IB
106TH CONGRESS
2D SESSION
H. R. 4811
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2000
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2001, and for other pur-
poses, namely:
TITLE I—EXPORT AND INVESTMENT
ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
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tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than
a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligi-
ble to receive economic or military assistance under this
Act that has detonated a nuclear explosive after the date
of the enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
$825,000,000 (reduced by $82,500,000) to remain avail-
able until September 30, 2004: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall remain
available until September 30, 2019 for the disbursement
of direct loans, loan guarantees, insurance and tied-aid
grants obligated in fiscal years 2001, 2002, 2003, and
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2004: Provided further, That none of the funds appro-
priated by this Act or any prior Act appropriating funds
for foreign operations, export financing, or related pro-
grams for tied-aid credits or grants may be used for any
other purpose except through the regular notification pro-
cedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are
made available notwithstanding section 2(b)(2) of the Ex-
port Import Bank Act of 1945, in connection with the pur-
chase or lease of any product by any East European coun-
try, any Baltic State or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted on an accrual basis), including hire of passenger
motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Di-
rectors, $62,000,000 (reduced by $7,000,000): Provided,
That necessary expenses (including special services per-
formed on a contract or fee basis, but not including other
personal services) in connection with the collection of mon-
eys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-
Import Bank, or the investigation or appraisal of any
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property, or the evaluation of the legal or technical aspects
of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, shall
be considered nonadministrative expenses for the purposes
of this heading: Provided further, That, notwithstanding
subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect
until October 1, 2001.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and
commitments within the limits of funds available to it and
in accordance with law as may be necessary: Provided,
That the amount available for administrative expenses to
carry out the credit and insurance programs (including an
amount for official reception and representation expenses
which
shall
not
exceed
$35,000)
shall
not
exceed
$37,000,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated
with services provided to specific investors or potential in-
vestors pursuant to section 234 of the Foreign Assistance
Act of 1961, shall not be considered administrative ex-
penses for the purposes of this heading.
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PROGRAM ACCOUNT
For
the
cost
of
direct
and
guaranteed
loans,
$24,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961 to be derived by transfer from the
Overseas Private Investment Corporation noncredit ac-
count: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That such sums shall be available for direct loan obli-
gations and loan guaranty commitments incurred or made
during fiscal years 2001 and 2002: Provided further, That
such sums shall remain available through fiscal year 2010
for the disbursement of direct and guaranteed loans obli-
gated in fiscal years 2001 and 2002: Provided further,
That in addition, such sums as may be necessary for ad-
ministrative expenses to carry out the credit program may
be derived from amounts available for administrative ex-
penses to carry out the credit and insurance programs in
the Overseas Private Investment Corporation Noncredit
Account and merged with said account: Provided further,
That funds made available under this heading or in prior
appropriations Acts that are available for the cost of fi-
nancing under section 234 of the Foreign Assistance Act
of 1961, shall be available for purposes of section 234(g)
of such Act, to remain available until expended.
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FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions
of section 661 of the Foreign Assistance Act of 1961,
$46,000,000, to remain available until September 30,
2002.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to
carry out the provisions of the Foreign Assistance Act of
1961, and for other purposes, to remain available until
September 30, 2001, unless otherwise specified herein, as
follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND
For necessary expenses to carry out the provisions
of chapters 1 and 10 of part I of the Foreign Assistance
Act of 1961, for child survival, basic education, assistance
to combat tropical and other infectious diseases, and re-
lated activities, in addition to funds otherwise available for
such purposes, $834,000,000 (increased by $10,000,000)
(increased by $42,000,000), to remain available until ex-
pended: Provided, That this amount shall be made avail-
able for such activities as: (1) immunization programs; (2)
oral rehydration programs; (3) health and nutrition pro-
grams, and related education programs, which address the
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needs of mothers and children; (4) water and sanitation
programs; (5) assistance for displaced and orphaned chil-
dren; (6) programs for the prevention, treatment, and con-
trol of, and research on, tuberculosis, HIV/AIDS, polio,
malaria and other infectious diseases; and (7) basic edu-
cation programs for children: Provided further, That none
of the funds appropriated under this heading may be made
available for nonproject assistance, except that funds may
be made available for such assistance for ongoing health
programs: Provided further, of the funds appropriated
under this heading, not to exceed $125,000, in addition
to funds otherwise available for such purposes, may be
used to monitor and provide oversight of child survival,
maternal health, and infectious disease programs: Pro-
vided further, That the following amounts should be allo-
cated as follows: $290,000,000 for child survival and ma-
ternal
health;
$30,000,000
for
vulnerable
children;
$202,000,000 (increased by $10,000,000) (increased by
$42,000,000) for HIV/AIDS; $99,000,000 for other infec-
tious diseases; $103,000,000 for children’s basic edu-
cation; and $110,000,000 for UNICEF: Provided further,
That of the funds appropriated under this heading, up to
$37,500,000 may be made available for a United States
contribution to the Global Fund for Children’s Vaccines.
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DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions
of sections 103 through 106, and chapter 10 of part I
of the Foreign Assistance Act of 1961, title V of the Inter-
national Security and Development Cooperation Act of
1980 (Public Law 96–533) and the provisions of section
401
of
the
Foreign
Assistance
Act
of
1969,
$1,258,000,000, to remain available until September 30,
2002: Provided, That of the amount appropriated under
this heading, up to $10,000,000 may be made available
for and apportioned directly to the Inter-American Foun-
dation: Provided further, That of the amount appropriated
under this heading, up to $16,000,000 may be made avail-
able for the African Development Foundation and shall
be apportioned directly to that agency: Provided further,
That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may
be made available to any organization or program which,
as determined by the President of the United States, sup-
ports or participates in the management of a program of
coercive abortion or involuntary sterilization: Provided fur-
ther, That none of the funds made available under this
heading may be used to pay for the performance of abor-
tion as a method of family planning or to motivate or co-
erce any person to practice abortions; and that in order
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to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such vol-
untary family planning project shall meet the following re-
quirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number
of family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be con-
strued to include the use of quantitative estimates or indi-
cators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in ex-
change for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or
quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or ben-
efit, including the right of access to participate in any pro-
gram of general welfare or the right of access to health
care, as a consequence of any individual’s decision not to
accept family planning services; (4) the project shall pro-
vide family planning acceptors comprehensible information
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on the health benefits and risks of the method chosen, in-
cluding those conditions that might render the use of the
method inadvisable and those adverse side effects known
to be consequent to the use of the method; and (5) the
project shall ensure that experimental contraceptive drugs
and devices and medical procedures are provided only in
the context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the Administrator of the
United States Agency for International Development de-
termines that there has been a violation of the require-
ments contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the re-
quirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Appropriations
of the Senate, a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural
family planning under section 104 of the Foreign Assist-
ance Act of 1961 no applicant shall be discriminated
against because of such applicant’s religious or conscien-
tious commitment to offer only natural family planning;
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and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further,
That for purposes of this or any other Act authorizing
or appropriating funds for foreign operations, export fi-
nancing, and related programs, the term ‘‘motivate’’, as
it relates to family planning assistance, shall not be con-
strued to prohibit the provision, consistent with local law,
of information or counseling about all pregnancy options:
Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assist-
ance Act of 1961: Provided further, That none of the funds
appropriated under this heading may be made available
for any activity which is in contravention to the Conven-
tion on International Trade in Endangered Species of
Flora and Fauna (CITES): Provided further, That of the
funds appropriated under this heading that are made
available for assistance programs for displaced and or-
phaned children and victims of war, not to exceed
$25,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight
of such programs.
