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PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL
FINANCIAL INSTITUTIONS
SEC. 502. Notwithstanding section 614 of the Foreign
Assistance Act of 1961, none of the funds contained in title
II of this Act may be used to carry out the provisions of
section 209(d) of the Foreign Assistance Act of 1961: Pro-
vided, That none of the funds appropriated by title II of
this Act may be transferred by the Agency for International
Development directly to an international financial institu-
tion (as defined in section 533 of this Act) for the purpose
of repaying a foreign country’s loan obligations to such in-
stitution.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the max-
imum extent possible, United States-owned foreign cur-
rencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for enter-
tainment expenses of the Agency for International Develop-
ment during the current fiscal year.
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LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be avail-
able for representation allowances for the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned for-
eign currencies are utilized in lieu of dollars: Provided fur-
ther, That of the funds made available by this Act for gen-
eral costs of administering military assistance and sales
under the heading ‘‘Foreign Military Financing Program’’,
not to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading ‘‘Inter-
national Military Education and Training’’, not to exceed
$50,000 shall be available for entertainment allowances:
Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall
be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the
heading ‘‘Trade and Development Agency’’, not to exceed
$2,000 shall be available for representation and entertain-
ment allowances
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PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘Nonproliferation, Anti-ter-
rorism, Demining and Related Programs’’) pursuant to this
Act, for carrying out the Foreign Assistance Act of 1961,
may be used, except for purposes of nuclear safety, to fi-
nance the export of nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations
to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria:
Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import
Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance to any country
whose duly elected head of government is deposed by mili-
tary coup or decree: Provided, That assistance may be re-
sumed to such country if the President determines and re-
ports to the Committees on Appropriations that subsequent
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to the termination of assistance a democratically elected
government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this
Act may be obligated under an appropriation account to
which they were not appropriated, except for transfers spe-
cifically provided for in this Act, unless the President, prior
to the exercise of any authority contained in the Foreign
Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees
on Appropriations of the House of Representatives and the
Senate.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. (a) Amounts certified pursuant to section
1311 of the Supplemental Appropriations Act, 1955, as
having been obligated against appropriations heretofore
made under the authority of the Foreign Assistance Act of
1961 for the same general purpose as any of the headings
under title II of this Act are, if deobligated, hereby contin-
ued available for the same period as the respective appro-
priations under such headings or until September 30, 2001,
whichever is later, and for the same general purpose, and
for countries within the same region as originally obligated:
Provided, That the Appropriations Committees of both
Houses of the Congress are notified 15 days in advance of
the reobligation of such funds in accordance with regular
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notification procedures of the Committees on Appropria-
tions.
(b) Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the
end of the fiscal year immediately preceding the current
fiscal year are, if deobligated, hereby continued available
during the current fiscal year for the same purpose under
any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may
not be used in fiscal year 2001.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in
this Act shall remain available for obligation after the expi-
ration of the current fiscal year unless expressly so provided
in this Act: Provided, That funds appropriated for the pur-
poses of chapters 1, 8, and 11 of part I, section 667, and
chapter 4 of part II of the Foreign Assistance Act of 1961,
as amended, and funds provided under the heading ‘‘Assist-
ance for Eastern Europe and the Baltic States’’, shall re-
main available until expended if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds
made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in
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order to address balance of payments or economic policy
reform objectives, shall remain available until expended:
Provided further, That the report required by section 653(a)
of the Foreign Assistance Act of 1961 shall designate for
each country, to the extent known at the time of submission
of such report, those funds allocated for cash disbursement
for balance of payment and economic policy reform pur-
poses.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in
this Act shall be used to furnish assistance to any govern-
ment which is in default during a period in excess of one
calendar year in payment to the United States of principal
or interest on any loan made to such government by the
United States pursuant to a program for which funds are
appropriated under this Act: Provided, That this section
and section 620(q) of the Foreign Assistance Act of 1961
shall not apply to funds made available for any narcotics-
related assistance for Colombia, Bolivia, and Peru author-
ized by the Foreign Assistance Act of 1961 or the Arms Ex-
port Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and
none of the funds otherwise made available pursuant to this
Act to the Export-Import Bank and the Overseas Private
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Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of
any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus
on world markets at the time the resulting productive ca-
pacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That
such prohibition shall not apply to the Export-Import Bank
if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely
to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961 shall be available for any testing or breed-
ing feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country
of an agricultural commodity for export which would com-
pete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit—
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(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact in the export of agricul-
tural commodities of the United States; or
(2) research activities intended primarily to ben-
efit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct
the United States Executive Directors of the International
Bank for Reconstruction and Development, the Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice
and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made avail-
able pursuant to this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substan-
tial injury to United States producers of the same, similar,
or competing commodity.
