HR 4811 RH
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—
HR 4811 RH
(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
HR 4811 RH
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
HR 4811 RH
and give significant weight to contractors and grantees
who propose investing a significant amount of their own
resources (including volunteer services and in-kind con-
tributions) in such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method
of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of
the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay
for any biomedical research which relates in whole or in
part, to methods of, or the performance of, abortions or
involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if
the President certifies that the use of these funds by any
such country or organization would violate any of the
HR 4811 RH
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-
HR 4811 RH
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,
HR 4811 RH
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.
HR 4811 RH
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-
HR 4811 RH
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
HR 4811 RH
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—
HR 4811 RH
(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;
HR 4811 RH
(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.
HR 4811 RH
(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.
HR 4811 RH
(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 chapters 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector 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).
HR 4811 RH
(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-
HR 4811 RH
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;
HR 4811 RH
(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.
HR 4811 RH
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
HR 4811 RH
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) Funds appropriated in titles I and II
of this Act that are made available for Afghanistan, Leb-
anon, Montenegro, and for victims of war, displaced chil-
dren, and displaced Burmese, may be made available not-
withstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall
be subject to the provisions of section 531(e) of the For-
eign Assistance Act of 1961 and section 906 of the Inter-
national Security and Development Cooperation Act of
1985.
HR 4811 RH
(b) 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 regular notifica-
tion procedures of the Committees on Appropriations, en-
ergy programs aimed at reducing greenhouse gas emis-
sions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance
Act of 1961.
(c) The Agency for International Development may
employ personal services contractors, notwithstanding any
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.
(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.
HR 4811 RH
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
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
HR 4811 RH
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’’,
assistance may be provided to strengthen the administra-
tion of justice in countries in Latin America and the Car-
HR 4811 RH
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
before using the authority of this subsection to furnish as-
sistance in support of programs of nongovernmental orga-
HR 4811 RH
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
of law prohibiting assistance to countries that sup-
port international terrorism; or
HR 4811 RH
(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
subject to the regular notification procedures of the Com-
mittees on Appropriations: Provided further, That assist-
HR 4811 RH
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. Earmarks or min-
imum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
HR 4811 RH
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-
HR 4811 RH
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.
HR 4811 RH
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
HR 4811 RH
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
HR 4811 RH
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and
the Committee on International Relations and the Com-
mittee 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
HR 4811 RH
amended, of up to $30,000,000 of commodities and serv-
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-
HR 4811 RH
tification procedures of the Committees on Appropria-
tions.
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
HR 4811 RH
entity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United States
Government business with such authority should continue
to take place in locations other than Jerusalem. As has
been true in the past, officers and employees of the United
States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 555. None of the funds appropriated or other-
wise made available by this Act under the headings ‘‘Inter-
national Military Education and Training’’ or ‘‘Foreign
Military Financing Program’’ for Informational Program
activities or under the headings ‘‘Child Survival and Dis-
ease Programs Fund’’, ‘‘Development Assistance’’, and
‘‘Economic Support Fund’’ may be obligated or expended
to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that
are substantially of a recreational character, includ-
ing entrance fees at sporting events and amusement
parks.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 556. (a) AUTHORITY TO REDUCE DEBT.—The
President may reduce amounts owed to the United States
HR 4811 RH
(or any agency of the United States) by an eligible country
as a result of—
(1) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under
the Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f ) of the Com-
modity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for
Peace Act of 1966, as amended (Public Law 89–
808), or section 202 of the Agricultural Trade Act
of 1978, as amended (Public Law 95–501).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, com-
monly referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such
extent as is provided in advance by appropriations
Acts.