LEBANON
Of the funds appropriated under the headings ‘‘De-
velopment Assistance’’ and ‘‘Economic Support Fund’’,
not less than $18,000,000 should be made available for
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Lebanon to be used, among other programs, for scholar-
ships and direct support of the American educational insti-
tutions in Lebanon.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made
available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development organi-
zation, which obtains less than 20 percent of its total an-
nual funding for international activities from sources other
than the United States Government: Provided, That the
Administrator of the Agency for International Develop-
ment, after notification to the Committees on Appropria-
tions, may, on a case-by-case basis, waive the restriction
contained in this paragraph, after taking into account the
effectiveness of the overseas development activities of the
organization, its level of volunteer support, its financial
viability and stability, and the degree of its dependence
for its financial support on the agency.
Funds appropriated or otherwise made available
under title II of this Act should be made available to pri-
vate and voluntary organizations at a level which is at
least equivalent to the level provided in fiscal year 1995.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
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to section 491 of the Foreign Assistance Act of 1961, as
amended, $165,000,000, to remain available until ex-
pended.
TRANSITION INITIATIVES
For necessary expenses for international disaster re-
habilitation and reconstruction assistance pursuant to sec-
tion
491
of
the
Foreign
Assistance
Act
of
1961,
$40,000,000, to remain available until expended, to sup-
port transition to democracy and to long-term develop-
ment of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve
democratic institutions and processes, revitalize basic in-
frastructure, and foster the peaceful resolution of conflict:
Provided further, That the United States Agency for Inter-
national Development shall submit a report to the Com-
mittees on Appropriations at least 5 days prior to begin-
ning a program of assistance.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961: Provided, That such costs shall
be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That guarantees of loans
made under this heading in support of microenterprise ac-
tivities may guarantee up to 70 percent of the principal
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amount of any such loans notwithstanding section 108 of
the Foreign Assistance Act of 1961. In addition, for ad-
ministrative expenses to carry out programs under this
heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided fur-
ther, That funds made available under this heading shall
remain available until September 30, 2002.
DEVELOPMENT CREDIT PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 635 of the Foreign
Assistance Act of 1961: Provided, That such funds shall
be made available only for urban and environmental pro-
grams: Provided further, That for the cost of direct loans
and loan guarantees, up to $2,000,000 of funds appro-
priated by this Act under the heading ‘‘Development As-
sistance’’, may be transferred to and merged with funds
appropriated under this heading to be made available for
the purposes of part I of the Foreign Assistance Act of
1961: Provided further, That such costs shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Develop-
ment Credit Authority) of the Foreign Assistance Act of
1961, as contained in section 306 of H.R. 1486 as re-
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ported by the House Committee on International Relations
on May 9, 1997, shall be applicable to direct loans and
loan guarantees provided under this heading. In addition,
for administrative expenses to carry out credit programs
administered by the Agency for International Develop-
ment, $6,495,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided fur-
ther, That funds appropriated under this heading shall re-
main available until September 30, 2002.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the ‘‘Foreign Service Retirement and
Disability Fund’’, as authorized by the Foreign Service
Act of 1980, $44,489,000.
OPERATING EXPENSES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions
of section 667, $509,000,000: Provided, That, none of the
funds appropriated under this heading may be made avail-
able to finance the construction (including architect and
engineering services), purchase, or long term lease of of-
fices for use by the Agency for International Development,
unless the Administrator has identified such proposed con-
struction (including architect and engineering services),
purchase, or long term lease of offices in a report sub-
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mitted to the Committees on Appropriations at least 15
days prior to the obligation of these funds for such pur-
poses: Provided further, That the previous proviso shall
not apply where the total cost of construction (including
architect and engineering services), purchase, or long term
lease of offices does not exceed $1,000,000.
OPERATING
EXPENSES
OF
THE
AGENCY
FOR
INTER-
NATIONAL
DEVELOPMENT
OFFICE
OF
INSPECTOR
GENERAL
For necessary expenses to carry out the provisions
of section 667, $27,000,000, to remain available until Sep-
tember 30, 2002, which sum shall be available for the Of-
fice of the Inspector General of the Agency for Inter-
national Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions
of chapter 4 of part II, $2,208,900,000, to remain avail-
able until September 30, 2002: Provided, That of the
funds appropriated under this heading, not to exceed
$840,000,000 shall be available only for Israel, which sum
shall be available on a grant basis as a cash transfer and
shall be disbursed within 30 days of the enactment of this
Act or by October 31, 2000, whichever is later: Provided
further, That not to exceed $695,000,000 shall be avail-
able only for Egypt, which sum shall be provided on a
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grant basis, and of which sum cash transfer assistance
shall be provided with the understanding that Egypt will
undertake significant economic reforms which are addi-
tional to those which were undertaken in previous fiscal
years: Provided further, That in exercising the authority
to provide cash transfer assistance for Israel, the Presi-
dent shall ensure that the level of such assistance does
not cause an adverse impact on the total level of non-
military exports from the United States to such country
and that Israel enters into a side letter agreement at least
equivalent to the fiscal year 1999 agreement: Provided fur-
ther, That of the funds appropriated under this heading
not less than $12,000,000 should be made available for
assistance for Mongolia: Provided further, That none of
the funds appropriated under this heading shall be obli-
gated for regional or global programs, except as provided
through the regular notification procedures of the Com-
mittees on Appropriations.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of
1961, $25,000,000, which shall be available for the United
States contribution to the International Fund for Ireland
and shall be made available in accordance with the provi-
sions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99–415): Provided, That such amount shall
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be expended at the minimum rate necessary to make time-
ly payment for projects and activities: Provided further,
That funds made available under this heading shall re-
main available until September 30, 2002.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
(a) For necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989,
$535,000,000, to remain available until September 30,
2002, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs
for Eastern Europe and the Baltic States: Provided, That
of the funds appropriated under this heading not less than
$5,000,000 should be made available for assistance for the
Baltic States: Provided further, That funds made available
for assistance for Kosovo from funds appropriated under
this heading and under the headings ‘‘Economic Support
Fund’’ and ‘‘International Narcotics Control and Law En-
forcement’’ shall not exceed 15 percent of the total re-
sources pledged by all donors for calendar year 2001 for
assistance for Kosovo as of January 1, 2001, and shall
not exceed $150,000,000: Provided further, That none of
the funds made available under this Act for assistance for
Kosovo shall be made available for large scale physical in-
frastructure reconstruction.