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NOTIFICATION REQUIREMENTS
SEC. 515. (a) For the purposes of providing the execu-
tive branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Devel-
opment Assistance’’, ‘‘Global Health’’, ‘‘International Orga-
nizations and Programs’’, ‘‘Trade and Development Agen-
cy’’, ‘‘International Narcotics Control and Law Enforce-
ment’’, ‘‘Assistance for Eastern Europe and the Baltic
States’’, ‘‘Assistance for the Independent States’’, ‘‘Eco-
nomic Support Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Oper-
ating Expenses of the Agency for International Develop-
ment’’, ‘‘Operating Expenses of the Agency for Inter-
national Development Office of Inspector General’’, ‘‘Non-
proliferation, Anti-terrorism, Demining and Related Pro-
grams’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national Military Education and Training’’, ‘‘Peace
Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations
not justified or in excess of the amount justified to the Ap-
propriations Committees for obligation under any of these
specific headings unless the Appropriations Committees of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
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section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional ammu-
nition, or other major defense items defined to be aircraft,
ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified
to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided
further, That this section shall not apply to any reprogram-
ming for an activity, program, or project under chapter 1
of part I of the Foreign Assistance Act of 1961 of less than
10 percent of the amount previously justified to the Con-
gress for obligation for such activity, program, or project
for the current fiscal year: Provided further, That the re-
quirements of this section or any similar provision of this
Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be
waived if failure to do so would pose a substantial risk to
human health or welfare: Provided further, That in case
of any such waiver, notification to the Congress, or the ap-
propriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement
was applicable, in the context of the circumstances necessi-
tating such waiver: Provided further, That any notification
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provided pursuant to such a waiver shall contain an expla-
nation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of
the Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on Appro-
priations.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financing,
and related programs, which are returned or not made
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until Sep-
tember 30, 2002.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under
the heading ‘‘Assistance for the Independent States’’ shall
be made available for assistance for a government of an
Independent State of the former Soviet Union—
(1) unless that government is making progress in
implementing comprehensive economic reforms based
on market principles, private ownership, respect for
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commercial contracts, and equitable treatment of for-
eign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the purpose
of expropriating or seizing ownership or control of as-
sets, investments, or ventures.
Assistance may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(b) None of the funds appropriated under the heading
‘‘Assistance for the Independent States’’ shall be made
available for assistance for a government of an Independent
State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or na-
tional sovereignty of any other Independent State of the
former Soviet Union, such as those violations included in
the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this sub-
section if the President determines that to do so is in the
national security interest of the United States.
(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States’’ shall be made
available for any state to enhance its military capability:
Provided, That this restriction does not apply to demili-
tarization, demining or nonproliferation programs.
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(d) Funds appropriated under the heading ‘‘Assistance
for the Independent States’’ shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
(e) Funds made available in this Act for assistance for
the Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to environ-
ment and natural resources) of the Foreign Assistance Act
of 1961.
(f) Funds appropriated in this or prior appropriations
Acts that are or have been made available for an Enterprise
Fund in the Independent States of the Former Soviet Union
may be deposited by such Fund in interest-bearing accounts
prior to the disbursement of such funds by the Fund for
program purposes. The Fund may retain for such program
purposes any interest earned on such deposits without re-
turning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds
made available for Enterprise Funds shall be expended at
the minimum rate necessary to make timely payment for
projects and activities.
(g) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated in this Act or
prior appropriations Acts under the heading ‘‘Assistance
for the Independent States’’ and under comparable headings
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in prior appropriations Acts, for projects or activities that
have as one of their primary purposes the fostering of pri-
vate sector development, the Coordinator for United States
Assistance to the New Independent States and the imple-
menting agency shall encourage the participation of and
give significant weight to contractors and grantees who pro-
pose investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amend-
ed, may be used to pay for the performance of abortions
as a method of family planning or to motivate or coerce
any person to practice abortions. None of the funds made
available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for the perform-
ance of involuntary sterilization as a method of family
planning or to coerce or provide any financial incentive
to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be used to pay for any bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization as a means of family planning. None of the funds
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made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that
the use of these funds by any such country or organization
would violate any of the above provisions related to abor-
tions and involuntary sterilizations: Provided, That none
of the funds made available under this Act may be used
to lobby for or against abortion.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2001, for programs under title I of this Act may
be transferred between such appropriations for use for any
of the purposes, programs, and activities for which the
funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Colombia, Haiti, Liberia,
Pakistan, Serbia, Sudan, or the Democratic Republic of
Congo except as provided through the regular notification
procedures of the Committees on Appropriations.
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropriations
Act account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
‘‘program, project, and activity’’ shall also be considered
to include country, regional, and central program level
funding within each such account; for the development as-
sistance accounts of the Agency for International Develop-
ment ‘‘program, project, and activity’’ shall also be consid-
ered to include central program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enact-
ment of this Act, as required by section 653(a) of the For-
eign Assistance Act of 1961.
CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES
SEC. 522. Up to $10,000,000 of the funds made avail-
able by this Act for assistance for health, family planning,
child survival, environment, basic education, and AIDS,
may be used to reimburse United States Government agen-
cies, agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services
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of such individuals) detailed or assigned to, or contracted
by, as the case may be, the Agency for International Devel-
opment for the purpose of carrying out child survival, basic
education, and infectious disease activities: Provided, That
up to $1,500,000 of the funds made available by this Act
for assistance under the heading ‘‘Development Assistance’’
may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying
out other development assistance activities: Provided fur-
ther, That funds appropriated by this Act that are made
available for child survival activities or disease programs
including activities relating to research on, and the preven-
tion, treatment and control of, Acquired Immune Deficiency
Syndrome may be made available notwithstanding any
provision of law that restricts assistance to foreign coun-
tries: Provided further, That funds appropriated by this Act
that are made available for family planning activities may
be made available notwithstanding section 512 of this Act
and section 620(q) of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated to
finance indirectly any assistance or reparations to Cuba,
Iraq, Libya, Iran, Syria, North Korea, or the People’s Re-
public of China, unless the President of the United States
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certifies that the withholding of these funds is contrary to
the national interest of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees pur-
suant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under
the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Com-
mittees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act may be obli-
gated and expended notwithstanding section 10 of Public
Law 91–672 and section 15 of the State Department Basic
Authorities Act of 1956.
