ECONOMIC SUPPORT FUNDS.—Any funds

8 that have been allocated under chapter 4 of part II of the

9 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.)

10 for assistance described in subsection (a) may be used in

11 accordance with the authority of that subsection.

12 Subtitle C—‘‘Outer Wall’’ Sanctions

13 SEC. 531. ‘‘OUTER WALL’’ SANCTIONS.

14 (a) APPLICATION OF MEASURES.—The sanctions de15 scribed in subsections (c) through (g) shall apply with re16 spect to Yugoslavia until the President determines and

17 certifies to the appropriate congressional committees that

18 the Government of Yugoslavia has made significant

19 progress in meeting the conditions described in subsection

20 (b).

21 (b) CONDITIONS.—The conditions referred to in sub22 section (a) are the following:

23 (1) Agreement on a lasting settlement in

24 Kosovo.
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1 (2) Compliance with the General Framework

2 Agreement for Peace in Bosnia and Herzegovina.

3 (3) Implementation of internal democratic re4 form.

5 (4) Settlement of all succession issues with the

6 other republics that emerged from the break-up of

7 the Socialist Federal Republic of Yugoslavia.

8 (5) Cooperation with the International Criminal

9 Tribunal for the former Yugoslavia, including the

10 transfer to The Hague of all individuals in Yugo11 slavia indicted by the Tribunal.

12 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—

13 The Secretary of the Treasury shall instruct the United

14 States executive directors of the international financial in15 stitutions to oppose, and vote against, any extension by

16 those institutions of any financial assistance (including

17 any technical assistance or grant) of any kind to the Gov18 ernment of Yugoslavia.

19 (d) ORGANIZATION FOR SECURITY AND COOPERA20 TION IN EUROPE.—The Secretary of State should instruct

21 the United States Ambassador to the Organization for Se22 curity and Cooperation in Europe (OSCE) to oppose and

23 block any consensus to allow the participation of Yugo24 slavia in the OSCE or any organization affiliated with the

25 OSCE.
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1 (e) UNITED NATIONS.—The Secretary of State

2 should instruct the United States Permanent Representa3 tive to the United Nations—

4 (1) to oppose and vote against any resolution in

5 the United Nations Security Council to admit Yugo6 slavia to the United Nations or any organization af7 filiated with the United Nations; and

8 (2) to actively oppose and, if necessary, veto

9 any proposal to allow Yugoslavia to assume the

10 membership of the former Socialist Federal Republic

11 of Yugoslavia in the United Nations General Assem12 bly or any other organization affiliated with the

13 United Nations.

14 (f) NATO.—The Secretary of State should instruct

15 the United States Permanent Representative to the North

16 Atlantic Council to oppose and vote against the extension

17 to Yugoslavia of membership or participation in the Part18 nership for Peace program or any other organization affili19 ated with NATO.

20 (g) SOUTHEAST EUROPEAN COOPERATION INITIA21 TIVE.—The Secretary of State should instruct the United

22 States Representatives to the Southeast European Co23 operation Initiative (SECI) to actively oppose the partici24 pation of Yugoslavia in SECI.
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1 (h) SENSE OF CONGRESS.—It is the sense of Con2 gress that—

3 (1) the President should not restore full diplo4 matic relations with Yugoslavia until the President

5 has determined and so reported to the appropriate

6 congressional committees that the Government of

7 Yugoslavia has met the conditions described in sub8 section (b); and

9 (2) the President should encourage all other

10 European countries to diminish their level of diplo11 matic relations with Yugoslavia.

12 (i) INTERNATIONAL FINANCIAL INSTITUTION DE13 FINED.—In this section, the term ‘‘international financial

14 institution’’ includes the International Monetary Fund,

15 the International Bank for Reconstruction and Develop16 ment, the International Development Association, the

17 International Finance Corporation, the Multilateral In18 vestment Guaranty Agency, and the European Bank for

19 Reconstruction and Development.

20 SEC. 532. INTERNATIONAL FINANCIAL INSTITUTIONS NOT

21 IN COMPLIANCE WITH ‘‘OUTER WALL’’ SANC22 TIONS.

23 It is the sense of Congress that, if any international

24 financial institution (as defined in section 531(i)) approves

25 a loan or other financial assistance to the Government of
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1 Yugoslavia over the opposition of the United States, then

2 the Secretary of the Treasury should withhold from pay3 ment of the United States share of any increase in the

4 paid-in capital of such institution an amount equal to the

5 amount of the loan or other assistance.

6 Subtitle D—Other Measures

7 Against Yugoslavia

8 SEC. 541. BLOCKING ASSETS IN THE UNITED STATES.

9 (a) BLOCKING OF ASSETS.—All property and inter10 ests in property, including all commercial, industrial, or

11 public utility undertakings or entities, of or in the name

12 of the Government of Serbia or the Government of Yugo13 slavia that are in the United States, that hereafter come

14 within the United States, or that are or hereafter come

15 within the possession or control of United States persons,

16 including their overseas branches, are hereby blocked.

17 (b) EXERCISE OF AUTHORITIES.—The Secretary of

18 the Treasury, in consultation with the Secretary of State,

19 shall take such actions, including the promulgation of reg20 ulations, orders, directives, rulings, instructions, and li21 censes, and employ all powers granted to the President

22 by the International Emergency Economic Powers Act, as

23 may be necessary to carry out the purposes of this subtitle,

24 including, but not limited to taking such steps as may be

25 necessary to continue in effect the measures contained in
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1 Executive Order No. 13088 of June 9, 1998, and Execu2 tive Order No. 13121 of April 30, 1999, and any rule,

3 regulation, license, or order issued thereunder.

4 (c) PROHIBITED TRANSFERS.—Transfers prohibited

5 under subsection (a) shall include payments or transfers

6 of any property or any transactions involving the transfer

7 of anything of economic value by any United States person

8 to the Government of Serbia, the Government of Yugo9 slavia, or any person or entity acting for or on behalf of,

10 or owned or controlled, directly or indirectly, by any of

11 those governments, persons, or entities.

12 (d) PAYMENT OF EXPENSES.—All expenses incident

13 to the blocking and maintenance of property blocked under

14 subsection (a) shall be charged to the owners or operators

15 of such property, which expenses shall not be met from

16 blocked funds.

17 (e) PROHIBITIONS.—The following shall be prohib18 ited as of the date of enactment of this subtitle:

19 (1) Any transaction within the United States or

20 by a United States person relating to any vessel in

21 which a majority or controlling interest is held by a

22 person or entity in, or operating from, Serbia re23 gardless of the flag under which the vessel sails.

24 (2) The exportation to Serbia or to any entity

25 operated from Serbia or owned and controlled by the
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1 Government of Serbia or the Government of Yugo2 slavia, directly or indirectly, of any goods, software

3 technology, or services, either—

4 (A) from the United States;

5 (B) requiring the issuance of a license by

6 a Federal agency;

7 (C) involving the use of United States reg8 istered vessels or aircraft; or

9 (D) any activity that promotes or is in10 tended to promote such exportation.

11 (3) Any dealing by a United States person in—

12 (A) property exported from Serbia;

13 (B) property intended for exportation from

14 Serbia to any country or exportation to Serbia

15 from any country; or

16 (C) any activity of any kind that promotes

17 or is intended to promote such dealing.

18 (4) The performance by any United States per19 son of any contract, including a financing contract,

20 in support of an industrial, commercial, public util21 ity, or governmental project in Serbia.

22 (f) EXCEPTIONS.—Nothing in this section shall apply

23 to—

24 (1) assistance provided under section 512 or

25 section 523 of this subtitle; or
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1 (2) those materials described in section

2 203(b)(3) of the International Emergency Economic

3 Powers Act relating to informational materials.

4 SEC. 542. SUSPENSION OF ENTRY INTO THE UNITED

5 STATES.

6 (a) PROHIBITION.—The President shall use his au7 thority under section 212(f) of the Immigration and Na8 tionality Act (8 U.S.C. 1182(f)) to suspend the entry into

9 the United States of any alien who—

10 (1) holds a position in the senior leadership of

11 the Government of Yugoslavia or the Government of

12 Serbia; or

13 (2) is a spouse, minor child, or agent of a per14 son inadmissible under paragraph (1).

15 (b) SENIOR LEADERSHIP DEFINED.—In subsection

16 (a)(1), the term ‘‘senior leadership’’—

17 (1) includes—

18 (A) the President, Prime Minister, Deputy

19 Prime Ministers, and government ministers of

20 Yugoslavia;

21 (B) the Governor of the National Bank of

22 Yugoslavia; and

23 (C) the President, Prime Minister, Deputy

24 Prime Ministers, and government ministers of

25 the Republic of Serbia; and
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1 (2) does not include the President, Prime Min2 ister, Deputy Prime Ministers, and government min3 isters of the Republic of Montenegro.

4 SEC. 543. PROHIBITION ON STRATEGIC EXPORTS TO YUGO5 SLAVIA.

6 (a) PROHIBITION.—No computers, computer soft7 ware, or goods or technology intended to manufacture or

8 service computers may be exported to or for use by the

9 Government of Yugoslavia or by the Government of Ser10 bia, or by any of the following entities of either govern11 ment:

12 (1) The military.

13 (2) The police.

14 (3) The prison system.

15 (4) The national security agencies.

16 (b) STATUTORY CONSTRUCTION.—Nothing in this

17 section prevents the issuance of licenses to ensure the safe18 ty of civil aviation and safe operation of United States19 origin commercial passenger aircraft and to ensure the

20 safety of ocean-going maritime traffic in international wa21 ters.

22 SEC. 544. PROHIBITION ON LOANS AND INVESTMENT.

23 (a) UNITED STATES GOVERNMENT FINANCING.—No

24 loan, credit guarantee, insurance, financing, or other simi25 lar financial assistance may be extended by any agency
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1 of the United States Government (including the Export2 Import Bank and the Overseas Private Investment Cor3 poration) to the Government of Yugoslavia or the Govern4 ment of Serbia.

5 (b) TRADE AND DEVELOPMENT AGENCY.—No funds

6 made available by law may be available for activities of

7 the Trade and Development Agency in or for Serbia.

8 (c) THIRD COUNTRY ACTION.—The Secretary of

9 State is urged to encourage all other countries, particu10 larly European countries, to suspend any of their own pro11 grams providing support similar to that described in sub12 section (a) or (b) to the Government of Yugoslavia or the

13 Government of Serbia, including by rescheduling repay14 ment of the indebtedness of either government under more

15 favorable conditions.

16 (d) PROHIBITION ON PRIVATE CREDITS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), no national of the United States may

19 make or approve any loan or other extension of cred20 it, directly or indirectly, to the Government of Yugo21 slavia or to the Government of Serbia or to any cor22 poration, partnership, or other organization that is

23 owned or controlled by either the Government of

24 Yugoslavia or the Government of Serbia.
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1 (2) EXCEPTION.—Paragraph (1) shall not

2 apply to a loan or extension of credit for any hous3 ing, education, or humanitarian benefit to assist the

4 victims of oppression in Kosovo.

5 SEC. 545. PROHIBITION OF MILITARY-TO-MILITARY

6 COOPERATION.

7 The United States Government (including any agency

8 or entity of the United States) shall not provide assistance

9 under the Foreign Assistance Act of 1961 or the Arms

10 Export Control Act (including the provision of Foreign

11 Military Financing under section 23 of the Arms Export

12 Control Act or international military education and train13 ing under chapter 5 of part II of the Foreign Assistance

14 Act of 1961) or provide any defense articles or defense

15 services under those Acts, to the armed forces of the Gov16 ernment of Yugoslavia or of the Government of Serbia.

17 SEC. 546. MULTILATERAL SANCTIONS.

18 It is the sense of Congress that the President should

19 continue to seek to coordinate with other countries, par20 ticularly European countries, a comprehensive, multilat21 eral strategy to further the purposes of this subtitle, in22 cluding, as appropriate, encouraging other countries to

23 take measures similar to those described in this subtitle.
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1 SEC. 547. EXEMPTIONS.

2 (a) EXEMPTION FOR KOSOVO.—None of the restric3 tions imposed by this subtitle shall apply with respect to

4 Kosovo, including with respect to governmental entities or

5 administering authorities or the people of Kosovo.

6 (b) EXEMPTION FOR MONTENEGRO.—None of the re7 strictions imposed by this subtitle shall apply with respect

8 to Montenegro, including with respect to governmental en9 tities of Montenegro, unless the President determines and

10 so certifies to the appropriate congressional committees

11 that the leadership of the Government of Montenegro is

12 not committed to, or is not taking steps to promote, demo13 cratic principles, the rule of law, or respect for internation14 ally recognized human rights.