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(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available
for an Enterprise Fund may be deposited by such Fund
in interest-bearing accounts prior to the Fund’s disburse-
ment of such funds for program purposes. The Fund may
retain for such program purposes any interest earned on
such deposits without returning such interest to the Treas-
ury of the United States and without further appropria-
tion 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.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for
the use of economic assistance.
(d) None of the funds appropriated under this head-
ing may be made available for new housing construction
or repair or reconstruction of existing housing in Bosnia
and Herzegovina unless directly related to the efforts of
United States troops to promote peace in said country.
(e) With regard to funds appropriated under this
heading for the economic revitalization program in Bosnia
and Herzegovina, and local currencies generated by such
funds (including the conversion of funds appropriated
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under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned
or repaid under such program) the Administrator of the
Agency for International Development shall provide writ-
ten approval for grants and loans prior to the obligation
and expenditure of funds for such purposes, and prior to
the use of funds that have been returned or repaid to any
lending facility or grantee.
(f ) The provisions of section 532 of this Act shall
apply to funds made available under subsection (e) and
to funds appropriated under this heading: Provided, That
notwithstanding this subsection and subsection (e), and
notwithstanding section 532 of this Act, local currencies
generated by, or converted from, funds appropriated by
this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bos-
nia may be used in Eastern Europe and the Baltic States
to carry out the provisions of the Foreign Assistance Act
of 1961 and the Support for East European Democracy
(SEED) Act of 1989: Provided further, That the use of
such local currencies shall be subject to the regular notifi-
cation procedures of the Committees on Appropriations.
(g) The President is authorized to withhold funds ap-
propriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
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determines and certifies to the Committees on Appropria-
tions that the Federation of Bosnia and Herzegovina has
not complied with article III of annex 1–A of the General
Framework
Agreement
for
Peace
in
Bosnia
and
Herzegovina concerning the withdrawal of foreign forces,
and that intelligence cooperation on training, investiga-
tions, and related activities between Iranian officials and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions
of chapters 11 and 12 of part I of the Foreign Assistance
Act of 1961 and the FREEDOM Support Act, for assist-
ance for the Independent States of the former Soviet
Union and for related programs, $740,000,000, to remain
available until September 30, 2002: Provided, That the
provisions of such chapters shall apply to funds appro-
priated by this paragraph: Provided further, That such
sums as may be necessary may be transferred to the Ex-
port-Import Bank of the United States for the cost of any
financing under the Export-Import Bank Act of 1945 for
activities for the Independent States: Provided further,
That of the funds made available for the Southern
Caucasus region, 15 percent should be used for con-
fidence-building measures and other activities in further-
ance of the peaceful resolution of the regional conflicts,
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especially those in the vicinity of Abkhazia and Nagorno-
Karabagh.
(b) Of the funds appropriated under this heading, not
less than 12.5 percent should be made available for assist-
ance for Georgia.
(c) Of the funds appropriated under this heading, not
less than 12.5 percent should be made available for assist-
ance for Armenia.
(d) Section 907 of the FREEDOM Support Act shall
not apply to—
(1) activities to support democracy or assist-
ance under title V of the FREEDOM Support Act
and section 1424 of Public Law 104–201;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee, or
other assistance provided by the Overseas Private
Investment Corporation under title IV of chapter 2
of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
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(5) any financing provided under the Export-
Import Bank Act of 1945; or
(6) humanitarian assistance.
(e) Not more than 25 percent of the funds appro-
priated under this heading may be made available for as-
sistance for any country in the region. Activities author-
ized under title V (nonproliferation and disarmament pro-
grams and activities) of the FREEDOM Support Act shall
not be counted against the 25 percent limitation.
(f)(1) Of the funds appropriated under this heading
that are allocated for assistance for the Government of
the Russian Federation, 50 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Gov-
ernment of the Russian Federation has terminated imple-
mentation of arrangements to provide Iran with technical
expertise, training, technology, or equipment necessary to
develop a nuclear reactor, related nuclear research facili-
ties or programs, or ballistic missile capability.
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases and
child survival activities; and
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Ac-
tivities) of the FREEDOM Support Act.
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(g) None of the funds appropriated under this head-
ing may be made available for assistance for the Govern-
ment of the Russian Federation until the Secretary of
State certifies to the Committees on Appropriations that
the Russian Federation is in compliance with article V of
the Treaty on Conventional Armed Forces in Europe re-
garding forces deployed in the flank zone in and around
Chechnya.
(h) Of the funds appropriated under this heading, not
less than $45,000,000 should be made available, in addi-
tion to funds otherwise available for such purposes, for
assistance for child survival, environmental health, and to
combat infectious diseases, and for related activities.
INDEPENDENT AGENCY
PEACE CORPS
For necessary expenses to carry out the provisions
of the Peace Corps Act (75 Stat. 612), $258,000,000, in-
cluding the purchase of not to exceed five passenger motor
vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appro-
priated under this heading shall be used to pay for abor-
tions: Provided further, That funds appropriated under
this heading shall remain available until September 30,
2002.
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DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
For necessary expenses to carry out section 481 of
the Foreign Assistance Act of 1961, $305,000,000, to re-
main available until expended: Provided, That any funds
made available under this heading for anti-crime programs
and activities shall be made available subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That during fiscal year 2001,
the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, with-
out regard to its restrictions, to receive excess property
from an agency of the United States Government for the
purpose of providing it to a foreign country under chapter
8 of part I of that Act subject to the regular notification
procedures of the Committees on Appropriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary
to enable the Secretary of State to provide, as authorized
by law, contributions to the International Committee of
the Red Cross, assistance to refugees, including contribu-
tions to the International Organization for Migration and
the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs; sala-
ries and expenses of personnel and dependents as author-
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ized by the Foreign Service Act of 1980; allowances as
authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title
5, United States Code, $645,000,000, to remain available
until
expended:
Provided,
That
not
more
than
$14,852,000 shall be available for administrative ex-
penses.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND
For necessary expenses to carry out the provisions
of section 2(c) of the Migration and Refugee Assistance
Act
of
1962,
as
amended
(22
U.S.C.