HR 4811 RH
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
HR 4811 RH
funds appropriated by this Act under the heading ‘‘Debt
Restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re-
duction of debt pursuant to subsection (a) shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country. The authority provided
by subsection (a) may be exercised notwithstanding sec-
tion 620(r) of the Foreign Assistance Act of 1961 or sec-
tion 321 of the International Development and Food As-
sistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 557. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assist-
ance Act of 1961, to the government of any eligible
country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, re-
duce or cancel such loan or portion thereof, only for
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
HR 4811 RH
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the difference
between the price paid for such debt and the
face value of such debt, to support activities
that link conservation and sustainable use of
natural resources with local community develop-
ment, and child survival and other child devel-
opment, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation
would not contravene any term or condition of
any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced,
or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
HR 4811 RH
Foreign Assistance Act of 1961 of purchasers that
the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduc-
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its
accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold
pursuant to subsection (a)(1)(A) only to a purchaser who
presents plans satisfactory to the President for using the
loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to
any eligible purchaser, or any reduction or cancellation
pursuant to this section, of any loan made to an eligible
HR 4811 RH
country, the President should consult with the country
concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
funds appropriated by this Act under the heading ‘‘Debt
Restructuring’’.
ASSISTANCE FOR HAITI
SEC. 558. (a) None of the funds appropriated by this
or any previous appropriations Act for foreign operations,
export financing and related programs shall be made avail-
able for assistance for the Government of Haiti until—
(1) the Secretary of State reports to the Com-
mittees on Appropriations that Haiti has held free
and fair elections to seat a new parliament; and
(2) the Director of the Office of National Drug
Control Policy reports to the Committees on Appro-
priations that the Government of Haiti is fully co-
operating with United States efforts to interdict il-
licit drug traffic through Haiti to the United States.
(b) Not more than 11 percent of the funds appro-
priated 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, that are made available for Latin
America and the Caribbean region may be made available,
HR 4811 RH
through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country
in such region.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN
REPORT OF SECRETARY OF STATE
SEC. 559. (a) FOREIGN AID REPORTING REQUIRE-
MENT.—In addition to the voting practices of a foreign
country, the report required to be submitted to Congress
under section 406(a) of the Foreign Relations Authoriza-
tion Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a),
shall include a side-by-side comparison of individual coun-
tries’ overall support for the United States at the United
Nations and the amount of United States assistance pro-
vided to such country in fiscal year 2000.
(b) UNITED STATES ASSISTANCE.—For purposes of
this section, the term ‘‘United States assistance’’ has the
meaning given the term in section 481(e)(4) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 560. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the
funds appropriated by this Act may be made available to
pay any voluntary contribution of the United States to the
United Nations (including the United Nations Develop-
HR 4811 RH
ment Program) if the United Nations implements or im-
poses any taxation on any United States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT
OF FUNDS.—None of the funds appropriated by this Act
may be made available to pay any voluntary contribution
of the United States to the United Nations (including the
United Nations Development Program) unless the Presi-
dent certifies to the Congress 15 days in advance of such
payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United
States persons in order to raise revenue for the United
Nations or any of its specialized agencies.
(c) DEFINITIONS.—As used in this section the term
‘‘United States person’’ refers to—
(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal
entity organized under the United States or any
State, territory, possession, or district of the United
States.
HAITI
SEC. 561. The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the Coast
Guard: Provided, That the authority provided by this sec-
HR 4811 RH
tion shall be subject to the regular notification procedures
of the Committees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY
SEC. 562. (a) PROHIBITION OF FUNDS.—None of the
funds appropriated by this Act to carry out the provisions
of chapter 4 of part II of the Foreign Assistance Act of
1961 may be obligated or expended with respect to pro-
viding funds to the Palestinian Authority.
(b) WAIVER.—The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives and the
President pro tempore of the Senate that waiving such
prohibition is important to the national security interests
of the United States.
(c) PERIOD
OF APPLICATION
OF WAIVER.—Any
waiver pursuant to subsection (b) shall be effective for no
more than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 563. None of the funds made available by this
Act may be provided to any unit of the security forces
of a foreign country if the Secretary of State has credible
evidence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports
to the Committees on Appropriations that the government
HR 4811 RH
of such country is taking effective measures to bring the
responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed
to withhold funds made available by this Act from any
unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights:
Provided further, That in the event that funds are withheld
from any unit pursuant to this section, the Secretary of
State shall promptly inform the foreign government of the
basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effec-
tive measures to bring the responsible members of the se-
curity forces to justice.
RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING
SANCTUARY TO INDICTED WAR CRIMINALS
SEC. 564. (a) BILATERAL ASSISTANCE.—None of the
funds made available by this or any prior Act making ap-
propriations for foreign operations, export financing and
related programs, may be provided for any country, entity
or municipality described in subsection (e).