15 SEC. 548. WAIVER; TERMINATION OF MEASURES AGAINST

16 YUGOSLAVIA.

17 (a) GENERAL WAIVER AUTHORITY.—Except as pro18 vided in subsection (b), the requirement to impose any

19 measure under this title may be waived for successive peri20 ods not to exceed 12 months each, and the President may

21 provide assistance in furtherance of this title notwith22 standing any other provision of law, if the President deter23 mines and so certifies to the appropriate congressional

24 committees in writing 15 days in advance of the implemen25 tation of any such waiver that—
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1 (1) it is important to the national interest of

2 the United States; or

3 (2) significant progress has been made in Yugo4 slavia in establishing a government based on demo5 cratic principles and the rule of law, and that re6 spects internationally recognized human rights.

7 (b) EXCEPTION.—The President may implement the

8 waiver under subsection (a) for successive periods not to

9 exceed 3 months each without the 15 day advance notifica10 tion under that subsection—

11 (1) if the President determines that exceptional

12 circumstances require the implementation of such

13 waiver; and

14 (2) the President immediately notifies the ap15 propriate congressional committees of his determina16 tion.

17 (c) TERMINATION OF RESTRICTIONS.—The restric18 tions imposed by this subtitle shall be terminated if the

19 President determines and so certifies to the appropriate

20 congressional committees that the Government of Yugo21 slavia is a government that is committed to democratic

22 principles and the rule of law, and that respects inter23 nationally recognized human rights.
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1 SEC. 549. STATUTORY CONSTRUCTION.

2 (a) IN GENERAL.—None of the restrictions or prohi3 bitions contained in this title shall be construed to limit

4 humanitarian assistance (including the provision of food

5 and medicine), or the commercial export of agricultural

6 commodities or medicine and medical equipment, to Yugo7 slavia.

8 (b) SPECIAL RULE.—Nothing in subsection (a) shall

9 be construed to permit the export of an agricultural com10 modity or medicine that could contribute to the develop11 ment of a chemical or biological weapon.

12 Subtitle E—Miscellaneous

13 Provisions

14 SEC. 551. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR

15 THE FORMER YUGOSLAVIA.

16 (a) FINDINGS.—Congress finds the following:

17 (1) United Nations Security Council Resolution

18 827, which was adopted May 25, 1993, established

19 the International Criminal Tribunal for the former

20 Yugoslavia to prosecute persons responsible for seri21 ous violations of international humanitarian law

22 committed in the territory of the former Yugoslavia

23 since January 1, 1991.

24 (2) United Nations Security Council Resolution

25 827 requires full cooperation by all countries with

26 the Tribunal, including the obligation of countries to
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1 comply with requests of the Tribunal for assistance

2 or orders.

3 (3) The Government of Yugoslavia has dis4 regarded its international obligations with regard to

5 the Tribunal, including its obligation to transfer or

6 facilitate the transfer to the Tribunal of any person

7 on the territory of Yugoslavia who has been indicted

8 for war crimes or other crimes against humanity

9 under the jurisdiction of the Tribunal.

10 (4) The Government of Yugoslavia publicly re11 jected the Tribunal’s jurisdiction over events in

12 Kosovo and has impeded the investigation of rep13 resentatives from the Tribunal, including denying

14 those representatives visas for entry into Yugoslavia,

15 in their efforts to gather information about alleged

16 crimes against humanity in Kosovo under the juris17 diction of the Tribunal.

18 (5) The Tribunal has indicted President

19 Slobodan Milosevic for—

20 (A) crimes against humanity, specifically

21 murder, deportations, and persecutions; and

22 (B) violations of the laws and customs of

23 war.

24 (b) POLICY.—It shall be the policy of the United

25 States to support fully and completely the investigation
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1 of President Slobodan Milosevic by the International

2 Criminal Tribunal for the former Yugoslavia for genocide,

3 crimes against humanity, war crimes, and grave breaches

4 of the Geneva Convention.

5 (c) IN GENERAL.—Subject to subsection (b), it is the

6 sense of Congress that the United States Government

7 should gather all information that the intelligence commu8 nity (as defined in section 3(4) of the National Security

9 Act of 1947 (50 U.S.C. 401a(4)) collects or has collected

10 to support an investigation of President Slobodan

11 Milosevic for genocide, crimes against humanity, war

12 crimes, and grave breaches of the Geneva Convention by

13 the International Criminal Tribunal for the former Yugo14 slavia (ICTY) and that the Department of State should

15 provide all appropriate information to the Office of the

16 Prosecutor of the ICTY under procedures established by

17 the Director of Central Intelligence that are necessary to

18 ensure adequate protection of intelligence sources and

19 methods.

20 (d) REPORT TO CONGRESS.—Not less than 180 days

21 after the date of enactment of this Act, and every 180

22 days thereafter for the succeeding 5-year period, the Presi23 dent shall submit a report, in classified form if necessary,

24 to the appropriate congressional committees that describes

25 the information that was provided by the Department of
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1 State to the Office of the Prosecutor of the International

2 Criminal Tribunal for the former Yugoslavia for the pur3 poses of subsection (c).

4 SEC. 552. SENSE OF CONGRESS WITH RESPECT TO ETHNIC

5 HUNGARIANS OF VOJVODINA.

6 (a) FINDINGS.—Congress finds that—

7 (1) approximately 350,000 ethnic Hungarians

8 reside in the province of Vojvodina, part of Serbia,

9 in traditional settlements in existence for centuries;

10 (2) this community has taken no side in any of

11 the Balkan conflicts since 1990, but has maintained

12 a consistent position of nonviolence, while seeking to

13 protect its existence through the meager opportuni14 ties afforded under the existing political system;

15 (3) the Serbian leadership deprived Vojvodina

16 of its autonomous status at the same time as it did

17 the same to the province of Kosovo;

18 (4) this population is subject to continuous har19 assment, intimidation, and threatening suggestions

20 that they leave the land of their ancestors; and

21 (5) during the past 10 years this form of ethnic

22 cleansing has already driven 50,000 ethnic Hungar23 ians out of the province of Vojvodina.

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the President should—
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1 (1) condemn harassment, threats, and intimida2 tion against any ethnic group in Yugoslavia as the

3 usual precursor of violent ethnic cleansing;

4 (2) express deep concern over the reports on re5 cent threats, intimidation, and even violent incidents

6 against the ethnic Hungarian inhabitants of the

7 province of Vojvodina;

8 (3) call on the Secretary of State to regularly

9 monitor the situation of the Hungarian ethnic group

10 in Vojvodina; and

11 (4) call on the NATO allies of the United

12 States, during any negotiation on the future status

13 of Kosovo, also to pay substantial attention to estab14 lishing satisfactory guarantees for the rights of the

15 ethnic Hungarian community of Vojvodina, and of

16 other ethnic minorities in the province, including

17 consulting with elected leaders about their proposal

18 for self-administration.

19 SEC. 553. OWNERSHIP AND USE OF DIPLOMATIC AND CON20 SULAR PROPERTIES.

21 (a) FINDINGS.—Congress finds the following:

22 (1) The international judicial system, as cur23 rently structured, lacks fully effective remedies for

24 the wrongful confiscation of property and for unjust

25 enrichment from the use of wrongfully confiscated
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1 property by governments and private entities at the

2 expense of the rightful owners of the property.

3 (2) Since the dissolution of the Socialist Fed4 eral Republic of Yugoslavia until March and June

5 1999, when the United States Government took cus6 tody, the Government of Yugoslavia exclusively used,

7 and benefited from the use of, properties located in

8 the United States that were owned by the Socialist

9 Federal Republic of Yugoslavia.

10 (3) Until the United States Government took

11 custody, the Governments of Bosnia and

12 Herzegovina, Croatia, the Former Yugoslav Republic

13 of Macedonia, and Slovenia were blocked by the Gov14 ernment of Yugoslavia from using, or benefiting

15 from the use of, any property located in the United

16 States that was previously owned by the Socialist

17 Federal Republic of Yugoslavia.

18 (4) The occupation and use by officials of

19 Yugoslavia of that property without prompt, ade20 quate, and effective compensation under the applica21 ble principles of international law to the Govern22 ments of Bosnia and Herzegovina, Croatia, the

23 Former Yugoslav Republic of Macedonia, and Slo24 venia is unjust and unreasonable.
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1 (b) POLICY ON NEGOTIATIONS REGARDING PROP2 ERTIES.—It is the policy of the United States to insist

3 that the Government of Yugoslavia has a responsibility to,

4 and should, actively and cooperatively engage in good faith

5 negotiations with the Governments of Bosnia and

6 Herzegovina, Croatia, the Former Yugoslav Republic of

7 Macedonia, and Slovenia for resolution of the outstanding

8 property issues resulting from the dissolution of the So9 cialist Federal Republic of Yugoslavia, including the dis10 position of the following properties located in the United

11 States:

12 (1) 2222 Decatur Street, NW, Washington,

13 DC.

14 (2) 2410 California Street, NW, Washington,

15 DC.

16 (3) 1907 Quincy Street, NW, Washington, DC.

17 (4) 3600 Edmonds Street, NW, Washington,

18 DC.

19 (5) 2221 R Street, NW, Washington, DC.

20 (6) 854 Fifth Avenue, New York, NY.

21 (7) 730 Park Avenue, New York, NY.

22 (c) SENSE OF CONGRESS ON RETURN OF PROP23 ERTIES.—It is the sense of Congress that, if the Govern24 ment of Yugoslavia refuses to engage in good faith nego25 tiations on the status of the properties listed in subsection
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1 (b), the President should take steps to ensure that the

2 interests of the Governments of Bosnia and Herzegovina,

3 Croatia, the Former Yugoslav Republic of Macedonia, and

4 Slovenia are protected in accordance with international

5 law.

6 SEC. 554. TRANSITION ASSISTANCE.

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that once the regime of President Slobodan Milosevic

9 has been replaced by a government that is committed to

10 democratic principles and the rule of law, and that re11 spects internationally recognized human rights, the Presi12 dent of the United States should support the transition

13 to democracy in Yugoslavia by providing immediate and

14 substantial assistance, including facilitating its integration

15 into international organizations.

16 (b) AUTHORIZATION OF ASSISTANCE.—The Presi17 dent is authorized to furnish assistance to Yugoslavia if

18 he determines, and so certifies to the appropriate congres19 sional committees that the Government of Yugoslavia is

20 committed to democratic principles and the rule of law and

21 respects internationally recognized human rights.

22 (c) REPORT TO CONGRESS.—

23 (1) DEVELOPMENT OF PLAN.—The President

24 shall develop a plan for providing assistance to

25 Yugoslavia in accordance with this section. Such as-
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1 sistance would be provided at such time as the

2 President determines that the Government of Yugo3 slavia is committed to democratic principles and the

4 rule of law and respects internationally recognized

5 human rights.

6 (2) STRATEGY.—The plan developed under

7 paragraph (1) shall include a strategy for distrib8 uting assistance to Yugoslavia under the plan.

9 (3) DIPLOMATIC EFFORTS.—The President

10 shall take the necessary steps—

11 (A) to seek to obtain the agreement of

12 other countries and international financial insti13 tutions and other multilateral organizations to

14 provide assistance to Yugoslavia after the Presi15 dent determines that the Government of Yugo16 slavia is committed to democratic principles, the

17 rule of law, and that respects internationally

18 recognized human rights; and

19 (B) to work with such countries, institu20 tions, and organizations to coordinate all such

21 assistance programs.

22 (4) COMMUNICATION OF PLAN.—The President

23 shall take the necessary steps to communicate to the

24 people of Yugoslavia the plan for assistance devel25 oped under this section.
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1 (5) REPORT.—Not later than 120 days after

2 the date of enactment of this Act, the President

3 shall transmit to the appropriate congressional com4 mittees a report describing in detail the plan re5 quired to be developed by paragraph (1).

6 TITLE VI—MICROENTERPRISE

7 ASSISTANCE

8 SEC. 601. SHORT TITLE.

9 This title may be cited as the ‘‘Microenterprise for

10 Self-Reliance Act of 2000’’.

11 SEC. 602. FINDINGS AND DECLARATIONS OF POLICY.

12 Congress makes the following findings and declara13 tions:

14 (1) According to the World Bank, more than

15 1,200,000,000 people in the developing world, or

16 one-fifth of the world’s population, subsist on less

17 than $1 a day.

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

19 from largely preventable malnutrition and disease.

20 (3)(A) Women in poverty generally have larger

21 work loads and less access to educational and eco22 nomic opportunities than their male counterparts.

23 (B) Directly aiding the poorest of the poor, es24 pecially women, in the developing world has a posi25 tive effect not only on family incomes, but also on
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1 child nutrition, health and education, as women in

2 particular reinvest income in their families.