260(c)),
$12,500,000, to remain available until expended: Pro-
vided, That the funds made available under this heading
are appropriated notwithstanding the provisions contained
in section 2(c)(2) of the Act which would limit the amount
of funds which could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-ter-
rorism and related programs and activities, $241,600,000,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assist-
ance, section 504 of the FREEDOM Support Act for the
Nonproliferation and Disarmament Fund, section 23 of
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the Arms Export Control Act or the Foreign Assistance
Act of 1961 for demining activities, the clearance of
unexploded ordnance, and related activities, notwith-
standing any other provision of law, including activities
implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act
of 1961 for a voluntary contribution to the International
Atomic Energy Agency (IAEA) and a voluntary contribu-
tion to the Korean Peninsula Energy Development Orga-
nization (KEDO), and for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory Commission: Provided, That the Secretary of
State shall inform the Committees on Appropriations at
least 20 days prior to the obligation of funds for the Com-
prehensive Nuclear Test Ban Treaty Preparatory Com-
mission: Provided further, That of this amount not to ex-
ceed $15,000,000, to remain available until expended, may
be made available for the Nonproliferation and Disar-
mament Fund, notwithstanding any other provision of
law, to promote bilateral and multilateral activities relat-
ing to nonproliferation and disarmament: Provided fur-
ther, That such funds may also be used for such countries
other than the Independent States of the former Soviet
Union and international organizations when it is in the
national security interest of the United States to do so:
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Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on Ap-
propriations: Provided further, That funds appropriated
under this heading may be made available for the Inter-
national Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in the
activities of that Agency.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions
of section 129 of the Foreign Assistance Act of 1961 (re-
lating to international affairs technical assistance activi-
ties), $2,000,000, to remain available until expended,
which shall be available nowithstanding any other provi-
sion of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Con-
gressional Budget Act of 1974, of modifying loans and
loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reduc-
ing, or canceling amounts owed to the United States as
a result of concessional loans made to eligible countries,
pursuant to parts IV and V of the Foreign Assistance Act
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of 1961, and of modifying concessional credit agreements
with least developed countries, as authorized under section
411 of the Agricultural Trade Development and Assist-
ance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under
section 572 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 (Public
Law
100–461),
$82,400,000
(increased
by
$155,600,000), to remain available until expended: Pro-
vided, That of this amount, not less than $13,000,000
shall be made available to carry out the provisions of part
V of the Foreign Assistance Act of 1961: Provided further,
That funds appropriated or otherwise made available
under this heading in this Act or under prior appropria-
tions Acts for foreign operations, export financing, and re-
lated programs may be used by the Secretary of the Treas-
ury to pay to the Heavily Indebted Poor Country (HIPC)
Trust Fund administered by the International Bank for
Reconstruction and Development amounts for the benefit
of countries that are eligible for debt reduction pursuant
to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106–113: Provided further,
That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC ini-
tiative by—
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(1) the Inter-American Development Bank;
(2) the African Development Bank; and
(3) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country that is credibly
reported to be engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to de-
velop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that
end: Provided further, That 15 days prior to any agree-
ment by the United States to make payments to the HIPC
Trust Fund for the benefit of any country other than Bo-
livia and Mozambique, the Secretary of the Treasury shall
submit a reprogramming request under the regular notifi-
cation procedures of the Committees on Appropriations:
Provided further, That prior to the payment of any amount
to the HIPC Trust Fund to fund debt reduction by an
international financial institution, the Secretary of the
Treasury shall provide to the Committees on Appropria-
tions, Banking and Financial Services, and International
Relations of the House of Representatives, and the Com-
mittees on Appropriations, Banking, Housing and Urban
Affairs, and Foreign Relations of the Senate—
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(1) a written commitment by the institution
that it will make no new market-rate loans to the
HIPC member country beneficiary for a period of 30
months and no new concessional loans to the HIPC
member country for a period of 9 months; and
(2) full documentation of any commitment by
the HIPC member country to redirect its domestic
budgetary resources from international debt repay-
ments to private or public programs to alleviate pov-
erty and promote economic growth that are addi-
tional to those previously available for such purposes
prior to participation in the enhanced HIPC Initia-
tive:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appro-
priated under this heading: Provided further, That the au-
thority provided by section 572 of Public Law 100–461
may be exercised only with respect to countries that are
eligible to borrow from the International Development As-
sociation, but not from the International Bank for Recon-
struction and Development, commonly referred to as
‘‘IDA-only’’ countries.
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TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961,
$52,500,000 (reduced by $5,250,000), of which up to
$1,000,000 may remain available until expended: Pro-
vided, That the civilian personnel for whom military edu-
cation and training may be provided under this heading
may include civilians who are not members of a govern-
ment whose participation would contribute to improved
civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That funds ap-
propriated under this heading for grant financed military
education and training for Indonesia and Guatemala may
only be available for expanded international military edu-
cation and training and funds made available for Indo-
nesia may only be provided through the regular notifica-
tion procedures of the Committees on Appropriations: Pro-
vided further, That none of the funds appropriated under
this heading may be made available to support grant fi-
nanced military education and training at the School of
the Americas unless the Secretary of Defense certifies that
the instruction and training provided by the School of the
Americas is fully consistent with training and doctrine,
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particularly with respect to the observance of human
rights, provided by the Department of Defense to United
States military students at Department of Defense institu-
tions whose primary purpose is to train United States
military personnel: Provided further, That the Secretary
of Defense shall submit to the Committees on Appropria-
tions, no later than January 15, 2001, a report detailing
the training activities of the School of the Americas and
a general assessment regarding the performance of its
graduates during 1998 and 1999: Provided further, That
none of the funds appropriated under this heading may
be made available to support grant financed military edu-
cation and training at the School of the Americas unless
the Secretary of State, without delegation, certifies that
the instruction and training provided by the School of the
Americas is consistent with United States foreign policy
objectives and helps support the observance of human
rights in Latin America.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the
President to carry out the provisions of section 23 of the
Arms Export Control Act, $3,510,000,000 (reduced by
$200,000,000) (reduced by $42,000,000): Provided, That
of the funds appropriated under this heading, not to ex-
ceed $1,980,000,000 shall be available for grants only for
Israel, and not to exceed $1,300,000,000 shall be made
HR 4811 PP
available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall
be disbursed within 30 days of the enactment of this Act
or by October 31, 2000, whichever is later: Provided fur-
ther, That it is the sense of the Congress that it is very
disturbed by reports that Israel is preparing to provide
China with an airborne radar system that could threaten
both the forces of democratic Taiwan and the United
States in the region surrounding the Taiwan Strait. The
Congress urges Israel to terminate the existing contract
to sell an airborne radar system to the People’s Republic
of China: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this para-
graph shall, as agreed by Israel and the United States,
be available for advanced weapons systems, of which not
less than $520,000,000 should be available for the pro-
curement in Israel of defense articles and defense services,
including research and development: Provided further,
That Foreign Military Financing Program funds esti-
mated to be outlayed for Egypt during fiscal year 2001
shall be disbursed within 30 days of the enactment of this
Act or by October 31, 2000, whichever is later: Provided
further, That funds appropriated by this paragraph shall
be nonrepayable notwithstanding any requirement in sec-
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tion 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with para-
graph (5)(C) of title 31, United States Code, section
1501(a).