DEMOCRACY IN CHINA
SEC. 526. Notwithstanding any other provision of law
that restricts assistance to foreign countries, funds appro-
priated by this Act for ‘‘Economic Support Fund’’ may be
made available to provide general support and grants for
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nongovernmental organizations located outside the People’s
Republic of China that have as their primary purpose fos-
tering democracy in that country, and for activities of non-
governmental organizations located outside the People’s Re-
public of China to foster rule of law and democracy in that
country: Provided, That none of the funds made available
for activities to foster democracy in the People’s Republic
of China may be made available for assistance to the gov-
ernment of that country, except that funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’ that
are made available for the National Endowment for Democ-
racy or its grantees may be made available for activities
to foster democracy in that country notwithstanding this
proviso and any other provision of law: Provided further,
That funds made available pursuant to the authority of this
section shall be subject to the regular notification procedures
of the Committees on Appropriations.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appropriated
under any such heading in a provision of law enacted prior
to the enactment of this Act, shall not be made available
to any country which the President determines—
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(1) grants sanctuary from prosecution to any in-
dividual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of sub-
section (a) to a country if the President determines that
national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the Fed-
eral Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in ac-
cordance with the regular notification procedures of the
Committees on Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 528. Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to pro-
vide financing to Israel, Egypt and NATO and major non-
NATO allies for the procurement by leasing (including leas-
ing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the
President determines that there are compelling foreign pol-
icy or national security reasons for those defense articles
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being provided by commercial lease rather than by govern-
ment-to-government sale under such Act.
COMPETITIVE INSURANCE
SEC. 529. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity
to bid for insurance when such insurance is necessary or
appropriate.
STINGERS IN THE PERSIAN GULF REGION
SEC. 530. (a) PROHIBITION.—Notwithstanding any
other provision of law and except as provided in subsection
(b), the United States may not sell or otherwise make avail-
able under the Arms Export Control Act or chapter 2 of
part II of the Foreign Assistance Act of 1961 any Stinger
ground-to-air missiles to any country bordering the Persian
Gulf.
(b) ADDITIONAL TRANSFERS AUTHORIZED.—In addi-
tion to other defense articles authorized to be transferred
by section 581 of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriation Act, 1990, the
United States may sell or make available, under the Arms
Export Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961, Stinger ground-to-air missiles to
any country bordering the Persian Gulf in order to replace,
on a one-for-one basis, Stinger missiles previously furnished
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to such country if the Stinger missiles to be replaced are
nearing the scheduled expiration of their shelf-life.
DEBT-FOR-DEVELOPMENT
SEC. 531. In order to enhance the continued participa-
tion of nongovernmental organizations in economic assist-
ance activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which
is a grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local cur-
rencies which accrue to that organization as a result of eco-
nomic assistance provided under title II of this Act and
any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.—(1) If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the Agency
for International Development shall—
(A) require that local currencies be deposited in
a separate account established by that government;
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(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that government
the responsibilities of the Agency for International
Development and that government to monitor and ac-
count for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed
upon with the foreign government, local currencies depos-
ited in a separate account pursuant to subsection (a), or
an equivalent amount of local currencies, shall be used
only—
(A) to carry out chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
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(3) PROGRAMMING ACCOUNTABILITY.—The Agency for
International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon
termination of assistance to a country under chapters 1 or
10 of part I or chapter 4 of part II (as the case may be),
any unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) REPORTING REQUIREMENT.—The Administrator
of the Agency for International Development shall report
on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use
of local currencies for the administrative requirements of
the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/
or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1)
If assistance is made available to the government of a for-
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eign country, under chapters 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a sepa-
rate account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—
Such funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the nature
of this assistance including provisions which are referenced
in the Joint Explanatory Statement of the Committee of
Conference accompanying House Joint Resolution 648
(House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to obli-
gating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Appro-
priations, which shall include a detailed description of how
the funds proposed to be made available will be used, with
a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a de-
scription of the economic policy reforms that will be pro-
moted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds
may be exempt from the requirements of subsection (b)(1)
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only through the notification procedures of the Committees
on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE
DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 533. (a) No funds appropriated by this Act may
be made as payment to any international financial institu-
tion while the United States Executive Director to such in-
stitution is compensated by the institution at a rate which,
together with whatever compensation such Director receives
from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, or while any alternate United States Director
to such institution is compensated by the institution at a
rate in excess of the rate provided for an individual occu-
pying a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(b) For purposes of this section, ‘‘international finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian Devel-
opment Fund, the African Development Bank, the African
Development Fund, the International Monetary Fund, the
North American Development Bank, and the European
Bank for Reconstruction and Development.