3 (4)(A) The poor in the developing world, par4 ticularly women, generally lack stable employment

5 and social safety nets.

6 (B) Many turn to self-employment to generate

7 a substantial portion of their livelihood. In Africa,

8 over 80 percent of employment is generated in the

9 informal sector of the self-employed poor.

10 (C) These poor entrepreneurs are often trapped

11 in poverty because they cannot obtain credit at rea12 sonable rates to build their asset base or expand

13 their otherwise viable self-employment activities.

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

15 rates as high as 10 percent per day to money lend16 ers.

17 (5)(A) The poor are able to expand their in18 comes and their businesses dramatically when they

19 can access loans at reasonable interest rates.

20 (B) Through the development of self-sustaining

21 microfinance programs, poor people themselves can

22 lead the fight against hunger and poverty.

23 (6)(A) On February 2–4, 1997, a global Micro24 credit Summit was held in Washington, District of

25 Columbia, to launch a plan to expand access to cred-
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1 it for self-employment and other financial and busi2 ness services to 100,000,000 of the world’s poorest

3 families, especially the women of those families, by

4 2005. While this scale of outreach may not be

5 achievable in this short time-period, the realization

6 of this goal could dramatically alter the face of glob7 al poverty.

8 (B) With an average family size of five, achiev9 ing this goal will mean that the benefits of micro10 finance will thereby reach nearly half of the world’s

11 more than 1,000,000,000 absolute poor people.

12 (7)(A) Nongovernmental organizations, such as

13 those that comprise the Microenterprise Coalition

14 (such as the Grameen Bank (Bangladesh,) K–REP

15 (Kenya), and networks such as Accion International,

16 the Foundation for International Community Assist17 ance (FINCA), and the credit union movement) are

18 successful in lending directly to the very poor.

19 (B) Microfinance institutions such as BRAC

20 (Bangladesh), BancoSol (Bolivia), SEWA Bank

21 (India), and ACEP (Senegal) are regulated financial

22 institutions that can raise funds directly from the

23 local and international capital markets.
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1 (8)(A) Microenterprise institutions not only re2 duce poverty, but also reduce the dependency on for3 eign assistance.

4 (B) Interest income on the credit portfolio is

5 used to pay recurring institutional costs, assuring

6 the long-term sustainability of development assist7 ance.

8 (9) Microfinance institutions leverage foreign

9 assistance resources because loans are recycled, gen10 erating new benefits to program participants.

11 (10)(A) The development of sustainable micro12 finance institutions that provide credit and training,

13 and mobilize domestic savings, is a critical compo14 nent to a global strategy of poverty reduction and

15 broad-based economic development.

16 (B) In the efforts of the United States to lead

17 the development of a new global financial architec18 ture, microenterprise should play a vital role. The

19 recent shocks to international financial markets

20 demonstrate how the financial sector can shape the

21 destiny of nations. Microfinance can serve as a pow22 erful tool for building a more inclusive financial sec23 tor which serves the broad majority of the world’s

24 population including the very poor and women and

25 thus generate more social stability and prosperity.
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1 (C) Over the last two decades, the United

2 States has been a global leader in promoting the

3 global microenterprise sector, primarily through its

4 development assistance programs at the United

5 States Agency for International Development. Addi6 tionally, the United States Department of the Treas7 ury and the Department of State have used their au8 thority to promote microenterprise in the develop9 ment programs of international financial institutions

10 and the United Nations.

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

12 International Development launched the ‘‘Micro13 enterprise Initiative’’ in partnership with the Con14 gress.

15 (B) The initiative committed to expanding

16 funding for the microenterprise programs of the

17 Agency, and set a goal that, by the end of fiscal year

18 1996, one-half of all microenterprise resources would

19 support programs and institutions that provide cred20 it to the poorest, with loans under $300.

21 (C) In order to achieve the goal of the micro22 credit summit, increased investment in microfinance

23 institutions serving the poorest will be critical.

24 (12) Providing the United States share of the

25 global investment needed to achieve the goal of the
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1 microcredit summit will require only a small increase

2 in United States funding for international micro3 credit programs, with an increased focus on institu4 tions serving the poorest.

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

6 poorest with microcredit, it is crucial to expand and

7 replicate successful microfinance institutions.

8 (B) These institutions need assistance in devel9 oping their institutional capacity to expand their

10 services and tap commercial sources of capital.

11 (14) Nongovernmental organizations have dem12 onstrated competence in developing networks of local

13 microfinance institutions and other assistance deliv14 ery mechanisms so that they reach large numbers of

15 the very poor, and achieve financial sustainability.

16 (15) Recognizing that the United States Agency

17 for International Development has developed very ef18 fective partnerships with nongovernmental organiza19 tions, and that the Agency will have fewer missions

20 overseas to carry out its work, the Agency should

21 place priority on investing in those nongovernmental

22 network institutions that meet performance criteria

23 through the central funding mechanisms of the

24 Agency.
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1 (16) By expanding and replicating successful

2 microfinance institutions, it should be possible to

3 create a global infrastructure to provide financial

4 services to the world’s poorest families.

5 (17)(A) The United States can provide leader6 ship to other bilateral and multilateral development

7 agencies as such agencies expand their support to

8 the microenterprise sector.

9 (B) The United States should seek to improve

10 coordination among G–7 countries in the support of

11 the microenterprise sector in order to leverage the

12 investment of the United States with that of other

13 donor nations.

14 (18) Through increased support for microenter15 prise, especially credit for the poorest, the United

16 States can continue to play a leadership role in the

17 global effort to expand financial services and oppor18 tunity to 100,000,000 of the poorest families on the

19 planet.

20 SEC. 603. PURPOSES.

21 The purposes of this title are—

22 (1) to make microenterprise development an im23 portant element of United States foreign economic

24 policy and assistance;
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1 (2) to provide for the continuation and expan2 sion of the commitment of the United States Agency

3 for International Development to the development of

4 microenterprise institutions as outlined in its 1994

5 Microenterprise Initiative;

6 (3) to support and develop the capacity of

7 United States and indigenous nongovernmental or8 ganization intermediaries to provide credit, savings,

9 training, technical assistance, and business develop10 ment services to microentrepreneurs;

11 (4) to emphasize financial services and substan12 tially increase the amount of assistance devoted to

13 both financial services and complimentary business

14 development services designed to reach the poorest

15 sector in developing countries, particularly women;

16 and

17 (5) to encourage the United States Agency for

18 International Development to coordinate micro19 finance policy, in consultation with the Department

20 of the Treasury and the Department of State, and

21 to provide global leadership among bilateral and

22 multilateral donors in promoting microenterprise for

23 the poorest of the poor.
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1 SEC. 604. MICROENTERPRISE DEVELOPMENT GRANT AS2 SISTANCE.

3 Chapter 1 of part I of the Foreign Assistance Act

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

5 248 of this Act, is further amended by adding at the end

6 the following new section:

7 ‘‘SEC. 132. MICROENTERPRISE DEVELOPMENT GRANT AS8 SISTANCE.

9 ‘‘(a) FINDINGS AND POLICY.—Congress finds and de10 clares that—

11 ‘‘(1) the development of microenterprise is a

12 vital factor in the stable growth of developing coun13 tries and in the development of free, open, and equi14 table international economic systems;

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

16 United States to assist the development of micro17 enterprises in developing countries; and

18 ‘‘(3) the support of microenterprise can be

19 served by programs providing credit, savings, train20 ing, technical assistance, and business development

21 services.

22 ‘‘(b) AUTHORIZATION.—

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

24 the President is authorized to provide grant assist25 ance for programs to increase the availability of

26 credit and other services to microenterprises lacking
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1 full access to capital training, technical assistance,

2 and business development services through—

3 ‘‘(A) grants to microfinance institutions

4 for the purpose of expanding the availability of

5 credit, savings, and other financial services to

6 microentrepreneurs;

7 ‘‘(B) grants to microenterprise institutions

8 for the purpose of training, technical assistance,

9 and business development services for micro10 enterprises to enable them to make better use

11 of credit, to better manage their enterprises,

12 and to increase their income and build their as13 sets;

14 ‘‘(C) capacity-building for microenterprise

15 institutions in order to enable them to better

16 meet the credit and training needs of micro17 entrepreneurs; and

18 ‘‘(D) policy and regulatory programs at

19 the country level that improve the environment

20 for microentrepreneurs and microenterprise in21 stitutions that serve the poor and very poor.

22 ‘‘(2) IMPLEMENTATION.—Assistance authorized

23 under paragraph (1) shall be provided through orga24 nizations that have a capacity to develop and imple-
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1 ment microenterprise programs, including

2 particularly—

3 ‘‘(A) United States and indigenous private

4 and voluntary organizations;

5 ‘‘(B) United States and indigenous credit

6 unions and cooperative organizations; or

7 ‘‘(C) other indigenous governmental and

8 nongovernmental organizations.

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

10 sustainable poverty-focused programs under para11 graph (1), 50 percent of all microenterprise re12 sources shall be targeted to very poor entrepreneurs,

13 defined as those living in the bottom 50 percent

14 below the poverty line as established by the national

15 government of the country. Specifically, such re16 sources shall be used for—

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

18 subsection through practitioner institutions

19 that—

20 ‘‘(i) provide credit and other financial

21 services to entrepreneurs who are very

22 poor, with loans in 1995 United States

23 dollars of—

24 ‘‘(I) $1,000 or less in the Europe

25 and Eurasia region;
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1 ‘‘(II) $400 or less in the Latin

2 America region; and

3 ‘‘(III) $300 or less in the rest of

4 the world; and

5 ‘‘(ii) can cover their costs in a reason6 able time period; or

7 ‘‘(B) demand-driven business development

8 programs that achieve reasonable cost recovery

9 that are provided to clients holding poverty

10 loans (as defined by the regional poverty loan

11 limitations in subparagraph (A)(i)) whether

12 they are provided by microfinance institutions

13 or by specialized business development services

14 providers.

15 ‘‘(4) SUPPORT FOR CENTRAL MECHANISMS.—

16 The President should continue support for central

17 mechanisms and missions that—

18 ‘‘(A) provide technical support for field

19 missions;

20 ‘‘(B) strengthen the institutional develop21 ment of the intermediary organizations de22 scribed in paragraph (2);

23 ‘‘(C) share information relating to the pro24 vision of assistance authorized under paragraph
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1 (1) between such field missions and inter2 mediary organizations; and

3 ‘‘(D) support the development of nonprofit

4 global microfinance networks, including credit

5 union systems, that—

6 ‘‘(i) are able to deliver very small

7 loans through a vast grassroots infrastruc8 ture based on market principles; and

9 ‘‘(ii) act as wholesale intermediaries

10 providing a range of services to micro11 finance retail institutions, including financ12 ing, technical assistance, capacity-building

13 and safety and soundness accreditation.

14 ‘‘(5) LIMITATION.—Assistance provided under

15 this subsection may only be used to support micro16 enterprise programs and may not be used to support

17 programs not directly related to the purposes de18 scribed in paragraph (1).

19 ‘‘(6) DEFINITION.—In this subsection, the term

20 ‘business development services’ means support for

21 the growth of microenterprises through training,

22 technical assistance, marketing assistance, improved

23 production technologies, and other services.

24 ‘‘(c) MONITORING SYSTEM.—In order to maximize

25 the sustainable development impact of the assistance au-
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1 thorized under subsection (a)(1), the Administrator of the

2 agency primarily responsible for administering this part

3 shall establish a monitoring system that—

4 ‘‘(1) establishes performance goals for such as5 sistance and expresses such goals in an objective and

6 quantifiable form, to the extent feasible;

7 ‘‘(2) establishes performance indicators to be

8 used in measuring or assessing the achievement of

9 the goals and objectives of such assistance;

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

11 adjustments to such assistance to enhance the sus12 tainable development impact of such assistance, par13 ticularly the impact of such assistance on the very

14 poor, particularly poor women; and

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

16 adjustments to measures for reaching the poorest of

17 the poor, including proposed legislation containing

18 amendments to enhance the sustainable development

19 impact of such assistance, as described in paragraph

20 (3).

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

22 available under this part and the Support for East Euro23 pean Democracy (SEED) Act of 1989, including local cur24 rencies, there are authorized to be available $150,000,000

25 during fiscal year 2001.’’.
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1 SEC. 605. MICRO- AND SMALL ENTERPRISE DEVELOPMENT

2 CREDITS.

3 Section 108 of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2151f) is amended to read as follows:

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

6 CREDITS.

7 ‘‘(a) FINDINGS AND POLICY.—Congress finds and de8 clares that—

9 ‘‘(1) the development of micro- and small enter10 prises are a vital factor in the stable growth of de11 veloping countries and in the development and sta12 bility of a free, open, and equitable international

13 economic system; and

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

15 United States to assist the development of the enter16 prises of the poor in developing countries and to en17 gage the United States private sector in that proc18 ess.