(b) MULTILATERAL ASSISTANCE.—
(1) PROHIBITION.—The Secretary of the Treas-
ury shall instruct the United States executive direc-
tors of the international financial institutions to
work in opposition to, and vote against, any exten-
sion by such institutions of any financial or technical
HR 4811 RH
assistance or grants of any kind to any country or
entity described in subsection (e).
(2) NOTIFICATION.—Not less than 15 days be-
fore any vote in an international financial institution
regarding the extension of financial or technical as-
sistance or grants to any country or entity described
in subsection (e), the Secretary of the Treasury, in
consultation with the Secretary of State, shall pro-
vide to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Com-
mittee on Banking and Financial Services of the
House of Representatives a written justification for
the proposed assistance, including an explanation of
the United States position regarding any such vote,
as well as a description of the location of the pro-
posed assistance by municipality, its purpose, and its
intended beneficiaries.
(3) DEFINITION.—The term ‘‘international fi-
nancial institution’’ includes the International Mone-
tary Fund, the International Bank for Reconstruc-
tion and Development, the International Develop-
ment Association, the International Finance Cor-
poration, the Multilateral Investment Guaranty
100
HR 4811 RH
Agency, and the European Bank for Reconstruction
and Development.
(c) EXCEPTIONS.—
(1) IN GENERAL.—Subject to paragraph (2),
subsections (a) and (b) shall not apply to the provi-
sion of—
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical in-
frastructure projects involving activities in both
a sanctioned country, entity, or municipality
and a nonsanctioned contiguous country, entity,
or municipality, if the project is primarily lo-
cated in and primarily benefits the nonsanc-
tioned country, entity, or municipality and if
the portion of the project located in the sanc-
tioned country, entity, or municipality is nec-
essary only to complete the project;
(D) small-scale assistance projects or ac-
tivities requested by United States Armed
Forces that promote good relations between
such forces and the officials and citizens of the
areas in the United States SFOR sector of Bos-
nia;
101
HR 4811 RH
(E) implementation of the Brcko Arbitral
Decision;
(F) lending by the international financial
institutions to a country or entity to support
common monetary and fiscal policies at the na-
tional level as contemplated by the Dayton
Agreement;
(G) direct lending to a non-sanctioned enti-
ty, or lending passed on by the national govern-
ment to a non-sanctioned entity; or
(H) assistance to the International Police
Task Force for the training of a civilian police
force.
(2) NOTIFICATION.—Every 60 days the Sec-
retary of State, in consultation with the Adminis-
trator of the Agency for International Development,
shall publish in the Federal Register and/or in a
comparable publicly accessible document or Internet
site, a listing and justification of any assistance that
is obligated within that period of time for any coun-
try, entity, or municipality described in subsection
(e), including a description of the purpose of the as-
sistance, project and its location, by municipality.
(d) FURTHER LIMITATIONS.—Notwithstanding sub-
section (c)—
102
HR 4811 RH
(1) no assistance may be made available by this
Act, or any prior Act making appropriations for for-
eign operations, export financing and related pro-
grams, in any country, entity, or municipality de-
scribed in subsection (e), for a program, project, or
activity in which a publicly indicted war criminal is
known to have any financial or material interest;
and
(2) no assistance (other than emergency foods
or medical assistance or demining assistance) may
be made available by this Act, or any prior Act mak-
ing appropriations for foreign operations, export fi-
nancing and related programs for any program,
project, or activity in a community within any coun-
try, entity or municipality described in subsection (e)
if competent authorities within that community are
not complying with the provisions of article IX and
annex 4, article II, paragraph 8 of the Dayton
Agreement relating to war crimes and the Tribunal.
(e) SANCTIONED COUNTRY, ENTITY, OR MUNICI-
PALITY.—A sanctioned country, entity, or municipality de-
scribed in this section is one whose competent authorities
have failed, as determined by the Secretary of State, to
take necessary and significant steps to apprehend and
103
HR 4811 RH
transfer to the Tribunal all persons who have been publicly
indicted by the Tribunal.