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COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 534. None of the funds appropriated or otherwise
made available pursuant to this Act to carry out the For-
eign Assistance Act of 1961 (including title IV of chapter
2 of part I, relating to the Overseas Private Investment Cor-
poration) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that—
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be humani-
tarian assistance for foreign nationals who have fled
Iraq and Kuwait.
AUTHORITIES
FOR
THE
PEACE
CORPS, INTERNATIONAL
FUND FOR AGRICULTURAL DEVELOPMENT, AND AFRI-
CAN DEVELOPMENT FOUNDATION
SEC. 535. (a) Unless expressly provided to the con-
trary, provisions of this or any other Act, including provi-
sions contained in prior Acts authorizing or making appro-
priations for foreign operations, export financing, and re-
lated programs, shall not be construed to prohibit activities
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authorized by or conducted under the Peace Corps Act or
the African Development Foundation Act. The agency shall
promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to con-
duct activities in a country for which assistance is prohib-
ited.
(b) Unless expressly provided to the contrary, limita-
tions on the availability of funds for ‘‘International Orga-
nizations and Programs’’ in this or any other Act, includ-
ing prior appropriations Acts, shall not be construed to be
applicable to the International Fund for Agricultural De-
velopment.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 536. None of the funds appropriated by this Act
may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or induce-
ment is likely to reduce the number of employees of
such business enterprise in the United States because
United States production is being replaced by such
enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing
zone or designated area in which the tax, tariff, labor,
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environment, and safety laws of that country do not
apply, in part or in whole, to activities carried out
within that zone or area, unless the President deter-
mines and certifies that such assistance is not likely
to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
that country: Provided, That in recognition that the
application of this subsection should be commensurate
with the level of development of the recipient country
and sector, the provisions of this subsection shall not
preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and
smallholder agriculture.
FUNDING PROHIBITION FOR SERBIA
SEC. 537. None of the funds appropriated by this Act
may be made available for assistance for the Republic of
Serbia: Provided, That this restriction shall not apply to
assistance for Kosova or Montenegro, or to assistance to pro-
mote democratization: Provided further, That section 620(t)
of the Foreign Assistance Act of 1961, as amended, shall
not apply to Kosova or Montenegro.
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SPECIAL AUTHORITIES
SEC. 538. (a) Funds appropriated in titles I and II
of this Act that are made available for Afghanistan, Leb-
anon, Montenegro, and for victims of war, displaced chil-
dren, displaced Burmese, humanitarian assistance for Ro-
mania, and humanitarian assistance for the peoples of
Kosova, may be made available notwithstanding any other
provision of law: Provided, That any such funds that are
made available for Cambodia shall be subject to the provi-
sions of section 531(e) of the Foreign Assistance Act of 1961
and section 906 of the International Security and Develop-
ment Cooperation Act of 1985.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign Assist-
ance Act of 1961 may be used, notwithstanding any other
provision of law, for the purpose of supporting tropical for-
estry and biodiversity conservation activities and, subject
to the regular notification procedures of the Committees on
Appropriations, energy programs aimed at reducing green-
house gas emissions: Provided, That such assistance shall
be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) The Agency for International Development may
employ personal services contractors, notwithstanding any
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other provision of law, for the purpose of administering pro-
grams for the West Bank and Gaza.
(d)(1) WAIVER.—The President may waive the provi-
sions of section 1003 of Public Law 100–204 if the Presi-
dent determines and certifies in writing to the Speaker of
the House of Representatives and the President pro tempore
of the Senate that it is important to the national security
interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to paragraph (1) shall be effective for no more
than a period of 6 months at a time and shall not apply
beyond 12 months after the enactment of this Act.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF
ISRAEL
SEC. 539. It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Israel;
(2) the decision by the Arab League in 1997 to
reinstate the boycott against Israel was deeply trou-
bling and disappointing;
(3) the Arab League should immediately rescind
its decision on the boycott and its members should de-
velop normal relations with their neighbor Israel; and
(4) the President should—
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(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
firms that have commercial relations with Israel
as a confidence-building measure;
(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel when determining whether
to sell weapons to said country;
(C) report to Congress on the specific steps
being taken by the President to bring about a
public renunciation of the Arab primary boycott
of Israel and the secondary and tertiary boycotts
of American firms that have commercial rela-
tions with Israel and to expand the process of
normalizing ties between Arab League countries
and Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boycott
and penalizing businesses that do comply.
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ANTI-NARCOTICS ACTIVITIES
SEC. 540. Of the funds appropriated or otherwise made
available by this Act for ‘‘Economic Support Fund’’, assist-
ance may be provided to strengthen the administration of
justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of sec-
tion 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in ju-
dicial cases may be conducted notwithstanding section 660
of that Act. Section 534(c) and the second and third sen-
tences of section 534(e) of the Foreign Assistance Act of
1961 are repealed.