None of the funds made available under this heading
shall be available to finance the procurement of defense
articles, defense services, or design and construction serv-
ices that are not sold by the United States Government
under the Arms Export Control Act unless the foreign
country proposing to make such procurements has first
signed an agreement with the United States Government
specifying the conditions under which such procurements
may be financed with such funds: Provided, That all coun-
try and funding level increases in allocations shall be sub-
mitted through the regular notification procedures of sec-
tion 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available
for assistance for Sudan and Liberia: Provided further,
That funds made available under this heading may be
used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and re-
lated activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That none of the funds appropriated
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under this heading shall be available for assistance for
Guatemala: Provided further, That only those countries for
which assistance was justified for the ‘‘Foreign Military
Sales Financing Program’’ in the fiscal year 1989 con-
gressional presentation for security assistance programs
may utilize funds made available under this heading for
procurement of defense articles, defense services or design
and construction services that are not sold by the United
States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary
to make timely payment for defense articles and services:
Provided further, That not more than $30,495,000 of the
funds appropriated under this heading may be obligated
for necessary expenses, including the purchase of pas-
senger motor vehicles for replacement only for use outside
of the United States, for the general costs of admin-
istering military assistance and sales: Provided further,
That not more than $340,000,000 of funds realized pursu-
ant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department
of Defense during fiscal year 2001 pursuant to section
43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notifi-
cation procedures of the Committees on Appropriations:
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Provided further, That none of the funds made available
under this heading shall be available for any non-NATO
country participating in the Partnership for Peace Pro-
gram except through the regular notification procedures
of the Committees on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961,
$117,900,000: Provided, That none of the funds appro-
priated under this heading shall be obligated or expended
except as provided through the regular notification proce-
dures of the Committees on Appropriations.
TITLE IV—MULTILATERAL ECONOMIC
ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global En-
vironment Facility, $35,800,000, to the International
Bank for Reconstruction and Development as trustee for
the Global Environment Facility, by the Secretary of the
Treasury, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION
For payment to the International Development Asso-
ciation by the Secretary of the Treasury, $576,600,000
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(reduced by $10,000,000), to remain available until ex-
pended: Provided: That the Secretary of the Treasury
shall: (1) seek to ensure to the maximum extent possible
that for countries eligible for debt reduction under the en-
hanced Heavily Indebted Poor Country (HIPC) Initiative
that have reached the completion point, the terms of new
assistance by the International Development Association
shall be on grant terms; and (2) submit a report to the
Speaker of the House of Representatives, the President
of the Senate, and the Committees on Appropriations no
later than June 30, 2001, on the progress achieved in
achieving the objective in paragraph (1): Provided further,
That $10,000,000 shall be withheld from obligation until
Congress is in receipt of said report: Provided further,
That in negotiating United States participation in the next
replenishment of the International Development Associa-
tion, the Secretary of the Treasury shall accord high pri-
ority to providing the International Development Associa-
tion with the policy flexibility to provide new grant assist-
ance to countries eligible for debt reduction under the en-
hanced HIPC Initiative.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT
GUARANTEE AGENCY
For payment to the Multilateral Investment Guar-
antee
Agency
by
the
Secretary
of
the
Treasury,
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$4,900,000, for the United States paid-in share of the in-
crease in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL
The United States Governor of the Multilateral In-
vestment Guarantee Agency may subscribe without fiscal
year limitation for the callable capital portion of the
United States share of such capital stock in an amount
not to exceed $24,500,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT
CORPORATION
For payment to the Inter-American Investment Cor-
poration, by the Secretary of the Treasury, $8,000,000,
for the United States share of the increase in subscrip-
tions to capital stock, to remain available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Mul-
tilateral Investment Fund by the Secretary of the Treas-
ury, for the United States contribution to the fund,
$10,000,000, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Develop-
ment Bank Act, as amended, $72,000,000, to remain
available until expended.
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CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by
the Secretary of the Treasury, $3,100,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Develop-
ment Bank may subscribe without fiscal year limitation
for the callable capital portion of the United States share
of such capital stock in an amount not to exceed
$49,574,000.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the African
Development Fund, $72,000,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruc-
tion and Development by the Secretary of the Treasury,
$35,778,717, for the United States share of the paid-in
portion of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank
for Reconstruction and Development may subscribe with-
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out fiscal year limitation to the callable capital portion of
the United States share of such capital stock in an amount
not to exceed $123,237,803.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR
AGRICULTURAL DEVELOPMENT
For the United States contribution by the Secretary
of the Treasury to increase the resources of the Inter-
national Fund for Agricultural Development, $5,000,000,
to remain available until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions
of section 301 of the Foreign Assistance Act of 1961, and
of section 2 of the United Nations Environment Program
Participation Act of 1973, $183,000,000: Provided, That
none of the funds appropriated under this heading shall
be made available for the United Nations Fund for
Science and Technology: Provided further, That not less
than $5,000,000 should be made available to the World
Food Program: Provided further, That none of the funds
appropriated under this heading may be made available
to the Korean Peninsula Energy Development Organiza-
tion (KEDO) or the International Atomic Energy Agency
(IAEA).
HR 4811 PP
TITLE V—GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled
‘‘International Disaster Assistance’’, and ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, not
more than 15 percent of any appropriation item made
available by this Act shall be obligated during the last
month of availability.