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

20 subsection (a), the President is authorized to provide as21 sistance to increase the availability of credit to micro- and

22 small enterprises lacking full access to credit, including

23 through—

24 ‘‘(1) loans and guarantees to credit institutions

25 for the purpose of expanding the availability of cred26 it to micro- and small enterprises;
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1 ‘‘(2) training programs for lenders in order to

2 enable them to better meet the credit needs of

3 microentrepreneurs; and

4 ‘‘(3) training programs for microentrepreneurs

5 in order to enable them to make better use of credit

6 and to better manage their enterprises.

7 ‘‘(c) ELIGIBILITY CRITERIA.—The Administrator of

8 the agency primarily responsible for administering this

9 part shall establish criteria for determining which entities

10 described in subsection (b) are eligible to carry out activi11 ties, with respect to micro- and small enterprises, assisted

12 under this section. Such criteria may include the following:

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

14 from the entity do not have access to the local for15 mal financial sector.

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

17 from the entity are among the poorest people in the

18 country.

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

20 toward working directly with poor women.

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

22 cost of lending.

23 ‘‘(5) The extent to which the entity implements

24 a plan to become financially sustainable.
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1 ‘‘(d) ADDITIONAL REQUIREMENT.—Assistance pro2 vided under this section may only be used to support

3 micro- and small enterprise programs and may not be used

4 to support programs not directly related to the purposes

5 described in subsection (b).

6 ‘‘(e) AUTHORIZED USES OF FUNDS.—

7 ‘‘(1) IN GENERAL.—Amounts made available to

8 carry out this section may be used for, among other

9 things—

10 ‘‘(A) the subsidy cost, as defined in section

11 502(5) of the Federal Credit Reform Act of

12 1990, for activities under this section; and

13 ‘‘(B) the cost of administration expenses in

14 carrying out credit activities under this section.

15 ‘‘(2) DEFAULT AND PROCUREMENT PROVI16 SIONS.—

17 ‘‘(A) DEFAULT PROVISION.—The provi18 sions of section 620(q), or any comparable pro19 vision of law, shall not be construed to prohibit

20 assistance to a country in the event that a pri21 vate sector recipient of assistance furnished

22 under this section is in default in its payment

23 to the United States for the period specified in

24 such section.
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1 ‘‘(B) PROCUREMENT PROVISION.—Assist2 ance may be provided under this section with3 out regard to section 604(a).

4 ‘‘(3) RULE OF CONSTRUCTION.—Amounts au5 thorized to be appropriated under this subsection are

6 in addition to amounts otherwise available to carry

7 out this section.’’.

8 SEC. 606. MICROFINANCE LOAN FACILITY.

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

10 Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as

11 amended by sections 248 and 604 of this Act, is further

12 amended by adding at the end the following new section:

13 ‘‘SEC. 133. UNITED STATES MICROFINANCE LOAN FACILITY.

14 ‘‘(a) ESTABLISHMENT.—The Administrator is au15 thorized to establish a United States Microfinance Loan

16 Facility (in this section referred to as the ‘Facility’) to

17 pool and manage the risk from natural disasters, war or

18 civil conflict, national financial crisis, or short-term finan19 cial movements that threaten the long-term development

20 of United States-supported microfinance institutions.

21 ‘‘(b) DISBURSEMENTS.—

22 ‘‘(1) IN GENERAL.—The Administrator shall

23 make disbursements from the Facility to United

24 States-supported microfinance institutions to prevent

25 the bankruptcy of such institutions caused by—
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1 ‘‘(A) natural disasters;

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

3 ‘‘(C) national financial crisis or other

4 short-term financial movements that threaten

5 the long-term development of United States6 supported microfinance institutions.

7 ‘‘(2) FORM OF ASSISTANCE.—Assistance under

8 this section shall be in the form of loans or loan

9 guarantees for microfinance institutions that dem10 onstrate the capacity to resume self-sustained oper11 ations within a reasonable time period.

12 ‘‘(3) CONGRESSIONAL NOTIFICATION PROCE13 DURES.—During the fiscal year 2001, funds may

14 not be made available from the Facility until 15

15 days after notification of the proposed availability of

16 the funds has been provided to the congressional

17 committees specified in section 634A in accordance

18 with the procedures applicable to reprogramming no19 tifications under that section.

20 ‘‘(c) GENERAL PROVISIONS.—

21 ‘‘(1) POLICY PROVISIONS.—In providing the

22 credit assistance authorized by this section, the Ad23 ministrator should apply, as appropriate, the policy

24 provisions in this part that are applicable to develop25 ment assistance activities.
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1 ‘‘(2) DEFAULT AND PROCUREMENT PROVI2 SIONS.—

3 ‘‘(A) DEFAULT PROVISION.—The provi4 sions of section 620(q), or any comparable pro5 vision of law, shall not be construed to prohibit

6 assistance to a country in the event that a pri7 vate sector recipient of assistance furnished

8 under this section is in default in its payment

9 to the United States for the period specified in

10 such section.

11 ‘‘(B) PROCUREMENT PROVISION.—Assist12 ance may be provided under this section with13 out regard to section 604(a).

14 ‘‘(3) TERMS AND CONDITIONS OF CREDIT AS15 SISTANCE.—

16 ‘‘(A) IN GENERAL.—Credit assistance pro17 vided under this section shall be offered on such

18 terms and conditions, including fees charged, as

19 the Administrator may determine.

20 ‘‘(B) LIMITATION ON PRINCIPAL AMOUNT

21 OF FINANCING.—The principal amount of loans

22 made or guaranteed under this section in any

23 fiscal year, with respect to any single event,

24 may not exceed $30,000,000.
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1 ‘‘(C) EXCEPTION.—No payment may be

2 made under any guarantee issued under this

3 section for any loss arising out of fraud or mis4 representation for which the party seeking pay5 ment is responsible.

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

7 issued under this section shall constitute obligations,

8 in accordance with the terms of such guarantees, of

9 the United States of America, and the full faith and

10 credit of the United States of America is hereby

11 pledged for the full payment and performance of

12 such obligations to the extent of the guarantee.

13 ‘‘(d) FUNDING.—

14 ‘‘(1) ALLOCATION OF FUNDS.—

15 ‘‘(A) IN GENERAL.—Of the amounts made

16 available to carry out this part for the fiscal

17 year 2001, up to $5,000,000 may be made

18 available for—

19 ‘‘(i) the subsidy cost, as defined in

20 section 502(5) of the Federal Credit Re21 form Act of 1990, to carry out this section;

22 and

23 ‘‘(ii) subject to subparagraph (B), the

24 cost of administrative expenses to carry

25 out this section.
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1 ‘‘(B) LIMITATION ON ADMINISTRATIVE EX2 PENSES.—Of the amount made available under

3 subparagraph (A) to carry out this section for

4 fiscal year 2001, not more than $500,000 may

5 be made available for administrative expenses

6 under subparagraph (A)(ii).

7 ‘‘(2) RELATION TO OTHER FUNDING.—

8 Amounts made available under paragraph (1) are in

9 addition to amounts available under any other provi10 sion of law to carry out this section.

11 ‘‘(e) DEFINITIONS.—In this section:

12 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis13 trator’ means the Administrator of the agency pri14 marily responsible for administering this part.

15 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘appropriate congressional com17 mittees’ means the Committee on Foreign Relations

18 of the Senate and the Committee on International

19 Relations of the House of Representatives.

20 ‘‘(3) UNITED STATES-SUPPORTED MICRO21 FINANCE INSTITUTION.—The term ‘United States22 supported microfinance institution’ means a finan23 cial intermediary that has received funds made avail24 able under this Act for fiscal year 1980 or any sub25 sequent fiscal year.’’.
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1 (b) REPORT.—Not later than 120 days after the date

2 of enactment of this Act, the Administrator of the United

3 States Agency for International Development shall submit

4 to the Committee on Foreign Relations of the Senate and

5 the Committee on International Relations of the House

6 of Representatives a report on the policies, rules, and reg7 ulations of the United States Microfinance Loan Facility

8 established under section 133 of the Foreign Assistance

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

10 SEC. 607. REPORT RELATING TO FUTURE DEVELOPMENT

11 OF MICROENTERPRISE INSTITUTIONS.

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

13 of the enactment of this Act, the President shall submit

14 to the appropriate congressional committees a report on

15 the most cost-effective methods and measurements for in16 creasing the access of poor people overseas to credit, other

17 financial services, and related training.

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

19 (a)—

20 (1) should include how the President, in con21 sultation with the Administrator of the United

22 States Agency for International Development, the

23 Secretary of State, and the Secretary of the Treas24 ury, will jointly develop a comprehensive strategy for

25 advancing the global microenterprise sector in a way
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1 that maintains market principles while ensuring that

2 the very poor overseas, particularly women, obtain

3 access to financial services overseas; and

4 (2) shall provide guidelines and recommenda5 tions for—

6 (A) instruments to assist microenterprise

7 networks to develop multi-country and regional

8 microlending programs;

9 (B) technical assistance to foreign govern10 ments, foreign central banks, and regulatory

11 entities to improve the policy environment for

12 microfinance institutions, and to strengthen the

13 capacity of supervisory bodies to supervise

14 microfinance institutions;

15 (C) the potential for Federal chartering of

16 United States-based international microfinance

17 network institutions, including proposed legisla18 tion;

19 (D) instruments to increase investor con20 fidence in microfinance institutions which would

21 strengthen the long-term financial position of

22 the microfinance institutions and attract capital

23 from private sector entities and individuals,

24 such as a rating system for microfinance insti25 tutions and local credit bureaus;
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1 (E) an agenda for integrating microfinance

2 into United States foreign policy initiatives

3 seeking to develop and strengthen the global fi4 nance sector; and

5 (F) innovative instruments to attract funds

6 from the capital markets, such as instruments

7 for leveraging funds from the local commercial

8 banking sector, and the securitization of

9 microloan portfolios.

10 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE11 FINED.—In this section, the term ‘‘appropriate congres12 sional committees’’ means the Committee on International

13 Relations of the House of Representatives and the Com14 mittee on Foreign Relations of the Senate.

15 SEC. 608. UNITED STATES AGENCY FOR INTERNATIONAL

16 DEVELOPMENT AS GLOBAL LEADER AND CO17 ORDINATOR OF BILATERAL AND MULTILAT18 ERAL MICROENTERPRISE ASSISTANCE AC19 TIVITIES.

20 (a) FINDINGS AND POLICY.—Congress finds and de21 clares that—

22 (1) the United States can provide leadership to

23 other bilateral and multilateral development agencies

24 as such agencies expand their support to the micro25 enterprise sector; and
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1 (2) the United States should seek to improve

2 coordination among G–7 countries in the support of

3 the microenterprise sector in order to leverage the

4 investment of the United States with that of other

5 donor nations.

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that—

8 (1) the Administrator of the United States

9 Agency for International Development and the Sec10 retary of State should seek to support and strength11 en the effectiveness of microfinance activities in

12 United Nations agencies, such as the International

13 Fund for Agricultural Development (IFAD) and the

14 United Nations Development Program (UNDP),

15 which have provided key leadership in developing the

16 microenterprise sector; and

17 (2) the Secretary of the Treasury should in18 struct each United States Executive Director of the

19 multilateral development banks (MDBs) to advocate

20 the development of a coherent and coordinated strat21 egy to support the microenterprise sector and an in22 crease of multilateral resource flows for the purposes

23 of building microenterprise retail and wholesale

24 intermediaries.
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1 SEC. 609. DEFINITIONS.

2 In this title:

3 (1) MICROENTERPRISE INSTITUTION.—The

4 term ‘‘microenterprise institution’’ means an institu5 tion that provides microfinance services, and other

6 training or business services, directly to microentre7 preneurs.

8 (2) MICROFINANCE INSTITUTION.—The term

9 ‘‘microfinance institution’’ means an institution that

10 makes loans as well as provides savings and insur11 ance services.

12 (3) PRACTITIONER INSTITUTION.—The term

13 ‘‘practitioner institution’’ means a microfinance in14 stitution that is administered by a nongovernmental

15 organization or by a private and voluntary organiza16 tion and that provides direct services for microentre17 preneurs.

18 TITLE VII—DEFENSE AND

19 SECURITY ASSISTANCE

20 Subtitle A—Military and Related

21 Assistance

22 CHAPTER 1—FOREIGN MILITARY

23 FINANCING PROGRAM

24 SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

25 There are authorized to be appropriated for grant as26 sistance under section 23 of the Arms Export Control Act
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1 (22 U.S.C. 2763) and for the subsidy cost, as defined in

2 section 502(5) of the Federal Credit Reform Act of 1990,

3 of direct loans under such section for fiscal year 2001,

4 the total amount of $3,627,000,000.