(f ) SPECIAL RULE.—Subject to subsection (d), sub-
sections (a) and (b) shall not apply to the provision of
assistance to an entity that is not a sanctioned entity, not-
withstanding that such entity may be within a sanctioned
country, if the Secretary of State determines and so re-
ports to the appropriate congressional committees that
providing assistance to that entity would promote peace
and internationally recognized human rights by encour-
aging that entity to cooperate fully with the Tribunal.
(g) CURRENT RECORD
OF WAR CRIMINALS
AND
SANCTIONED COUNTRIES, ENTITIES, AND MUNICIPALI-
TIES.—
(1) IN GENERAL.—The Secretary of State shall
establish and maintain a current record of the loca-
tion, including the municipality, if known, of publicly
indicted war criminals and a current record of sanc-
tioned countries, entities, and municipalities.
(2) INFORMATION OF THE DCI AND THE SEC-
RETARY OF DEFENSE.—The Director of Central In-
telligence and the Secretary of Defense should col-
lect and provide to the Secretary of State informa-
tion concerning the location, including the munici-
pality, of publicly indicted war criminals.
104
HR 4811 RH
(3) INFORMATION
OF
THE
TRIBUNAL.—The
Secretary of State shall request that the Tribunal
and other international organizations and govern-
ments provide the Secretary of State information
concerning the location, including the municipality,
of publicly indicted war criminals and concerning
country, entity and municipality authorities known
to have obstructed the work of the Tribunal.
(4) REPORT.—Beginning 30 days after the date
of the enactment of this Act, and not later than Sep-
tember 1 each year thereafter, the Secretary of
State shall submit a report in classified and unclas-
sified form to the appropriate congressional commit-
tees on the location, including the municipality, if
known, of publicly indicted war criminals, on coun-
try, entity and municipality authorities known to
have obstructed the work of the Tribunal, and on
sanctioned countries, entities, and municipalities.
(5) INFORMATION TO CONGRESS.—Upon the re-
quest of the chairman or ranking minority member
of any of the appropriate congressional committees,
the Secretary of State shall make available to that
committee the information recorded under para-
graph (1) in a report submitted to the committee in
classified and unclassified form.
105
HR 4811 RH
(h) WAIVER.—
(1) IN GENERAL.—The Secretary of State may
waive the application of subsection (a) or subsection
(b) with respect to specified bilateral programs or
international financial institution projects or pro-
grams in a sanctioned country, entity, or munici-
pality upon providing a written determination to the
Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on Inter-
national Relations of the House of Representatives
that such assistance directly supports the implemen-
tation of the Dayton Agreement and its Annexes,
which include the obligation to apprehend and trans-
fer indicted war criminals to the Tribunal.
(2) REPORT.—Not later than 15 days after the
date of any written determination under paragraph
(1) the Secretary of State shall submit a report to
the Committee on Appropriations and the Com-
mittee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on
International Relations of the House of Representa-
tives regarding the status of efforts to secure the
voluntary surrender or apprehension and transfer of
persons indicted by the Tribunal, in accordance with
106
HR 4811 RH
the Dayton Agreement, and outlining obstacles to
achieving this goal.
(3) ASSISTANCE PROGRAMS AND PROJECTS AF-
FECTED.—Any waiver made pursuant to this sub-
section shall be effective only with respect to a speci-
fied bilateral program or multilateral assistance
project or program identified in the determination of
the Secretary of State to Congress.
(i) TERMINATION OF SANCTIONS.—The sanctions im-
posed pursuant to subsections (a) and (b) with respect to
a country or entity shall cease to apply only if the Sec-
retary of State determines and certifies to Congress that
the authorities of that country, entity, or municipality
have apprehended and transferred to the Tribunal all per-
sons who have been publicly indicted by the Tribunal.
( j) DEFINITIONS.—As used in this section—
(1) COUNTRY.—The term ‘‘country’’ means
Bosnia-Herzegovina, Croatia, and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro, and the Republika Srpska.
(3) DAYTON AGREEMENT.—The term ‘‘Dayton
Agreement’’ means the General Framework Agree-
ment for Peace in Bosnia and Herzegovina, together
107
HR 4811 RH
with annexes relating thereto, done at Dayton, No-
vember 10 through 16, 1995.