PROHIBITION OF BILATERAL FUNDING FOR
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 502. Notwithstanding section 614 of the For-
eign Assistance Act of 1961, none of the funds contained
in title II of this Act may be used to carry out the provi-
sions of section 209(d) of the Foreign Assistance Act of
1961: Provided, 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 fi-
nancial institution (as defined in section 533 of this Act)
for the purpose of repaying a foreign country’s loan obliga-
tions to such institution.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $126,500 shall
be for official residence expenses of the Agency for Inter-
national Development during the current fiscal year: Pro-
vided, That appropriate steps shall be taken to assure
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that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $5,000 shall be
for entertainment expenses of the Agency for International
Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made avail-
able pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this
Act for general costs of administering military assistance
and sales under the heading ‘‘Foreign Military Financing
Program’’, not to exceed $2,000 shall be available for en-
tertainment 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 ‘‘International 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 Inter-American Foundation,
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not to exceed $2,000 shall be available for entertainment
and representation 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 enter-
tainment 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 avail-
able for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made
available (other than funds for ‘‘Nonproliferation, Anti-
terrorism, 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 finance the export of nuclear equipment, fuel, or tech-
nology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 507. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance or repara-
tions to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the pro-
hibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Im-
port Bank or its agents.
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MILITARY COUPS
SEC. 508. None of the funds appropriated or other-
wise made available pursuant to this Act shall be obligated
or expended to finance directly any assistance to any coun-
try whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such country if the President determines and
reports to the Committees on Appropriations that subse-
quent 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
specifically provided for in this Act, unless the President,
prior to the exercise of any authority contained in the For-
eign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations of the House of Represent-
atives and the Senate.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. 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 pur-
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pose under any authority applicable to such appropriations
under this Act: Provided, That the authority of this sub-
section 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 ex-
piration of the current fiscal year unless expressly so pro-
vided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 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 ‘‘Assistance for Eastern Europe and the Baltic
States’’, shall remain 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 provi-
sion 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 ob-
ligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall re-
main available until expended: Provided further, That, ef-
fective upon enactment into law of this Act, the final pro-
viso under the heading ‘‘Foreign Military Financing Pro-
gram’’ contained in title VI of the Foreign Operations, Ex-
port Financing, and Related Programs Appropriations
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Act, 2000 (as enacted into law by section 1000(a)(2) of
Public Law 106–113) shall be null and void: Provided fur-
ther, 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 disburse-
ment for balance of payment and economic policy reform
purposes.
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 country
which is in default during a period in excess of one cal-
endar year in payment to the United States of principal
or interest on any loan made to the government of such
country 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 Assist-
ance Act of 1961 shall not apply to funds made available
for any narcotics-related assistance for Colombia, Bolivia,
and Peru authorized by the Foreign Assistance Act of
1961 or the Arms Export 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
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Private Investment Corporation shall be obligated or ex-
pended to finance any loan, any assistance or any other
financial commitments for establishing or expanding pro-
duction 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 pro-
ductive capacity 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 Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors 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 com-
modity, 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
Assistance Act of 1961 shall be available for any testing
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which
would compete with a similar commodity grown or pro-
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duced in the United States: Provided, That this subsection
shall not prohibit—
(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
benefit American producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can 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 available 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 substantial 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 exec-
utive branch with the necessary administrative flexibility,
none of the funds made available under this Act for ‘‘Child
Survival and Disease Programs Fund’’, ‘‘Development As-
sistance’’, ‘‘International Organizations and Programs’’,
‘‘Trade and Development Agency’’, ‘‘International Nar-
cotics Control and Law Enforcement’’, ‘‘Assistance for
Eastern Europe and the Baltic States’’, ‘‘Assistance for
the Independent States of the Former Soviet Union’’,
‘‘Economic Support Fund’’, ‘‘Peacekeeping Operations’’,
‘‘Operating Expenses of the Agency for International De-
velopment’’, ‘‘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
Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Commit-
tees of both Houses of Congress are previously notified
15 days in advance: Provided, That the President shall
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not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other
than conventional ammunition, or other major defense
items defined to be aircraft, ships, missiles, or combat ve-
hicles, 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 ad-
vance of such commitment: Provided further, That this
section shall not apply to any reprogramming for an activ-
ity, 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 Congress for obli-
gation for such activity, program, or project for the cur-
rent fiscal year: Provided further, That the requirements
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 fail-
ure 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 appropriate
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 ap-
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plicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification pro-
vided 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
Appropriations.
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 financ-
ing, and related programs, which are returned or not made
available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assist-
ance Act of 1961, shall remain available for obligation
until September 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 of the
Former Soviet Union’’ shall be made available for assist-
ance for a government of an Independent State of the
former Soviet Union—
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(1) unless that government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, re-
spect for commercial contracts, and equitable treat-
ment of foreign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, 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 of the Former So-
viet Union’’ shall be made available for any state to en-
hance its military capability: Provided, That this restric-
tion does not apply to demilitarization, demining or non-
proliferation programs.
(c) Funds appropriated under the heading ‘‘Assist-
ance for the Independent States of the Former Soviet
Union’’ for the Russian Federation and Ukraine shall be
subject to the regular notification procedures of the Com-
mittees on Appropriations.
(d) Funds made available in this Act for assistance
for the Independent States of the former Soviet Union
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shall be subject to the provisions of section 117 (relating
to environment and natural resources) of the Foreign As-
sistance Act of 1961.
(e) Funds appropriated in this or prior appropria-
tions 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 returning 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.
(f ) In issuing new task orders, entering into con-
tracts, or making grants, with funds appropriated in this
Act or prior appropriations Acts under the headings ‘‘As-
sistance for the New Independent States of the Former
Soviet Union’’ and ‘‘Assistance for the Independent States
of the Former Soviet Union’’, 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
implementing agency shall encourage the participation of
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above provisions related to abortions and involuntary steri-
lizations: Provided, That none of the funds made available
under this Act may be used to lobby for or against abor-
tion.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropria-
tion 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 au-
thority shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act
shall be obligated or expended for Colombia, Haiti, Libe-
ria, Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, or the
Democratic Republic of Congo except as provided through
the regular notification procedures of the Committees on
Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, ‘‘program,
project, and activity’’ shall be defined at the appropria-
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tions Act account level and shall include all appropriations
and authorizations Acts earmarks, ceilings, and limita-
tions 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 pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the Agency for Inter-
national Development ‘‘program, project, and activity’’
shall also be considered to include central program level
funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a re-
port, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES
SEC. 522. Up to $10,500,000 of the funds made
available by this Act for assistance under the heading
‘‘Child Survival and Disease Programs Fund’’, may be
used to reimburse United States Government agencies,
agencies of State governments, institutions of higher
learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted
by, as the case may be, the Agency for International De-
velopment for the purpose of carrying out child survival,
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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 As-
sistance’’ may be used to reimburse such agencies, institu-
tions, and organizations for such costs of such individuals
carrying out other development assistance activities: Pro-
vided further, 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 prevention, treatment and control of, Acquired Im-
mune Deficiency Syndrome may be made available not-
withstanding any provision of law that restricts assistance
to foreign countries: Provided further, That funds appro-
priated under title II of this Act may be made available
pursuant to section 301 of the Foreign Assistance Act of
1961 if a primary purpose of the assistance is for child
survival and related programs.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES
SEC. 523. None of the funds appropriated or other-
wise 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 Peo-
ple’s Republic of China, unless the President of the United
States certifies that the withholding of these funds is con-
trary to the national interest of the United States.