5 CHAPTER 2—OTHER ASSISTANCE

6 SEC. 711. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

7 (a) EMERGENCY DRAWDOWN.—Section 506(a)(1) of

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

9 2318(a)(1)) is amended by striking ‘‘$100,000,000’’ and

10 inserting ‘‘$150,000,000’’.

11 (b) ADDITIONAL DRAWDOWN.—Section

12 506(a)(2)(A)(i) of such Act (22 U.S.C. 2318(a)(2)(A)(i))

13 is amended—

14 (1) by striking ‘‘or’’ the first place it appears;

15 and

16 (2) by striking subclause (III) and inserting the

17 following:

18 ‘‘(III) chapter 8 of part II (relat19 ing to antiterrorism assistance);

20 ‘‘(IV) chapter 9 of part II (relat21 ing to nonproliferation assistance); or

22 ‘‘(V) the Migration and Refugee

23 Assistance Act of 1962; or’’.
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1 SEC. 712. INCREASED TRANSPORT AUTHORITY.

2 Section 516(e)(2)(C) of the Foreign Assistance Act

3 of 1961 (22 U.S.C. 23321j(e)(2)(C)) is amended by strik4 ing ‘‘25,000’’ and inserting ‘‘50,000’’.

5 Subtitle B—International Military

6 Education and Training

7 SEC. 721. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated $65,000,000

9 for fiscal year 2001 to carry out chapter 5 of part II of

10 the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et

11 seq.).

12 SEC. 722. ADDITIONAL REQUIREMENTS RELATING TO

13 INTERNATIONAL MILITARY EDUCATION AND

14 TRAINING.

15 Chapter 5 of part II of the Foreign Assistance Act

16 of 1961 (22 U.S.C. 2347 et seq.) is amended by adding

17 at the end the following:

18 ‘‘SEC. 547. CONSULTATION REQUIREMENT.

19 ‘‘The selection of foreign personnel for training under

20 this chapter shall be made in consultation with the United

21 States defense attache to the relevant country.

22 ‘‘SEC. 548. RECORDS REGARDING FOREIGN PARTICIPANTS.

23 ‘‘In order to contribute most effectively to the devel24 opment of military professionalism in foreign countries,

25 the Secretary of Defense shall develop and maintain a

26 database containing records on each foreign military or
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1 defense ministry civilian participant in education and

2 training activities conducted under this chapter after De3 cember 31, 2000. This record shall include the type of in4 struction received, the dates of such instruction, whether

5 such instruction was completed successfully, and, to the

6 extent practicable, a record of the person’s subsequent

7 military or defense ministry career and current position

8 and location.’’.

9 Subtitle C—Nonproliferation and

10 Export Control Assistance

11 SEC. 731. NONPROLIFERATION AND EXPORT CONTROL AS12 SISTANCE.

13 Part II of the Foreign Assistance Act of 1961 (22

14 U.S.C. 2301 et seq.) is amended by adding at the end

15 the following new chapter:

16 ‘‘CHAPTER 9—NONPROLIFERATION AND

17 EXPORT CONTROL ASSISTANCE

18 ‘‘SEC. 581. GENERAL AUTHORITY.

19 ‘‘Notwithstanding any other provision of law that re20 stricts assistance to foreign countries (other than sections

21 502B and 620A of this Act), the President is authorized

22 to furnish, on such terms and conditions as the President

23 may determine, assistance to foreign countries in order to

24 enhance the ability of such countries to halt the prolifera25 tion of nuclear, chemical, and biological weapons, and ad-
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1 vanced conventional weaponry. Such assistance may in2 clude training services and the provision of equipment and

3 other commodities related to the detection, deterrence,

4 monitoring, interdiction, and prevention or countering of

5 proliferation, the establishment of effective nonprolifera6 tion laws and regulations, and the apprehension of those

7 individuals involved in acts of proliferation of such weap8 ons.

9 ‘‘SEC. 582. PURPOSES.

10 ‘‘Activities conducted under this chapter shall be

11 designed—

12 ‘‘(1) to enhance the nonproliferation and export

13 control capabilities of friendly countries by providing

14 training and equipment to detect, deter, monitor,

15 interdict, and counter proliferation;

16 ‘‘(2) to strengthen the bilateral ties of the

17 United States with friendly governments by offering

18 concrete assistance in this area of vital national se19 curity interest; and

20 ‘‘(3) to accomplish the activities and objectives

21 set forth in sections 503 and 504 of the FREEDOM

22 Support Act (Public Law 102–511).

23 ‘‘SEC. 583. TRANSIT INTERDICTION.

24 ‘‘(a) ALLOCATION OF FUNDS.—In providing assist25 ance under this chapter, the President should ensure that
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1 not less than one-quarter of the total of such assistance

2 is expended for the purpose of enhancing the capabilities

3 of friendly countries to detect and interdict proliferation4 related shipments of cargo that originate from, and are

5 destined for, other countries.

6 ‘‘(b) PRIORITY TO CERTAIN COUNTRIES.—Priority

7 shall be given in the apportionment of the assistance de8 scribed under subsection (a) to any friendly country that

9 has been determined by the Secretary of State to be a

10 country frequently transited by proliferation-related ship11 ments of cargo.

12 ‘‘SEC. 584. LIMITATIONS.

13 ‘‘The limitations contained in section 573 (a) and (d)

14 of this Act shall apply to this chapter.

15 ‘‘SEC. 585. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

17 is authorized to be appropriated to the President to carry

18 out this chapter $129,000,000 for the fiscal year 2001.

19 ‘‘(b) AVAILABILITY OF FUNDS.—Funds made avail20 able under subsection (a) may be used notwithstanding

21 any other provision of law (other than section 502B or

22 620A) and shall remain available until expended.’’.
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1 SEC. 732. NONPROLIFERATION AND EXPORT CONTROL

2 TRAINING IN THE UNITED STATES.

3 Of the amount made available for fiscal year 2001

4 under chapter 9 of part II of the Foreign Assistance Act

5 of 1961, as added by section 731, $2,000,000 is author6 ized to be available for the purpose of training and edu7 cation of personnel from friendly countries in the United

8 States.

9 SEC. 733. SCIENCE AND TECHNOLOGY CENTERS.

10 Of the amounts made available for fiscal year 2001

11 under chapter 9 of part II of the Foreign Assistance Act

12 of 1961, as added by section 731, $59,000,000 is author13 ized to be available for each such year for science and

14 technology centers in the independent states of the former

15 Soviet Union, if the Secretary of State first certifies to

16 the appropriate committees of Congress that memoranda

17 of understanding relating to the operation of such centers

18 have been concluded between the Department of State and

19 the Department of Defense and other relevant agencies

20 of the United States Government.

21 SEC. 734. TRIAL TRANSIT PROGRAM.

22 (a) ALLOCATION OF FUNDS.—Of the amount made

23 available for fiscal year 2001 under chapter 9 of the For24 eign Assistance Act of 1961, as added by section 731,

25 $5,000,000 is authorized to be available to establish a

26 static cargo x-ray facility in Malta, if the Secretary of
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1 State first certifies to the appropriate committees of Con2 gress that the Government of Malta has provided adequate

3 assurances that such a facility will be utilized in connec4 tion with random cargo inspections by Maltese customs

5 officials of container traffic transiting through the Malta

6 Freeport.

7 (b) REQUIREMENT OF WRITTEN ASSESSMENT.—In

8 the event that a facility is established in Malta pursuant

9 to subsection (a), the Secretary of State shall submit a

10 written assessment to the appropriate committees of Con11 gress not later than 270 days after such a facility com12 mences operation detailing—

13 (1) statistics on utilization of the facility by

14 Malta;

15 (2) the contribution made by the facility to

16 United States nonproliferation and export control

17 objectives; and

18 (3) the feasibility of establishing comparable fa19 cilities in other countries identified by the Secretary

20 of State pursuant to section 583 of the Foreign As21 sistance Act of 1961, as added by section 731.

22 (c) TREATMENT OF ASSISTANCE.—Assistance under

23 this section shall be considered as assistance under section

24 583(a) of the Foreign Assistance Act of 1961 (relating

25 to transit interdiction), as added by section 731.
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1 Subtitle D—Antiterrorism

2 Assistance

3 SEC. 741. AUTHORIZATION OF APPROPRIATIONS.

4 Section 574(a) of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2349aa–4(a)) is amended by striking

6 ‘‘$9,840,000’’ and all that follows through the period and

7 inserting the following: ‘‘$73,000,000 for the fiscal year

8 2001.’’.

9 Subtitle E—Integrated Security

10 Assistance Planning

11 CHAPTER 1—ESTABLISHMENT OF A NA12 TIONAL SECURITY ASSISTANCE

13 STRATEGY

14 SEC. 751. NATIONAL SECURITY ASSISTANCE STRATEGY.

15 (a) REQUIREMENT.—Not later than 180 days after

16 the date of enactment of this Act, and annually thereafter

17 in connection with congressional presentation materials of

18 the foreign operations appropriations budget request, the

19 Secretary of State shall submit to the appropriate commit20 tees of Congress a report setting forth a National Security

21 Assistance Strategy for the United States.

22 (b) ELEMENTS OF THE STRATEGY.—The strategy

23 shall—

24 (1) set forth a 5-year plan for security assist25 ance programs;
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1 (2) be consistent with the National Security

2 Strategy of the United States;

3 (3) be coordinated with the Secretary of De4 fense and the Chairman of the Joint Chiefs of Staff;

5 (4) identify overarching security assistance ob6 jectives, including identification of the role that spe7 cific security assistance programs will play in achiev8 ing such objectives;

9 (5) identify a primary security assistance objec10 tive, as well as specific secondary objectives, for indi11 vidual countries;

12 (6) identify, on a country-by-country basis, how

13 specific resources will be allocated to accomplish

14 both primary and secondary objectives;

15 (7) discuss how specific types of assistance,

16 such as foreign military financing and international

17 military education and training, will be combined at

18 the country level to achieve United States objectives;

19 and

20 (8) detail, with respect to each of the para21 graphs (1) through (7), how specific types of assist22 ance provided pursuant to the Arms Export Control

23 Act and Foreign Assistance Act of 1961 are coordi24 nated with United States assistance programs man-
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1 aged by the Department of Defense and other agen2 cies.

3 (c) COVERED ASSISTANCE.—The National Security

4 Assistance Strategy shall cover assistance provided

5 under—

6 (1) section 23 of the Arms Export Control Act

7 (22 U.S.C. 2763);

8 (2) chapters 5, 8, and 9 of part II of the For9 eign Assistance Act of 1961 (22 U.S.C. 2347 et

10 seq.); and

11 (3) section 516 of the Foreign Assistance Act

12 of 1961 (22 U.S.C. 2321i).

13 SEC. 752. SECURITY ASSISTANCE SURVEYS.

14 (a) UTILIZATION.—The Secretary of State shall uti15 lize security assistance surveys in preparation of the Na16 tional Security Assistance Strategy required pursuant to

17 section 751 of this Act.

18 (b) FUNDING.—Of the amounts made available for

19 fiscal year 2001 under section 23 of the Arms Export Con20 trol Act (22 U.S.C. 2763), $2,000,000 is authorized to

21 be available to the Secretary of State to conduct security

22 assistance surveys, or to request such a survey, on a reim23 bursable basis, by the Department of Defense or other

24 United States Government agencies. Such surveys shall be
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1 conducted consistent with the requirements of section 26

2 of the Arms Export Control Act.

3 CHAPTER 2—ALLOCATIONS FOR CERTAIN

4 COUNTRIES

5 SEC. 761. SECURITY ASSISTANCE FOR NEW NATO MEM6 BERS.

7 (a) FOREIGN MILITARY FINANCING.—Of the

8 amounts made available for fiscal year 2001 under section

9 23 of the Arms Export Control Act (22 U.S.C. 2763),

10 $35,000,000 is authorized to be available on a grant basis

11 for the Czech Republic, Hungary, and Poland.

12 (b) MILITARY EDUCATION AND TRAINING.—Of the

13 amounts made available for fiscal year 2001 to carry out

14 chapter 5 of part II of the Foreign Assistance Act of 1961

15 (22 U.S.C. 2347 et seq.), $7,000,000 is authorized to be

16 available only for the Czech Republic, Hungary, and Po17 land.

18 (c) SELECT PRIORITIES.—In providing assistance

19 under this section, the President shall give priority to sup20 porting activities consistent with the objectives set forth

21 in the following conditions of the Senate resolution of rati22 fication for the Protocols to the North Atlantic Treaty of

23 1949 on the Accession of Poland, Hungary, and the Czech

24 Republic:
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1 (1) Condition (1)(A)(v), (vi), and (vii), relating

2 to common threats, the core mission of NATO, and

3 the capacity to respond to common threats.