(4) TRIBUNAL.—The term ‘‘Tribunal’’ means
the International Criminal Tribunal for the Former
Yugoslavia.
(k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND
GOVERNMENT AGENCIES.—In carrying out this section,
the Secretary of State, the Administrator of the Agency
for International Development, and the executive directors
of the international financial institutions shall consult with
representatives of human rights organizations and all gov-
ernment agencies with relevant information to help pre-
vent publicly indicted war criminals from benefiting from
any financial or technical assistance or grants provided to
any country or entity described in subsection (e).
TO
PROHIBIT
FOREIGN
ASSISTANCE
TO
THE
GOVERN-
MENT
OF
THE
RUSSIAN
FEDERATION
SHOULD
IT
ENACT LAWS WHICH WOULD DISCRIMINATE AGAINST
MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FED-
ERATION
SEC. 565. None of the funds appropriated under this
Act may be made available for the Government of the Rus-
sian Federation, after 180 days from the date of the en-
actment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations
and the Committee on Foreign Relations of the Senate
108
HR 4811 RH
that the Government of the Russian Federation has imple-
mented no statute, executive order, regulation or similar
government action that would discriminate, or would have
as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation
in violation of accepted international agreements on
human rights and religious freedoms to which the Russian
Federation is a party.
GREENHOUSE GAS EMISSIONS
SEC. 566. (a) Funds made available in this Act to
support programs or activities the primary purpose of
which is promoting or assisting country participation in
the Kyoto Protocol to the Framework Convention on Cli-
mate Change (FCCC) shall only be made available subject
to the regular notification procedures of the Committees
on Appropriations.
(b) The President shall provide a detailed account of
all Federal agency obligations and expenditures for cli-
mate change programs and activities, domestic and inter-
national obligations for such activities in fiscal year 2001,
and any plan for programs thereafter related to the imple-
mentation or the furtherance of protocols pursuant to, or
related to negotiations to amend the FCCC in conjunction
with the President’s submission of the Budget of the
United States Government for Fiscal Year 2002: Pro-
vided, That such report shall include an accounting of ex-
109
HR 4811 RH
penditures by agency with each agency identifying climate
change activities and associated costs by line item as pre-
sented in the President’s Budget Appendix: Provided fur-
ther, That such report shall identify with regard to the
Agency for International Development, obligations and ex-
penditures by country or central program and activity.
AID TO THE GOVERNMENT OF THE DEMOCRATIC
REPUBLIC OF CONGO
SEC. 567. None of the funds appropriated or other-
wise made available by this Act may be provided to the
Central Government of the Democratic Republic of Congo.
ASSISTANCE FOR THE MIDDLE EAST
SEC. 568. Of the funds appropriated in titles II and
III of this Act under the headings ‘‘Economic Support
Fund’’, ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national Military Education and Training’’, ‘‘Peace-
keeping Operations’’, for refugees resettling in Israel
under the heading ‘‘Migration and Refugee Assistance’’,
and for assistance for Israel to carry out provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961
under the heading ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’, not more than a total
of $5,221,150,000 may be made available for Israel,
Egypt, Jordan, Lebanon, the West Bank and Gaza, the
Israel-Lebanon Monitoring Group, the Multinational
Force and Observers, the Middle East Regional Democ-
110
HR 4811 RH
racy Fund, Middle East Regional Cooperation, and Middle
East Multilateral Working Groups: Provided, That any
funds that were appropriated under such headings in prior
fiscal years and that were at the time of the enactment
of this Act obligated or allocated for other recipients may
not during fiscal year 2001 be made available for activities
that, if funded under this Act, would be required to count
against this ceiling: Provided further, That funds may be
made available notwithstanding the requirements of this
section if the President determines and certifies to the
Committees on Appropriations that it is important to the
national security interest of the United States to do so
and any such additional funds shall only be provided
through the regular notification procedures of the Com-
mittees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 569. Prior to the distribution of any assets re-
sulting from any liquidation, dissolution, or winding up
of an Enterprise Fund, in whole or in part, the President
shall submit to the Committees on Appropriations, in ac-
cordance with the regular notification procedures of the
Committees on Appropriations, a plan for the distribution
of the assets of the Enterprise Fund.