ELIGIBILITY FOR ASSISTANCE
SEC. 541. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this
or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of
programs of nongovernmental organizations from funds ap-
propriated by this Act to carry out the provisions of chap-
ters 1, 10, and 11 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961, and from funds appro-
priated under the heading ‘‘Assistance for Eastern Europe
and the Baltic States’’: Provided, That the President shall
take into consideration, in any case in which a restriction
on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovern-
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mental organizations is in the national interest of the
United States: Provided further, That before using the au-
thority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under
the regular notification procedures of those committees, in-
cluding a description of the program to be assisted, the as-
sistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this sub-
section shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2001, re-
strictions contained in this or any other Act with respect
to assistance for a country shall not be construed to restrict
assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or
expended except as provided through the regular notifica-
tion procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision
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of law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign As-
sistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized
human rights.
EARMARKS
SEC. 542. (a) Funds appropriated by this Act which
are earmarked may be reprogrammed for other programs
within the same account notwithstanding the earmark if
compliance with the earmark is made impossible by oper-
ation of any provision of this or any other Act or, with
respect to a country with which the United States has an
agreement providing the United States with base rights or
base access in that country, if the President determines that
the recipient for which funds are earmarked has signifi-
cantly reduced its military or economic cooperation with
the United States since the enactment of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1991; however, before exercising the authority
of this subsection with regard to a base rights or base access
country which has significantly reduced its military or eco-
nomic cooperation with the United States, the President
shall consult with, and shall provide a written policy jus-
tification to the Committees on Appropriations: Provided,
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That any such reprogramming shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That assistance that is repro-
grammed pursuant to this subsection shall be made avail-
able under the same terms and conditions as originally pro-
vided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the Agency for
International Development that are earmarked for par-
ticular programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Adminis-
trator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in cir-
cumstances makes it unlikely that such earmarked funds
can be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 543. Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated
or otherwise made available by any subsequent Act unless
such Act specifically so directs. Earmarks or minimum
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funding requirements contained in any other Act shall not
be applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 544. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of
the enactment of this Act by the Congress: Provided, That
not to exceed $750,000 may be made available to carry out
the provisions of section 316 of Public Law 96–533.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 545. (a) To the maximum extent possible, assist-
ance provided under this Act should make full use of Amer-
ican resources, including commodities, products, and serv-
ices.
(b) It is the sense of the Congress that, to the greatest
extent practicable, all agriculture commodities, equipment
and products purchased with funds made available in this
Act should be American-made.
(c) In providing financial assistance to, or entering
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (b) by
the Congress.
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(d) The Secretary of the Treasury shall report to Con-
gress annually on the efforts of the heads of each Federal
agency and the United States directors of international fi-
nancial institutions (as referenced in section 514) in com-
plying with this sense of the Congress.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 546. None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961, the costs for participation of another
country’s delegation at international conferences held under
the auspices of multilateral or international organizations.
CONSULTING SERVICES
SEC. 547. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
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PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 548. None of the funds appropriated or made
available pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the audit-
ing requirements of the Agency for International Develop-
ment.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIPMENT
TO
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 549. (a) None of the funds appropriated or other-
wise made available by this Act may be available to any
foreign government which provides lethal military equip-
ment to a country the government of which the Secretary
of State has determined is a terrorist government for pur-
poses of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign gov-
ernment shall terminate 12 months after that government
ceases to provide such military equipment. This section ap-
plies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
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(c) Whenever the waiver of subsection (b) is exercised,
the President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed expla-
nation of the assistance to be provided, including the esti-
mated dollar amount of such assistance, and an expla-
nation of how the assistance furthers United States national
interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED
BY FOREIGN COUNTRIES
SEC. 550. (a) IN GENERAL.—Of the funds made avail-
able for a foreign country under part I of the Foreign As-
sistance Act of 1961, an amount equivalent to 110 percent
of the total unpaid fully adjudicated parking fines and pen-
alties owed to the District of Columbia by such country as
of the date of the enactment of this Act shall be withheld
from obligation for such country until the Secretary of State
certifies and reports in writing to the appropriate congres-
sional committees that such fines and penalties are fully
paid to the government of the District of Columbia.
(b) DEFINITION.—For purposes of this section, the
term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations and the Committee on Ap-
propriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
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LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST
BANK AND GAZA
SEC. 551. None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the Presi-
dent has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of Pub-
lic Law 104–107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That
if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995
or to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank
and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 552. If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961, as amend-
ed, of up to $30,000,000 of commodities and services for
the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Se-
curity Council or such other tribunals or commissions as
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the Council may establish to deal with such violations,
without regard to the ceiling limitation contained in para-
graph (2) thereof: Provided, That the determination re-
quired under this section shall be in lieu of any determina-
tions otherwise required under section 552(c): Provided fur-
ther, That 60 days after the date of the enactment of this
Act, and every 180 days thereafter until September 30,
2001, the Secretary of State shall submit a report to the
Committees on Appropriations describing the steps the
United States Government is taking to collect information
regarding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tri-
bunal for the former Yugoslavia: Provided further, That the
drawdown made under this section for any tribunal shall
not be construed as an endorsement or precedent for the es-
tablishment of any standing or permanent international
criminal tribunal or court: Provided further, That funds
made available for tribunals other than Yugoslavia or
Rwanda shall be made available subject to the regular noti-
fication procedures of the Committees on Appropriations.