4 (2) Condition (1)(B), relating to the funda5 mental importance of collective defense.

6 (3) Condition (1)(C), relating to defense plan7 ning, command structures, and force goals.

8 (4) Conditions (4)(B)(i) and (4)(B)(ii), relating

9 to intelligence matters.

10 SEC. 762. INCREASED TRAINING ASSISTANCE FOR GREECE

11 AND TURKEY.

12 (a) IN GENERAL.—Of the amounts made available

13 for fiscal year 2001 to carry out chapter 5 of part II of

14 the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et

15 seq.)—

16 (1) $1,000,000 is authorized to be available for

17 Greece; and

18 (2) $2,500,000 is authorized to be available for

19 Turkey.

20 (b) USE FOR PROFESSIONAL MILITARY EDU21 CATION.—Of the amounts available under paragraphs (1)

22 and (2) of subsection (a), $500,000 of such amounts

23 should be available only for purposes of professional mili24 tary education.
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1 (c) USE FOR JOINT TRAINING.—It is the sense of

2 Congress that, to the maximum extent practicable,

3 amounts available under subsection (a) that are used in

4 accordance with subsection (b) should be used for joint

5 training of Greek and Turkish officers.

6 SEC. 763. MINIMUM ALLOCATION FOR EGYPT AND ISRAEL.

7 (a) AVAILABILITY OF FUNDS.—Of the amounts made

8 available for fiscal year 2001 for assistance under the

9 ‘‘Foreign Military Financing Program’’ account under

10 section 23 of the Arms Export Control Act (22 U.S.C.

11 2763), $1,980,000,000 is authorized to be available on a

12 grant basis for Israel, and $1,300,000,000 is authorized

13 to be available on a grant basis for Egypt.

14 (b) DISBURSEMENT OF FUNDS.—Funds authorized

15 to be available for Israel under subsection (a) shall be dis16 bursed not later than 30 days after the date of enactment

17 of an Act making appropriations for foreign operations,

18 export financing, and related programs for fiscal year

19 2001, or October 31, 2000, whichever date is later.

20 (c) AVAILABILITY OF FUNDS FOR ADVANCED WEAP21 ONS SYSTEMS.—To the extent the Government of Israel

22 requests that funds be used for such purposes, grants

23 made available for Israel out of funds authorized to be

24 available under subsection (a) for Israel shall, as agreed

25 by Israel and the United States, be available for advanced
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1 weapons systems, of which not less than 26.3 percent shall

2 be available for the procurement in Israel of defense arti3 cles and defense services, including research and develop4 ment.

5 SEC. 764. SECURITY ASSISTANCE FOR CERTAIN COUN6 TRIES.

7 (a) FOREIGN MILITARY FINANCING.—Of the

8 amounts made available for fiscal year 2001 under section

9 23 of the Arms Export Control Act (22 U.S.C. 2763)—

10 (1) $20,500,000 is authorized to be available on

11 a grant basis for Estonia, Latvia, and Lithuania;

12 (2) $5,000,000 is authorized to be available on

13 a grant basis for the Philippines;

14 (3) $5,000,000 is authorized to be available on

15 a grant basis for Georgia;

16 (4) $1,000,000 is authorized to be available on

17 a grant basis for Malta;

18 (5) $4,000,000 is authorized to be available on

19 a grant basis for Slovenia;

20 (6) $8,400,000 is authorized to be available on

21 a grant basis for Slovakia;

22 (7) $11,000,000 is authorized to be available on

23 a grant basis for Romania; and

24 (8) $8,500,000 is authorized to be available on

25 a grant basis for Bulgaria.
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1 (b) IMET.—Of the amounts made available for fiscal

2 year 2001 to carry out chapter 5 of part II of the Foreign

3 Assistance Act of 1961 (22 U.S.C. 2347 et seq.)—

4 (1) $4,000,000 is authorized to be available for

5 Estonia, Latvia, and Lithuania;

6 (2) $1,500,000 is authorized to be available for

7 the Philippines;

8 (3) $1,000,000 is authorized to be available for

9 Georgia;

10 (4) $1,000,000 is authorized to be available for

11 Malta;

12 (5) $1,000,000 is authorized to be available for

13 Slovenia;

14 (6) $1,000,000 is authorized to be available for

15 Slovakia;

16 (7) $1,500,000 is authorized to be available for

17 Romania; and

18 (8) $1,200,000 is authorized to be available for

19 Bulgaria.

20 SEC. 765. BORDER SECURITY AND TERRITORIAL INDE21 PENDENCE.

22 (a) GUAM COUNTRIES AND ARMENIA.—For the pur23 pose of carrying out section 499C of the Foreign Assist24 ance Act of 1961 and assisting GUAM countries and Ar25 menia to strengthen national control of their borders and
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1 to promote the independence and territorial sovereignty of

2 such countries, the following amounts are authorized to

3 be made available for fiscal year 2001:

4 (1) $20,000,000 of the amounts made available

5 for fiscal year 2001 under section 23 of the Arms

6 Export Control Act (22 U.S.C. 2763).

7 (2) $10,000,000 of the amounts made available

8 for fiscal year 2001 under chapter 9 of part II of

9 the Foreign Assistance Act of 1961, as added by

10 section 731.

11 (3) $5,000,000 of the amounts made available

12 for fiscal year 2001 to carry out chapter 5 of part

13 II of the Foreign Assistance Act of 1961 (22 U.S.C.

14 2347 et seq.).

15 (4) $2,000,000 of the amounts made available

16 for fiscal year 2001 to carry out chapter 8 of part

17 II of the Foreign Assistance Act.

18 (b) GUAM COUNTRIES DEFINED.—In this section,

19 the term ‘‘GUAM countries’’ means the group of countries

20 that signed a protocol on quadrilateral cooperation on No21 vember 25, 1997.
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1 Subtitle F—Other Provisions

2 SEC. 771. UTILIZATION OF DEFENSE ARTICLES AND SERV3 ICES.

4 Section 502 of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2302) is amended in the first sentence by in6 serting ‘‘(including for antiterrorism and nonproliferation

7 purposes)’’ after ‘‘internal security’’.

8 SEC. 772. REDUCTION IN VALUATION OF DEFENSE ARTI9 CLES NOT INTENDED FOR REPLACEMENT.

10 (a) AUTHORITY.—Section 21(a) of the Arms Export

11 Control Act (22 U.S.C. 2761(a)) is amended by adding

12 at the end the following new paragraph:

13 ‘‘(3) The President may reduce the price required to

14 be paid under paragraph (1)(A) for the sale of a defense

15 article if such sale would—

16 ‘‘(A) facilitate the sale of a similar or related

17 new defense article that is manufactured in the

18 United States; or

19 ‘‘(B) serve the national security interests of the

20 United States.’’.

21 (b) CONFORMING AMENDMENT.—Section

22 21(a)(1)(A) of such Act (22 U.S.C. 2761(a)(1)(A)) is

23 amended by inserting ‘‘, except as provided in paragraph

24 (3)’’ after ‘‘actual value thereof’’.
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1 (c) REPORTS ON REDUCTIONS IN PRICE.—In each

2 case in which the President reduces the price of a defense

3 article under paragraph (3) of section 21(a) of the Arms

4 Export Control Act (as added by subsection (a) of this

5 section), the President shall submit to the appropriate

6 committees of Congress a report on the reduction in price.

7 SEC. 773. CONGRESSIONAL NOTIFICATION.

8 (a) REPEAL OF REQUIREMENT REGARDING COOPER9 ATIVE PROJECTS.—Section 27 of the Arms Export Con10 trol Act (22 U.S.C. 2767) is amended—

11 (1) by striking subsection (g); and

12 (2) by redesignating subsections (h), (i), and

13 (j), as subsections (g), (h), and (i), respectively.

14 (b) REGULATIONS RELATING TO REGISTRATION AND

15 LICENSING REQUIREMENTS.—Section 38(b)(2) of the

16 Arms Export Control Act (22 U.S.C. 2778(b)(2)) is

17 amended by inserting ‘‘and in effect on January 1, 2000’’

18 after ‘‘regulations issued under subsection (a)(1) of this

19 section’’.

20 SEC. 774. NATIONAL SECURITY EXEMPTION.

21 The prohibition contained in section 907 of the

22 FREEDOM Support Act shall not apply to any activity

23 conducted pursuant to title V of the National Security Act

24 of 1947 (50 U.S.C. 413 et seq.).
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1 SEC. 775. ADDITIONS TO UNITED STATES WAR RESERVE

2 STOCKPILES FOR ALLIES.

3 Section 514(b)(2) of the Foreign Assistance Act of

4 1961 (22 U.S.C. 2321h(b)(2)) is amended to read as fol5 lows:

6 ‘‘(2)(A) The value of such additions to stockpiles of

7 defense articles in foreign countries shall not exceed

8 $50,000,000 for fiscal year 2001.

9 ‘‘(B) Of the amount specified in subparagraph (A)

10 for fiscal year 2001, not more than $50,000,000 may be

11 made available for stockpiles in the Republic of Korea.’’.

12 SEC. 776. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS

13 DEFENSE ARTICLES IN THE WAR RESERVE

14 STOCKPILES FOR ALLIES TO ISRAEL.

15 (a) TRANSFERS TO ISRAEL.—

16 (1) AUTHORITY.—Notwithstanding section 514

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

18 2321h), the President may transfer to Israel, in re19 turn for concessions to be negotiated by the Sec20 retary of Defense, with the concurrence of the Sec21 retary of State, any or all of the items described in

22 paragraph (2).

23 (2) ITEMS COVERED.—The items referred to in

24 paragraph (1) are munitions such as armor, artil25 lery, automatic weapons ammunition, missiles, and

26 other munitions that—
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1 (A) are obsolete or surplus items;

2 (B) are in the inventory of the Department

3 of Defense;

4 (C) are intended for use as reserve stocks

5 for Israel; and

6 (D) as of the date of enactment of this

7 Act, are located in a stockpile in Israel.

8 (b) CONCESSIONS.—The value of concessions nego9 tiated pursuant to subsection (a) shall be at least equal

10 to the fair market value of the items transferred. The con11 cessions may include cash compensation, services, waiver

12 of charges otherwise payable by the United States, and

13 other items of value.

14 (c) ADVANCE NOTIFICATION OF TRANSFER.—Not

15 less than 30 days before making a transfer under the au16 thority of this section, the President shall transmit to the

17 Committee on Foreign Relations of the Senate, and the

18 Committee on International Relations of the House of

19 Representatives a notification of the proposed transfer.

20 The notification shall identify the items to be transferred

21 and the concessions to be received.

22 (d) EXPIRATION OF AUTHORITY.—No transfer may

23 be made under the authority of this section 5 years after

24 the date of enactment of this Act.
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1 SEC. 777. STINGER MISSILES IN THE PERSIAN GULF RE2 GION.

3 (a) PROHIBITION.—Notwithstanding any other provi4 sion of law and except as provided in subsection (b), the

5 United States may not sell or otherwise make available

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

7 II of the Foreign Assistance Act of 1961 any Stinger

8 ground-to-air missiles to any country bordering the Per9 sian Gulf.

10 (b) ADDITIONAL TRANSFERS AUTHORIZED.—In ad11 dition to other defense articles authorized to be trans12 ferred by section 581 of the Foreign Operations, Export

13 Financing, and Related Programs Appropriation Act,

14 1990, the United States may sell or make available, under

15 the Arms Export Control Act or chapter 2 of part II of

16 the Foreign Assistance Act of 1961, Stinger ground to air

17 missiles to any country bordering the Persian Gulf in

18 order to replace, on a one-for-one basis, Stinger missiles

19 previously furnished to such country if the Stinger missiles

20 to be replaced are nearing the scheduled expiration of their

21 shelf-life.

22 SEC. 778. EXPORT INFORMATION.

23 (a) DELAYED FILINGS; PENALTIES FOR FAILURE TO

24 FILE.—Section 304 of title 13, United States Code, is

25 amended—
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1 (1) by striking ‘‘the penal sum of $1,000’’ and

2 inserting ‘‘a penal sum of $10,000’’; and

3 (2) by striking ‘‘a penalty not to exceed $100

4 for each day’s delinquency beyond the prescribed pe5 riod, but not more than $1,000’’ and inserting ‘‘a

6 penalty not to exceed $1,000 for each day’s delin7 quency beyond the prescribed period but not more

8 than $10,000’’.