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NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other
committees pursuant 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 accordance with the regular notification
procedures of such Committees: Provided further, That
such Committees shall also be informed of the original ac-
quisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act may be
obligated and expended notwithstanding section 10 of
Public Law 91–672 and section 15 of the State Depart-
ment 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 nongovernmental organizations located outside the
People’s Republic of China that have as their primary pur-
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pose fostering democracy in that country, and for activi-
ties of nongovernmental organizations located outside the
People’s Republic of China to foster 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
Democracy or its grantees may be made available for ac-
tivities to foster democracy in that country notwith-
standing this proviso and any other provision of law: Pro-
vided further, That funds appropriated by this or any prior
Acts making appropriations for foreign operations, export
financing, and related programs, that are provided to the
National Endowment for Democracy shall be provided in
a manner that is consistent with the last sentence of sec-
tion 503(a) of the National Endowment for Democracy
Act and Comptroller General Decisions No. B–203681 of
June 6, 1985, and No. B–248111 of September 9, 1992,
and the National Endowment for Democracy shall be
deemed ‘‘the awarding agency’’ for purposes of imple-
menting Office of Management and Budget Circular A–
122 as dated June 1, 1998, or any successor circular: Pro-
vided further, That funds made available pursuant to the
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authority of this section shall be subject to the regular
notification procedures of the Committees on Appropria-
tions: Provided further, That notwithstanding any other
provision of law, 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, not to exceed $1,000,000
may be made available to nongovernmental organizations
located outside the People’s Republic of China to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation
in Tibetan communities in that country: Provided further,
That the final proviso in section 526 of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 2000 (as enacted into law by section
1000(a)(2) of Public Law 106–113) is amended by strik-
ing ‘‘Robert F. Kennedy Memorial Center for Human
Rights’’ and inserting ‘‘Jamestown Foundation’’.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appro-
priated under any such heading in a provision of law en-
acted 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
individual 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
Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropria-
tions of the waiver (including the justification for the waiv-
er) in accordance with the regular notification procedures
of the Committees on Appropriations.
REPORT ON IMPLEMENTATION OF SUPPLEMENTAL
APPROPRIATIONS
SEC. 528. (a) Beginning not later than January 1,
2001, the Secretary of State shall provide quarterly re-
ports to the Committees on Appropriations providing in-
formation on the use of funds appropriated in title VI of
the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (as enacted into law
by section 1000(a)(2) of Public Law 106–113). Each re-
port shall include the following—
(1) the current and projected status of obliga-
tions and expenditures by appropriations account, by
country, and by program, project, and activity;
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(2) the contractors and subcontractors engaged
in activities funded from appropriations contained in
title VI; and
(3) the procedures and processes under which
decisions have been or will be made on which pro-
grams, projects, and activities are funded through
appropriations contained in title VI.
(b) For each report required by this section, a classi-
fied annex may be submitted if deemed necessary and ap-
propriate.
(c) The last quarterly report required by this section
shall be provided to the Committees on Appropriations by
January 1, 2002.
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 oppor-
tunity to bid for insurance when such insurance is nec-
essary or appropriate.
STINGERS IN THE PERSIAN GULF REGION
SEC. 530. (a) PROHIBITION.—Except as provided in
subsection (b), the United States may not sell or otherwise
make available any Stingers to any country bordering the
Persian Gulf under the Arms Export Control Act or chap-
ter 2 of part II of the Foreign Assistance Act of 1961.
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(b) ADDITIONAL TRANSFERS AUTHORIZED.—In ad-
dition to the defense articles otherwise authorized to be
transferred by section 581 of the Foreign Operations, Ex-
port Financing, and Related Program Appropriation Act,
1990, the United States may sell or otherwise make avail-
able Stingers to any country bordering the Persian Gulf
under the Arms Export Control Act or chapter 2 of part
II of the Foreign Assistance Act of 1961, in order to re-
place, on a one-for-one basis, Stingers previously furnished
to such country, provided that the Stingers to be replaced
are nearing the scheduled expiration of their shelf-life.
DEBT-FOR-DEVELOPMENT
SEC. 531. In order to enhance the continued partici-
pation of nongovernmental organizations in economic as-
sistance activities under the Foreign Assistance Act of
1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organiza-
tion 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 currencies which accrue to that organization as
a result of economic 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 pro-
vided to that organization.
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SEPARATE ACCOUNTS
SEC. 532. (a) SEPARATE ACCOUNTS
FOR LOCAL
CURRENCIES.—(1) If assistance is furnished to the gov-
ernment 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 genera-
tion 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;
(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 govern-
ment the responsibilities of the Agency for Inter-
national Development and that government to mon-
itor and account 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
deposited in a separate account pursuant to subsection
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(a), or an equivalent amount of local currencies, shall be
used only—
(A) to carry out chapter 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.
(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 sepa-
rate 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 chapter
1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the
United States Government.
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(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 foreign country, under chapter 1 or 10 of part I or chap-
ter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, that country shall be required to maintain such
funds in a separate account and not commingle them with
any other funds.
(2)
APPLICABILITY
OF
OTHER
PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
withstanding 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 Res-
olution 648 (House Report No. 98–1159).
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(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 Ap-
propriations, 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
description 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)
only through the notification procedures of the Commit-
tees 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
institution 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 institu-
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tion at a rate in excess of the rate provided for an indi-
vidual occupying 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 De-
velopment Fund, the African Development Bank, the Afri-
can Development Fund, the International Monetary Fund,
the North American Development Bank, and the Euro-
pean Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 534. None of the funds appropriated or other-
wise made available pursuant to this Act to carry out the
Foreign Assistance Act of 1961 (including title IV of
chapter 2 of part I, relating to the Overseas Private In-
vestment Corporation) 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 Coun-
cil 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;
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(2) such assistance will directly benefit the
needy people in that country; or
(3) the assistance to be provided will be human-
itarian assistance for foreign nationals who have fled
Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL
FUND FOR AGRICULTURAL DEVELOPMENT, INTER-
AMERICAN
FOUNDATION
AND
AFRICAN
DEVELOP-
MENT 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 activi-
ties authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation 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 conduct activi-
ties in a country for which assistance is prohibited.
(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
Development.