LANDMINES
SEC. 553. Notwithstanding any other provision of law,
demining equipment available to the Agency for Inter-
national Development and the Department of State and
used in support of the clearance of landmines and
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unexploded ordnance for humanitarian purposes may be
disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may pre-
scribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 554. None of the funds appropriated by this Act
may be obligated or expended to create in any part of Jeru-
salem a new office of any department or agency of the
United States Government for the purpose of conducting of-
ficial United States Government business with the Pales-
tinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided fur-
ther, That meetings between officers and employees of the
United States and officials of the Palestinian Authority, or
any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business
with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past,
officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in
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the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 555. None of the funds appropriated or otherwise
made available by this Act under the headings ‘‘Inter-
national Military Education and Training’’ or ‘‘Foreign
Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Global Health’’, ‘‘Develop-
ment Assistance’’, and ‘‘Economic Support Fund’’ may be
obligated or expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events and amusement
parks.
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES
SEC. 556. Direct costs associated with meeting a for-
eign customer’s additional or unique requirements will con-
tinue to be allowable under contracts under section 22(d)
of the Arms Export Control Act. Loadings applicable to
such direct costs shall be permitted at the same rates appli-
cable to procurement of like items purchased by the Depart-
ment of Defense for its own use.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 557. (a) AUTHORITY TO REDUCE DEBT.—The
President may reduce amounts owed to the United States
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(or any agency of the United States) by an eligible country
as a result of—
(1) guarantees issued under sections 221 and 222
of the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under
the Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f ) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89–808), or section
202 of the Agricultural Trade Act of 1978, as amend-
ed (Public Law 95–501).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, commonly
referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such ex-
tent as is provided in advance by appropriations
Acts.
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(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to funds
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appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduc-
tion of debt pursuant to subsection (a) shall not be consid-
ered assistance for purposes of any provision of law lim-
iting assistance to a country. The authority provided by
subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321
of the International Development and Food Assistance Act
of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 558. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
concessional loan or portion thereof made before Jan-
uary 1, 1995, pursuant to the Foreign Assistance Act
of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel
such loan or portion thereof, only for the purpose of
facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
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(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not less
than 40 percent of the price paid for such debt
by such eligible country, or the difference between
the price paid for such debt and the face value
of such debt, to support activities that link con-
servation and sustainable use of natural re-
sources with local community development, and
child survival and other child development, in a
manner consistent with sections 707 through 710
of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene
any term or condition of any prior agreement
relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
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Foreign Assistance Act of 1961 of purchasers that the
President has determined to be eligible, and shall di-
rect such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make an adjustment in its accounts to
reflect the sale, reduction, or cancellation.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pur-
suant to subsection (a)(1)(A) only to a purchaser who pre-
sents plans satisfactory to the President for using the loan
for the purpose of engaging in debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any
eligible purchaser, or any reduction or cancellation pursu-
ant to this section, of any loan made to an eligible country,
the President should consult with the country concerning
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the amount of loans to be sold, reduced, or canceled and
their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided
by subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ‘‘Debt Restruc-
turing’’.
ASSISTANCE FOR HAITI
SEC. 559. None of the funds made available by this
or any previous appropriations Act for foreign operations,
export financing and related programs shall be made avail-
able to the Government of Haiti until the Secretary of State
reports to the Committees on Appropriations that Haiti has
held free and fair elections to seat a new parliament.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN
REPORT OF SECRETARY OF STATE
SEC. 560. (a) FOREIGN AID REPORTING REQUIRE-
MENT.—In addition to the voting practices of a foreign
country, the report required to be submitted to Congress
under section 406(a) of the Foreign Relations Authorization
Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall
include a side-by-side comparison of individual countries’
overall support for the United States at the United Nations
and the amount of United States assistance provided to
such country in fiscal year 1999.
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(b) UNITED STATES ASSISTANCE.—For purposes of
this section, the term ‘‘United States assistance’’ has the
meaning given the term in section 481(e)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED
NATIONS AGENCIES
SEC. 561. (a) PROHIBITION
ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the funds
appropriated by this Act may be made available to pay
any voluntary contribution of the United States to the
United Nations (including the United Nations Development
Program) if the United Nations implements or imposes any
taxation on any United States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF
FUNDS.—None of the funds appropriated by this Act may
be made available to pay any voluntary contribution of the
United States to the United Nations (including the United
Nations Development Program) unless the President cer-
tifies to the Congress 15 days in advance of such payment
that the United Nations is not engaged in any effort to im-
plement or impose any taxation on United States persons
in order to raise revenue for the United Nations or any
of its specialized agencies.
(c) DEFINITIONS.—As used in this section the term
‘‘United States person’’ refers to—
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(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal en-
tity organized under the United States or any State,
territory, possession, or district of the United States.
HAITI NATIONAL POLICE AND COAST GUARD
SEC. 562. The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the civil-
ian-led Haitian National Police and Coast Guard: Pro-
vided, That the authority provided by this section shall be
subject to the regular notification procedures of the Commit-
tees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 563. (a) PROHIBITION OF FUNDS.—None of the
funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate that waiving such prohibi-
tion is important to the national security interests of the
United States.