9 (b) ADDITIONAL PENALTIES.—

10 (1) IN GENERAL.—Section 305 of title 13,

11 United States Code, is amended to read as follows:

12 ‘‘§ 305. Penalties for unlawful export information ac13 tivities

14 ‘‘(a) Any person who knowingly fails to file or know15 ingly submits false or misleading export information

16 through the Shipper’s Export Declaration (SED) (or any

17 successor document) or the Automated Export System

18 (AES) shall be subject to a fine not to exceed $10,000,

19 or imprisoned for not more than 5 years, or both.

20 ‘‘(b) Any person who knowingly reports any informa21 tion on or uses the SED or the AES to further any illegal

22 activity shall be subject to a fine not to exceed $10,000,

23 or imprisoned for not more than 5 years, or both.

24 ‘‘(c) Any person violating the provisions of this chap25 ter or any rule, regulation, or order issued thereunder, ex-
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1 cept as provided in section 304, shall be subject to a pen2 alty not to exceed $10,000 in addition to any other penalty

3 imposed by law. The amount of any such penalty shall

4 be payable into the Treasury of the United States and

5 shall be recoverable in a civil suit in the name of the

6 United States.

7 ‘‘(d) The Secretary may remit or mitigate any pen8 alties imposed under subsection (c) if, in the Secretary’s

9 opinion—

10 ‘‘(1) they were incurred without willful neg11 ligence or fraud; or

12 ‘‘(2) other circumstances exist that justify a re13 mission or mitigation.’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 9 of that title is

16 amended by striking the item relating to section 305

17 and inserting the following new item:

‘‘305. Penalties for unlawful export information activities.’’.

18 SEC. 779. EXCESS DEFENSE ARTICLES FOR MONGOLIA.

19 (a) USES FOR WHICH FUNDS ARE AVAILABLE.—

20 Notwithstanding section 516(e) of the Foreign Assistance

21 Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2001,

22 funds available to the Department of Defense may be ex23 pended for crating, packing, handling, and transportation

24 of excess defense articles transferred under the authority

25 of section 516 of that Act to Mongolia.
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1 (b) CONTENT OF CONGRESSIONAL NOTIFICATION.—

2 Each notification required to be submitted under section

3 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C.

4 2321j(f)) with respect to a proposed transfer of a defense

5 article described in subsection (a) shall include an esti6 mate of the amount of funds to be expended under sub7 section (a) with respect to that transfer.

8 SEC. 780. SPACE COOPERATION WITH RUSSIAN PERSONS.

9 (a) ANNUAL CERTIFICATION.—

10 (1) REQUIREMENT.—The President shall sub11 mit each year to the appropriate committees of Con12 gress, with respect to each Russian person described

13 in paragraph (2), a certification that the person is

14 not suspected of contributing to the acquisition, de15 sign, development, or production of MTCR-class bal16 listic missiles in Iran at any time since January 1,

17 2000.

18 (2) APPLICABILITY.—The certification require19 ment under paragraph (1) applies with respect to

20 each Russian person that, as of the date of the cer21 tification, is a person engaged in commercial co22 operation relating to MTCR equipment or tech23 nology with a United States person pursuant to an

24 arms export license that was issued within the 36
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1 months preceding the month in which the certifi2 cation is made.

3 (3) COMMENCEMENT AND TERMINATION OF RE4 QUIREMENT.—

5 (A) TIMES FOR SUBMISSION.—The Presi6 dent shall submit—

7 (i) the first certification under para8 graph (1) not later than 60 days after the

9 date of the enactment of this Act; and

10 (ii) each annual certification there11 after on the anniversary of the first sub12 mission.

13 (B) TERMINATION OF REQUIREMENT.—No

14 certification is required under paragraph (1)

15 after the submission of the annual certification

16 that is required to be submitted 5 years after

17 the date on which the first certification is sub18 mitted.

19 (b) TERMINATION OF EXISTING LICENSES.—If, at

20 any time after the issuance of a license under section 36(c)

21 of the Arms Export Control Act relating to the use, devel22 opment, or co-production of commercial rocket engine

23 technology with a foreign person, the President determines

24 that the foreign person has engaged in any action de25 scribed in section 73(a)(1) of the Arms Export Control
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1 Act (22 U.S.C. 2797b(a)(1)) since the date the license was

2 issued, the President may terminate the license.

3 (c) REPORT ON EXPORT LICENSING OF MTCR

4 ITEMS UNDER $50,000,000.—Section 71(d) of the Arms

5 Export Control Act (22 U.S.C. 2797(d)) is amended by

6 striking ‘‘Within 15 days’’ and all that follows through

7 ‘‘MTCR Annex,’’ and inserting ‘‘Within 15 days after the

8 issuance of a license (including any brokering license) for

9 the export of items valued at less than $50,000,000 that

10 are controlled under this Act pursuant to United States

11 obligations under the Missile Technology Control Regime

12 or are goods or services that are intended to support the

13 design, utilization, development, or production of a space

14 launch vehicle system listed in Category I or II of the

15 MTCR Annex,’’.

16 (d) DEFINITIONS.—In this section:

17 (1) APPROPRIATE COMMITTEES OF CON18 GRESS.—The term ‘‘appropriate committees of Con19 gress’’ means the Committee on Foreign Relations

20 of the Senate and the Committee on International

21 Relations of the House of Representatives.

22 (2) FOREIGN PERSON.—The term ‘‘foreign per23 son’’ has the meaning given the term in section

24 74(7) of the Arms Export Control Act (22 U.S.C.

25 2797c(7)).
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1 (3) MTCR EQUIPMENT OR TECHNOLOGY.—The

2 term ‘‘MTCR equipment or technology’’ has the

3 meaning given the term in section 74(5) of the Arms

4 Export Control Act (22 U.S.C. 2797c(5)).

5 (4) PERSON.—The term ‘‘person’’ has the

6 meaning given the term in section 74(8) of the Arms

7 Export Control Act (22 U.S.C. 2797c(8)).

8 (5) UNITED STATES PERSON.—The term

9 ‘‘United States person’’ has the meaning given the

10 term in section 74(6) of the Arms Export Control

11 Act (22 U.S.C. 2797c(6).

12 SEC. 781. ASSISTANCE FOR ISRAEL.

13 (a) DEFINITIONS.—In this section:

14 (1) ESF ASSISTANCE.—The term ‘‘ESF assist15 ance’’ means assistance under chapter 4 of part II

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

17 2346 et seq.), relating to the economic support fund.

18 (2) FOREIGN MILITARY FINANCING PRO19 GRAM.—The term ‘‘Foreign Military Financing Pro20 gram’’ means the program authorized by section 23

21 of the Arms Export Control Act (22 U.S.C. 2763).

22 (b) ESF ASSISTANCE.—

23 (1) IN GENERAL.—Of the amounts made avail24 able for each of the fiscal years 2001 through 2008

25 for ESF assistance, not less than the amount speci-
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1 fied in paragraph (2) for each such fiscal year shall

2 be available only for Israel.

3 (2) COMPUTATION OF AMOUNT.—Subject to

4 subsection (d), the amount referred to in paragraph

5 (1) is equal to—

6 (A) the amount made available for ESF

7 assistance for Israel for the preceding fiscal

8 year, minus

9 (B) $120,000,000.

10 (c) FMF PROGRAM.—

11 (1) IN GENERAL.—Of the amount made avail12 able for each of the fiscal years 2001 through 2008

13 for assistance under the Foreign Military Financing

14 Program, not less than the amount specified in

15 paragraph (2) for each such fiscal year shall be

16 available only for Israel.

17 (2) COMPUTATION OF AMOUNT.—Subject to

18 subsection (d), the amount referred to in paragraph

19 (1) is equal to—

20 (A) the amount made available for assist21 ance under the Foreign Military Financing Pro22 gram for Israel for the preceding fiscal year,

23 plus

24 (B) $60,000,000.
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1 (d) EXCLUSION OF RESCISSIONS AND SUPPLE2 MENTAL APPROPRIATIONS.—For purposes of this section,

3 the computation of amounts made available for a fiscal

4 year shall not take into account any amount rescinded by

5 an Act or any amount appropriated by an Act making sup6 plemental appropriations for a fiscal year.

7 Subtitle G—Transfers of Naval

8 Vessels

9 SEC. 791. AUTHORITY TO TRANSFER NAVAL VESSELS TO

10 CERTAIN FOREIGN COUNTRIES.

11 (a) AUSTRALIA.—The President is authorized to

12 transfer to the Government of Australia four ‘‘KIDD’’

13 class guided missile destroyers KIDD (DDG 993),

14 CALLAGHAN (DDG 994), SCOTT (DDG 995), and

15 CHANDLER (DDG 996). Such transfers shall be on a

16 combined lease-sale basis under sections 61 and 21 of the

17 Arms Export Control Act (22 U.S.C. 2796, 2761).

18 (b) BRAZIL.—The President is authorized to transfer

19 to the Government of Brazil two ‘‘THOMASTON’’ class

20 dock landing ships ALAMO (LSD 33) and HERMITAGE

21 (LSD 34), and four ‘‘GARCIA’’ class frigates BRADLEY

22 (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF

23 1048) and ALBERT DAVID (FF 1050). Such transfers

24 shall be on a grant basis under section 516 of the Foreign

25 Assistance Act of 1961 (22 U.S.C. 2321j).
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1 (c) CHILE.—The President is authorized to transfer

2 to the Government of the Chile two ‘‘OLIVER HAZARD

3 PERRY’’ class guided missile frigates WADSWORTH

4 (FFG 9), and ESTOCIN (FFG 15). Such transfers shall

5 be on a combined lease-sale basis under sections 61 and

6 21 of the Arms Export Control Act (22 U.S.C. 2796,

7 2761).

8 (d) EGYPT.—The President is authorized to transfer

9 to the Government of Egypt one ‘‘DIXIE’’ class destroyer

10 tender, YOSEMITE (AD 19). Such transfer shall be on

11 a grant basis under section 516 of the Foreign Assistance

12 Act of 1961 (22 U.S.C. 2321j).

13 (e) GREECE.—The President is authorized to trans14 fer to the Government of Greece two ‘‘KNOX’’ class frig15 ates VREELAND (FF 1068), and TRIPPE (FF 1075).

16 Such transfers shall be on a grant basis under section 516

17 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

18 (f) TURKEY.—The President is authorized to transfer

19 to the Government of Turkey two ‘‘OLIVER HAZARD

20 PERRY’’ class guided missile frigates JOHN A. MOORE

21 (FFG 19), and FLATLEY (FFG 21). Such transfers

22 shall be on a combined lease-sale basis under sections 61

23 and 21 of the Arms Export Control Act (22 U.S.C. 2796,

24 2761). The authority granted by this section is in addition
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1 to that granted under section 1018(a)(9) of Public Law

2 106–65.

3 SEC. 792. INAPPLICABILITY OF AGGREGATE ANNUAL LIMI4 TATION ON VALUE OF TRANSFERRED EXCESS

5 DEFENSE ARTICLES.

6 The value of naval vessels authorized under section

7 791 of this Act to be transferred on a grant basis under

8 section 516 of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2321j) shall not be included in the aggregate an10 nual value of transferred excess defense articles which is

11 subject to the aggregate annual limitation set forth in sec12 tion 516(g) of the Foreign Assistance Act of 1961 (22

13 U.S.C. 2321j(g)).

14 SEC. 793. COSTS OF TRANSFERS.

15 Any expense of the United States in connection with

16 a transfer authorized by this Act shall be charged to the

17 recipient.

18 SEC. 794. CONDITIONS RELATING TO COMBINED LEASE19 SALE TRANSFERS.

20 A transfer of a vessel on a combined lease-sale basis

21 authorized by section 791 shall be made in accordance

22 with the following requirements:

23 (1) The President may initially transfer the ves24 sel by lease, with lease payments suspended for the

25 term of the lease, if the country entering into the
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1 lease for the vessel simultaneously enters into a for2 eign military sales agreement for the transfer of title

3 to the vessel.

4 (2) The President may not deliver to the pur5 chasing country title to the vessel until the purchase

6 price of the vessel under such a foreign military

7 sales agreement is paid in full.

8 (3) Upon payment of the purchase price in full

9 under such a sales agreement and delivery of title to

10 the recipient country, the President shall terminate

11 the lease.

12 (4) If the purchasing country fails to make full

13 payment of the purchase price in accordance with

14 the sales agreement by the date required under the

15 sales agreement—

16 (A) the sales agreement shall be imme17 diately terminated;

18 (B) the suspension of lease payments

19 under the lease shall be vacated; and

20 (C) the United States shall be entitled to

21 retain all funds received on or before the date

22 of the termination under the sales agreement,

23 up to the amount of lease payments due and

24 payable under the lease and all other costs re25 quired by the lease to be paid to that date.
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1 (5) If a sales agreement is terminated pursuant

2 to paragraph (4), the United States shall not be re3 quired to pay any interest to the recipient country

4 on any amount paid to the United States by the re5 cipient country under the sales agreement and not

6 retained by the United States under the lease.