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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 in-
ducement is likely to reduce the number of employ-
ees 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 proc-
essing zone or designated area in which the tax, tar-
iff, labor, environment, and safety laws of that coun-
try do not apply, in part or in whole, to activities
carried out within that zone or area, unless the
President determines and certifies that such assist-
ance 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
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that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate 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 Kosovo or Montenegro, or to assistance to
promote democratization: Provided further, That section
620(t) of the Foreign Assistance Act of 1961, as amended,
shall not apply to Kosovo or Montenegro.
SPECIAL AUTHORITIES
SEC. 538. (a) AFGHANISTAN, LEBANON, MONTE-
NEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in titles I
and II of this Act that are made available for Afghanistan,
Lebanon, Montenegro, and for victims of war, displaced
children, and displaced Burmese, may be made available
notwithstanding any other provision of law: Provided,
That any such funds that are made available for Cam-
bodia shall be subject to the provisions of section 531(e)
of the Foreign Assistance Act of 1961 and section 906
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of the International Security and Development Coopera-
tion Act of 1985.
(b) TROPICAL FORESTRY AND BIODIVERSITY CON-
SERVATION ACTIVITIES.—Funds appropriated by this Act
to carry out the provisions of sections 103 through 106,
and chapter 4 of part II, of the Foreign Assistance Act
of 1961 may be used, notwithstanding any other provision
of law, for the purpose of supporting tropical forestry and
biodiversity conservation activities and, subject to the reg-
ular notification procedures of the Committees on Appro-
priations, energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) U.S. AGENCY FOR INTERNATIONAL DEVELOP-
MENT.—The Agency for International Development may
employ personal services contractors, notwithstanding any
other provision of law, for the purpose of administering
programs 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.
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(2) PERIOD
OF APPLICATION
OF WAIVER.—Any
waiver 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 AND NORMALIZING RELATIONS WITH 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 and should normalize their relations 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 fact that only three Arab countries
maintain full diplomatic relations with Israel is also
of deep concern;
(4) the Arab League should immediately re-
scind its decision on the boycott and its members
should develop normal relations with their neighbor
Israel; and
(5) the President should—
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
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publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
firms that have commercial relations with Israel
and to normalize their relations with Israel;
(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 commer-
cial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress annually on the
specific steps being taken by the United States
and the progress achieved to bring about a pub-
lic 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 boy-
cott and penalizing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 540. Of the funds appropriated or otherwise
made available by this Act for ‘‘Economic Support Fund’’,
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assistance may be provided to strengthen the administra-
tion of justice in countries in Latin America and the Car-
ibbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of participants
in judicial cases may be conducted notwithstanding section
660 of that Act. Funds made available pursuant to this
section may be made available notwithstanding section
534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
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
appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and from
funds appropriated 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 nongovernmental organizations is in the na-
tional interest of the United States: Provided further, That
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before using the authority of this subsection to furnish as-
sistance in support of programs of nongovernmental orga-
nizations, the President shall notify the Committees on
Appropriations under the regular notification procedures
of those committees, including a description of the pro-
gram to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided fur-
ther, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abor-
tion 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 re-
strict assistance under the Agricultural Trade Develop-
ment 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 reg-
ular notification procedures of the Committees on Appro-
priations.
(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 sup-
port international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision
of law prohibiting assistance to countries that violate
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 sig-
nificantly reduced its military or economic cooperation
with the United States since the enactment of the Foreign
Operations, Export Financing, and Related Programs Ap-
propriations Act, 1991; however, before exercising the au-
thority of this subsection with regard to a base rights or
base access country which has significantly reduced its
military or economic cooperation with the United States,
the President shall consult with, and shall provide a writ-
ten policy justification to the Committees on Appropria-
tions: Provided, That any such reprogramming shall be
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subject to the regular notification procedures of the Com-
mittees on Appropriations: Provided further, That assist-
ance that is reprogrammed pursuant to this subsection
shall be made available under the same terms and condi-
tions as originally provided.
(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 appro-
priated or otherwise made available by any subsequent Act
unless such Act specifically so directs.
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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, as-
sistance provided under this Act should make full use of
American resources, including commodities, products, and
services.
(b) It is the sense of the Congress that, to the great-
est extent practicable, all agriculture commodities, equip-
ment 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.
(d) The Secretary of the Treasury shall report to
Congress annually on the efforts of the heads of each Fed-
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eral agency and the United States directors of inter-
national financial institutions (as referenced in section
514) in complying 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 mem-
ber of the United Nations or, from funds appropriated by
this Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of an-
other country’s delegation at international conferences
held under the auspices of multilateral or international or-
ganizations.
CONSULTING SERVICES
SEC. 547. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to section 3109 of title 5, United
States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available
for public inspection, except where otherwise provided
under existing law, or under existing Executive order pur-
suant 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 pri-
vate voluntary organization which fails to provide upon
timely request any document, file, or record necessary to
the auditing requirements of the Agency for International
Development.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 549. (a) None of the funds appropriated or oth-
erwise 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 for-
eign government shall terminate 12 months after that gov-
ernment ceases to provide such military equipment. This
section applies 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
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President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the fur-
nishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided, in-
cluding the estimated dollar amount of such assistance,
and an explanation 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
available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 per-
cent of the total unpaid fully adjudicated parking fines
and penalties 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 Sec-
retary of State certifies and reports in writing to the ap-
propriate congressional 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
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Appropriations of the Senate and the Committee on Inter-
national Relations and the Committee on Appropriations
of the House of Representatives.
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 Libera-
tion Organization for the West Bank and Gaza unless the
President has exercised the authority under section 604(a)
of the Middle East Peace Facilitation Act of 1995 (title
VI of Public Law 104–107) or any other legislation to sus-
pend or make inapplicable section 307 of the Foreign As-
sistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certifi-
cation 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 Lib-
eration 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
amended, of up to $30,000,000 of commodities and serv-
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ices for the United Nations War Crimes Tribunal estab-
lished with regard to the former Yugoslavia by the United
Nations Security Council or such other tribunals or com-
missions as the Council may establish to deal with such
violations, without regard to the ceiling limitation con-
tained in paragraph (2) thereof: Provided, That the deter-
mination required under this section shall be in lieu of
any determinations otherwise required under section
552(c): Provided further, That 60 days after the date of
the enactment of this Act, and every 180 days thereafter,
the Secretary of State shall submit a report to the Com-
mittees on Appropriations describing the steps the United
States Government is taking to collect information regard-
ing allegations of genocide or other violations of inter-
national law in the former Yugoslavia and to furnish that
information to the United Nations War Crimes Tribunal
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
establishment 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 no-
tification procedures of the Committees on Appropria-
tions.
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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
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 Je-
rusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the Pal-
estinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-
PLO Declaration of Principles: Provided, That this re-
striction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Pales-
tinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United States