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(c) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er pursuant to subsection (b) shall be effective for no more
than a period of 6 months at a time and shall not apply
beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 564. None of the funds made available by this
Act may be provided to any unit of the security forces of
a foreign country if the Secretary of State has credible evi-
dence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
of such country is taking effective measures to bring the re-
sponsible members of the security forces unit to justice: Pro-
vided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit
of the security forces of a foreign country not credibly al-
leged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
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RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING
SANCTUARY TO INDICTED WAR CRIMINALS
SEC. 565. (a) BILATERAL ASSISTANCE.—None of the
funds made available by this or any prior Act making ap-
propriations for foreign operations, export financing and
related programs, may be provided for any country, entity
or municipality described in subsection (e).
(b) MULTILATERAL ASSISTANCE.—
(1) PROHIBITION.—The Secretary of the Treas-
ury shall instruct the United States executive direc-
tors of the international financial institutions to work
in opposition to, and vote against, any extension by
such institutions of any financial or technical assist-
ance or grants of any kind to any country or entity
described in subsection (e).
(2) NOTIFICATION.—Not less than 15 days before
any vote in an international financial institution re-
garding the extension of financial or technical assist-
ance or grants to any country or entity described in
subsection (e), the Secretary of the Treasury, in con-
sultation with the Secretary of State, shall provide to
the Committee on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on Banking
and Financial Services of the House of Representa-
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tives a written justification for the proposed assist-
ance, including an explanation of the United States
position regarding any such vote, as well as a de-
scription of the location of the proposed assistance by
municipality, its purpose, and its intended bene-
ficiaries.
(3) DEFINITION.—The term ‘‘international fi-
nancial institution’’ includes the International Mone-
tary Fund, the International Bank for Reconstruction
and Development, the International Development As-
sociation, the International Finance Corporation, the
Multilateral Investment Guaranty Agency, and the
European Bank for Reconstruction and Development.
(c) EXCEPTIONS.—
(1) IN GENERAL.—Subject to paragraph (2), sub-
sections (a) and (b) shall not apply to the provision
of—
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical in-
frastructure projects involving activities in both
a sanctioned country, entity, or municipality
and a nonsanctioned contiguous country, entity,
or municipality, if the project is primarily lo-
cated in and primarily benefits the nonsanc-
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tioned country, entity, or municipality and if
the portion of the project located in the sanc-
tioned country, entity, or municipality is nec-
essary only to complete the project;
(D) small-scale assistance projects or activi-
ties requested by United States Armed Forces
that promote good relations between such forces
and the officials and citizens of the areas in the
United States SFOR sector of Bosnia;
(E) implementation of the Brcko Arbitral
Decision;
(F) lending by the international financial
institutions to a country or entity to support
common monetary and fiscal policies at the na-
tional level as contemplated by the Dayton
Agreement;
(G) direct lending to a non-sanctioned enti-
ty, or lending passed on by the national govern-
ment to a non-sanctioned entity; or
(H) assistance to the International Police
Task Force for the training of a civilian police
force.
(I) assistance to refugees and internally dis-
placed persons returning to their homes in Bos-
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nia from which they had been forced to leave on
the basis of their ethnicity.
(2) NOTIFICATION.—Every 60 days the Secretary
of State, in consultation with the Administrator of
the Agency for International Development, shall pub-
lish in the Federal Register and/or in a comparable
publicly accessible document or Internet site, a listing
and justification of any assistance that is obligated
within that period of time for any country, entity, or
municipality described in subsection (e), including a
description of the purpose of the assistance, project
and its location, by municipality.
(d) FURTHER LIMITATIONS.—Notwithstanding sub-
section (c)—
(1) no assistance may be made available by this
Act, or any prior Act making appropriations for for-
eign operations, export financing and related pro-
grams, in any country, entity, or municipality de-
scribed in subsection (e), for a program, project, or
activity in which a publicly indicted war criminal is
known to have any financial or material interest; and
(2) no assistance (other than emergency foods or
medical assistance or demining assistance) may be
made available by this Act, or any prior Act making
appropriations for foreign operations, export financ-
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ing and related programs for any program, project,
or activity in any sanctioned country, entity, or mu-
nicipality described in subsection (e) in which a per-
son publicly indicted by the Tribunal is in residence
or is engaged in extended activity and competent
local authorities have failed to notify the Tribunal or
failed to take necessary and significant steps to ap-
prehend and transfer such persons to the Tribunal or
in which competent local authorities have obstructed
the work of the Tribunal.
(e) SANCTIONED
COUNTRY, ENTITY, OR
MUNICI-
PALITY.—A sanctioned country, entity, or municipality de-
scribed in this section is one whose competent authorities
have failed, as determined by the Secretary of State, to take
necessary and significant steps to apprehend and transfer
to the Tribunal all persons who have been publicly indicted
by the Tribunal.
(f) SPECIAL RULE.—Subject to subsection (d), sub-
sections (a) and (b) shall not apply to the provision of as-
sistance to an entity that is not a sanctioned entity, not-
withstanding that such entity may be within a sanctioned
country, if the Secretary of State determines and so reports
to the appropriate congressional committees that providing
assistance to that entity would promote peace and inter-
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nationally recognized human rights by encouraging that en-
tity to cooperate fully with the Tribunal.