7 SEC. 795. FUNDING OF CERTAIN COSTS OF TRANSFERS.

8 There are authorized to be appropriated to the De9 fense Vessels Transfer Program Account such funds as

10 may be necessary to cover the costs (as defined in section

11 502 of the Congressional Budget Act of 1974 (2 U.S.C.

12 661a)) of the lease-sale transfers authorized by section

13 791. Funds authorized to be appropriated under the pre14 ceding sentence for the purpose described in that sentence

15 may not be available for any other purpose.

16 SEC. 796. EXPIRATION OF AUTHORITY.

17 The authority granted by section 791 of this Act shall

18 expire two years after the date of enactment of this Act.

19 Subtitle H—Definition

20 SEC. 797. APPROPRIATE COMMITTEES OF C0NGRESS DE21 FINED.

22 In this title, the term ‘‘appropriate committees of

23 Congress’’ means the Committee on Foreign Relations of

24 the Senate and the Committee on International Relations

25 of the House of Representatives.
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1 TITLE VIII—SPECIAL AUTHORI2 TIES AND OTHER PROVISIONS

3 SEC. 801. PROHIBITION ON ASSISTANCE TO FOREIGN GOV4 ERNMENTS THAT EXPORT LETHAL MILITARY

5 EQUIPMENT TO COUNTRIES SUPPORTING

6 INTERNATIONAL TERRORISM.

7 Section 620H(a)(1) of the Foreign Assistance Act of

8 1961 (22 U.S.C. 2378(a)(1)) is amended by inserting

9 ‘‘and the Arms Export Control Act’’ after ‘‘this Act’’.

10 SEC. 802. EFFECTIVE PROGRAM OVERSIGHT.

11 Section 635 of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2395), as amended by section 204 of this Act,

13 is further amended by adding at the end thereof the fol14 lowing new subsection:

15 ‘‘(m) The Administrator of the agency primarily re16 sponsible for administering part I may use funds made

17 available under that part to provide program and manage18 ment oversight for activities that are funded under that

19 part and that are conducted in countries in which the

20 agency does not have a field mission or office.’’.

21 SEC. 803. TERMINATION EXPENSES.

22 Section 617 of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2367) is amended to read as follows:
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1 ‘‘SEC. 617. TERMINATION EXPENSES.

2 ‘‘(a) IN GENERAL.—Funds made available under this

3 Act and the Arms Export Control Act, may remain avail4 able for obligation for a period not to exceed 8 months

5 from the date of any termination of assistance under such

6 Acts for the necessary expenses of winding up programs

7 related to such termination and may remain available until

8 expended. Funds obligated under the authority of such

9 Acts prior to the effective date of the termination of assist10 ance may remain available for expenditure for the nec11 essary expenses of winding up programs related to such

12 termination notwithstanding any provision of law restrict13 ing the expenditure of funds. In order to ensure the effec14 tiveness of such assistance, such expenses for orderly ter15 mination of programs may include the obligation and ex16 penditure of funds to complete the training or studies out17 side their countries of origin of students whose course of

18 study or training program began before assistance was

19 terminated.

20 ‘‘(b) LIABILITY TO CONTRACTORS.—For the purpose

21 of making an equitable settlement of termination claims

22 under extraordinary contractual relief standards, the

23 President is authorized to adopt as a contract or other

24 obligation of the United States Government, and assume

25 (in whole or in part) any liabilities arising thereunder, any

26 contract with a United States or third-country contractor
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1 that had been funded with assistance under such Acts

2 prior to the termination of assistance.

3 ‘‘(c) TERMINATION EXPENSES.—Amounts certified

4 as having been obligated for assistance subsequently ter5 minated by the President, or pursuant to any provision

6 of law, shall continue to remain available and may be re7 obligated to meet any necessary expenses arising from the

8 termination of such assistance.

9 ‘‘(d) GUARANTY PROGRAMS.—Provisions of this or

10 any other Act requiring the termination of assistance

11 under this or any other Act shall not be construed to re12 quire the termination of guarantee commitments that were

13 entered into prior to the effective date of the termination

14 of assistance.

15 ‘‘(e) RELATION TO OTHER PROVISIONS.—Unless spe16 cifically made inapplicable by another provision of law, the

17 provisions of this section shall be applicable to the termi18 nation of assistance pursuant to any provision of law.’’.

19 SEC. 804. ADMINISTRATION OF JUSTICE.

20 Section 534 of the Foreign Assistance Act of 1961

21 (22 U.S.C. 2346c) is amended—

22 (1) in subsection (a), by striking ‘‘in order to

23 strengthen the administration of justice in countries

24 in Latin America and the Caribbean’’ and inserting
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1 ‘‘in order to support or strengthen the administra2 tion of justice’’; and

3 (2) in subsection (e), by striking the last sen4 tence.

5 SEC. 805. CHANGE FROM SEMIANNUAL TO ANNUAL RE6 PORTING OF ENVIRONMENTAL IMPACTS OF

7 MDB ASSISTANCE PROPOSALS.

8 Section 1303(c) of the International Financial Insti9 tutions Act (22 U.S.C. 262m–3(c)) is amended by striking

10 ‘‘and December 31’’.

11 SEC. 806. SENSE OF THE SENATE ON ENVIRONMENTAL

12 CONTAMINATION AND HEALTH EFFECTS

13 EMANATING FROM THE FORMER UNITED

14 STATES MILITARY FACILITIES IN THE PHIL15 IPPINES.

16 It is the sense of the Senate that—

17 (1) the Secretary of State, in cooperation with

18 the Secretary of Defense, should work with the Gov19 ernment of the Philippines and with appropriate

20 nongovernmental organizations in the United States

21 and the Philippines to fully identify and share all

22 relevant information concerning environmental con23 tamination and health effects emanating from

24 United States military facilities following the depar-
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1 ture of United States military forces from the Phil2 ippines in 1992; and

3 (2) the United States should work with the

4 Government of the Philippines to help ameliorate the

5 environmental contamination and health effects ema6 nating from United States military facilities fol7 lowing the departure of United States military forces

8 from the Philippines in 1992.

9 SEC. 807. REPEAL OF OBSOLETE PROVISIONS.

10 (a) 1992 JOBS THROUGH EXPORTS ACT.—Title III

11 of the Jobs Through Exports Act of 1992 is repealed.

12 (b) 1988 OPIC ACT.—The Overseas Private Invest13 ment Corporation Amendments Act of 1988 (as enacted

14 by reference by section 555 of the Foreign Operations, Ex15 port Financing, and Related Programs Appropriations

16 Act, 1989) is repealed.

17 (c) 1988 INTERNATIONAL NARCOTICS CONTROL

18 ACT.—The International Narcotics Control Act of 1988

19 is repealed.

20 (d) 1988 FOREIGN OPERATIONS APPROPRIATIONS

21 ACT.—Section 537(h)(2) of the Foreign Operations, Ex22 port Financing, and Related Programs Appropriations

23 Act, 1988, as included in Public Law 100–202, is re24 pealed.
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1 (e) NARCOTICS CONTROL TRADE ACT.—Sections

2 802(e) and 804 of the Narcotics Control Trade Act (which

3 is title VIII of the Trade Act of 1974) are repealed.

4 (f) 1987 FOREIGN ASSISTANCE APPROPRIATIONS

5 ACT.—Section 539(g)(2) of the Foreign Assistance and

6 Related Programs Appropriations Act, 1987, as included

7 in Public Law 99–591, is repealed.

8 (g) 1986 DRUG ACT.—The International Narcotics

9 Control Act of 1986 (which is title II of the Anti-Drug

10 Abuse Act of 1986) is repealed.

11 (h) 1986 ASSISTANCE ACT.—The Special Foreign

12 Assistance Act of 1986 is repealed except for section 1

13 and section 204.

14 (i) 1985 ASSISTANCE ACT.—The International Secu15 rity and Development Cooperation Act of 1985 is repealed

16 except for section 1, section 131, section 132, section 504,

17 section 505, part B of title V (other than section 558 and

18 section 559), section 906, section 1302, section 1303, and

19 section 1304.

20 (j) 1985 JORDAN SUPPLEMENTAL ACT.—The Jor21 dan Supplemental Economic Assistance Authorization Act

22 of 1985 is repealed.

23 (k) 1985 AFRICAN FAMINE ACT.—The African Fam24 ine Relief and Recovery Act of 1985 is repealed.
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1 (l) 1983 ASSISTANCE ACT.—The International Secu2 rity and Development Assistance Authorization Act of

3 1983 is repealed.

4 (m) 1983 LEBANON ASSISTANCE ACT.—The Leb5 anon Emergency Assistance Act of 1983 is repealed.

6 (n) 1981 ASSISTANCE ACT.—The International Secu7 rity and Development Cooperation Act of 1981 is repealed

8 except for section 1, section 709, section 714.

9 (o) 1981 OPIC AMENDMENTS ACT.—The OPIC

10 Amendments Act of 1981 is repealed.

11 (p) 1980 ASSISTANCE ACT.—The International Secu12 rity and Development Cooperation Act of 1980 is repealed

13 except for section 1, section 110, section 316, and title

14 V.

15 (q) 1979 DEVELOPMENT ASSISTANCE ACT.—The

16 International Development Cooperation Act of 1979 is re17 pealed.

18 (r) 1979 SECURITY ASSISTANCE ACT.—The Inter19 national Security Assistance Act of 1979 is repealed.

20 (s) 1979 SPECIAL SECURITY ASSISTANCE ACT.—The

21 Special International Security Assistance Act of 1979 is

22 repealed.

23 (t) 1978 DEVELOPMENT ASSISTANCE ACT.—The

24 International Development and Food Assistance Act of
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1 1978 is repealed, except for section 1 and section

2 603(a)(2).

3 (u) 1978 SECURITY ASSISTANCE ACT.—The Inter4 national Security Assistance Act of 1978 is repealed.

5 (v) 1977 DEVELOPMENT ASSISTANCE ACT.—The

6 International Development and Food Assistance Act of

7 1977 is repealed except for section 1, section 132(b), and

8 section 133.

9 (w) 1977 SECURITY ASSISTANCE ACT.—The Inter10 national Security Assistance Act of 1977 is repealed.

11 (x) 1976 SECURITY ASSISTANCE ACT.—The Inter12 national Security Assistance and Arms Export Control Act

13 is repealed except for section 1, section 201(b), section

14 212(b), section 601, and section 608.

15 (y) 1975 DEVELOPMENT ASSISTANCE ACT.—The

16 International Development and Food Assistance Act of

17 1975 is repealed.

18 (z) 1974 ASSISTANCE ACT.—The Foreign Assistance

19 Act of 1974 is repealed.

20 (aa) 1973 EMERGENCY ASSISTANCE ACT.—The

21 Emergency Security Assistance Act of 1973 is repealed.

22 (bb) 1973 ASSISTANCE ACT.—The Foreign Assist23 ance Act of 1973 is repealed, except for section 1 and sec24 tion 36.
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1 (cc) 1971 ASSISTANCE ACT.—The Foreign Assist2 ance Act of 1971 is repealed.

3 (dd) 1971 SPECIAL ASSISTANCE ACT.—The Special

4 Foreign Assistance Act of 1971 is repealed.

5 (ee) 1971 FMS ACT.—The Act entitled ‘‘An Act to

6 amend the Foreign Military Sales Act, and for other pur7 poses’’, approved January 12, 1971 (Public Law 91–672),

8 is repealed, except for section 1 and section 10.

9 (ff) 1969 ASSISTANCE ACT.—The Foreign Assistance

10 Act of 1969 is repealed except for the first section and

11 part IV.

12 (gg) 1968 ASSISTANCE ACT.—The Foreign Assist13 ance Act of 1968 is repealed.

14 (hh) 1964 ASSISTANCE ACT.—The Foreign Assist15 ance Act of 1964 is repealed.

16 (ii) LATIN AMERICAN DEVELOPMENT ACT.—The

17 Latin American Development Act is repealed.

18 (jj) 1959 MUTUAL SECURITY ACT.—The Mutual Se19 curity Act of 1959 is repealed.

20 (kk) 1954 MUTUAL SECURITY ACT.—Section 402

21 and section 417 of the Mutual Security Act of 1954 are

22 repealed.Act is repealed.

23 (ll) SAVINGS PROVISION.—Except as otherwise pro24 vided in this Act, the repeal by this Act of any provision
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1 of law that amended or repealed another provision of law

2 does not affect in any way that amendment or repeal.