(g) CURRENT RECORD OF WAR CRIMINALS AND SANC-
TIONED COUNTRIES, ENTITIES, AND MUNICIPALITIES.—
(1) IN GENERAL.—The Secretary of State shall
establish and maintain a current record of the loca-
tion, including the municipality, if known, of pub-
licly indicted war criminals and a current record of
sanctioned countries, entities, and municipalities.
(2) INFORMATION OF THE DCI AND THE SEC-
RETARY OF DEFENSE.—The Director of Central Intel-
ligence and the Secretary of Defense should collect and
provide to the Secretary of State information con-
cerning the location, including the municipality, of
publicly indicted war criminals.
(3) INFORMATION OF THE TRIBUNAL.—The Sec-
retary of State shall request that the Tribunal and
other international organizations and governments
provide the Secretary of State information concerning
the location, including the municipality, of publicly
indicted war criminals and concerning country, enti-
ty and municipality authorities known to have ob-
structed the work of the Tribunal.
(4) REPORT.—Beginning 30 days after the date
of the enactment of this Act, and not later than Sep-
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tember 1 each year thereafter, the Secretary of State
shall submit a report in classified and unclassified
form to the appropriate congressional committees on
the location, including the municipality, if known, of
publicly indicted war criminals, on country, entity
and municipality authorities known to have ob-
structed the work of the Tribunal, and on sanctioned
countries, entities, and municipalities.
(5) INFORMATION TO CONGRESS.—Upon the re-
quest of the chairman or ranking minority member of
any of the appropriate congressional committees, the
Secretary of State shall make available to that com-
mittee the information recorded under paragraph (1)
in a report submitted to the committee in classified
and unclassified form.
(h) WAIVER.—
(1) IN GENERAL.—The Secretary of State may
waive the application of subsection (a) or subsection
(b) with respect to specified bilateral programs or
international financial institution projects or pro-
grams in a sanctioned country, entity, or munici-
pality upon providing a written determination to the
Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International
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Relations of the House of Representatives that such
assistance directly supports the implementation of the
Dayton Agreement and its Annexes, which include the
obligation to apprehend and transfer indicted war
criminals to the Tribunal.
(2) REPORT.—Not later than 15 days after the
date of any written determination under paragraph
(1) the Secretary of State shall submit a report to the
Committees on Appropriations and Foreign Relations
and the Select Committee on Intelligence of the Senate
and the Committees on Appropriations and Inter-
national Relations and the Permanent Select Com-
mittee on Intelligence of the House of Representatives
regarding the status of efforts to secure the voluntary
surrender or apprehension and transfer of persons in-
dicted by the Tribunal, in accordance with the Day-
ton Agreement, and outlining obstacles to achieving
this goal.
(3) ASSISTANCE PROGRAMS AND PROJECTS AF-
FECTED.—Any waiver made pursuant to this sub-
section shall be effective only with respect to a speci-
fied bilateral program or multilateral assistance
project or program identified in the determination of
the Secretary of State to Congress.
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(i) TERMINATION OF SANCTIONS.—The sanctions im-
posed pursuant to subsections (a) and (b) with respect to
a country or entity shall cease to apply only if the Secretary
of State determines and certifies to Congress that the au-
thorities of that country, entity, or municipality have ap-
prehended and transferred to the Tribunal all persons who
have been publicly indicted by the Tribunal.
(j) DEFINITIONS.—As used in this section—
(1) COUNTRY.—The term ‘‘country’’ means Bos-
nia-Herzegovina, Croatia, and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the
Federation of Bosnia and Herzegovina, Kosova, Mon-
tenegro, and the Republika Srpska.
(3) DAYTON
AGREEMENT.—The term ‘‘Dayton
Agreement’’ means the General Framework Agreement
for Peace in Bosnia and Herzegovina, together with
annexes relating thereto, done at Dayton, November
10 through 16, 1995.
(4) TRIBUNAL.—The term ‘‘Tribunal’’ means the
International Criminal Tribunal for the Former
Yugoslavia.
(k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND
GOVERNMENT AGENCIES.—In carrying out this section, the
Secretary of State, the Administrator of the Agency for
International Development, and the executive directors of
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Training’’ and ‘‘Foreign Military Financing Program’’
may be made available to the Government of Indonesia if
the President determines and submits a report to the appro-
priate congressional committees that the Government of In-
donesia and the Indonesian Armed Forces are—
(1) taking effective measures to bring to justice mem-
bers of the armed forces and militia groups against whom
there is credible evidence of human rights violations;
(2) taking effective measures to bring to justice mem-
bers of the armed forces against whom there is credible evi-
dence of aiding or abetting militia groups;
(3) allowing displaced persons and refugees to return
home to East Timor, including providing safe passage for
refugees returning from West Timor;
(4) not impeding the activities of the United Nations
Transitional Authority in East Timor;
(5) demonstrating a commitment to preventing incur-
sions into East Timor by members of militia groups in
West Timor; and
(6) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of mem-
bers of the Indonesian Armed Forces and militia groups
responsible for human rights violations in Indonesia and
East Timor.