CAMBODIA
SEC. 570. (a) The Secretary of the Treasury should
instruct the United States executive directors of the inter-
111
HR 4811 RH
national financial institutions to use the voice and vote
of the United States to oppose loans to the Central Gov-
ernment of Cambodia, except loans to support basic
human needs.
(b) None of the funds appropriated by this Act may
be made available for assistance for the Central Govern-
ment of Cambodia.
FOREIGN MILITARY TRAINING REPORT
SEC. 571. (a) The Secretary of Defense and the Sec-
retary of State shall jointly provide to the Congress by
March 1, 2001, a report on all military training provided
to foreign military personnel (excluding sales, and exclud-
ing training provided to the military personnel of countries
belonging to the North Atlantic Treaty Organization)
under programs administered by the Department of De-
fense and the Department of State during fiscal years
2000 and 2001, including those proposed for fiscal year
2001. This report shall include, for each such military
training activity, the foreign policy justification and pur-
pose for the training activity, the cost of the training activ-
ity, the number of foreign students trained and their units
of operation, and the location of the training. In addition,
this report shall also include, with respect to United States
personnel, the operational benefits to United States forces
derived from each such training activity and the United
States military units involved in each such training activ-
112
HR 4811 RH
ity. This report may include a classified annex if deemed
necessary and appropriate.
(b) For purposes of this section a report to Congress
shall be deemed to mean a report to the Appropriations
and Foreign Relations Committees of the Senate and the
Appropriations and International Relations Committees of
the House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT
ORGANIZATION
SEC. 572. (a) Of the funds made available under the
heading ‘‘Nonproliferation, Anti-terrorism, Demining and
Related Programs’’, not to exceed $35,000,000 may be
made available for the Korean Peninsula Energy Develop-
ment Organization (hereafter referred to in this section
as ‘‘KEDO’’), notwithstanding any other provision of law,
only for the administrative expenses and heavy fuel oil
costs associated with the Agreed Framework.
(b) Such funds may be made available for KEDO
only if, 30 days prior to such obligation of funds, the
President certifies and so reports to Congress that—
(1) the parties to the Agreed Framework have
taken and continue to take demonstrable steps to
implement 
the 
Joint 
Declaration 
on
Denuclearization of the Korean Peninsula in which
the Government of North Korea has committed not
to test, manufacture, produce, receive, possess, store,
113
HR 4811 RH
deploy, or use nuclear weapons, and not to possess
nuclear reprocessing or uranium enrichment facili-
ties;
(2) the parties to the Agreed Framework have
taken and continue to take demonstrable steps to
pursue the North-South dialogue;
(3) North Korea is complying with all provi-
sions of the Agreed Framework;
(4) North Korea has not significantly diverted
assistance provided by the United States for pur-
poses for which it was not intended;
(5) there is no credible evidence that North
Korea is seeking to develop or acquire the capability
to enrich uranium, or any additional capability to re-
process spent nuclear fuel;
(6) North Korea is complying with its commit-
ments regarding access to suspect underground con-
struction at Kumchang-ni;
(7) there is no credible evidence that North
Korea is engaged in a nuclear weapons program, in-
cluding efforts to acquire, develop, test, produce, or
deploy such weapons; and
(8) the United States is continuing to make sig-
nificant progress on eliminating the North Korean
114
HR 4811 RH
ballistic missile threat, including further missile tests
and its ballistic missile exports.
(c) The President may waive the certification require-
ments of subsection (b) if the President determines that
it is vital to the national security interests of the United
States and provides written policy justifications to the ap-
propriate congressional committees. No funds may be obli-
gated for KEDO until 30 days after submission to Con-
gress of such waiver.
(d) The Secretary of State shall, at the time of the
annual presentation for appropriations, submit a report
providing a full and detailed accounting of the fiscal year
2002 request for the United States contribution to KEDO,
the expected operating budget of KEDO, proposed annual
costs associated with heavy fuel oil purchases, including
unpaid debt, and the amount of funds pledged by other
donor nations and organizations to support KEDO activi-
ties on a per country basis, and other related activities.
AFRICAN DEVELOPMENT FOUNDATION
SEC. 573. Funds made available to grantees of the
African Development Foundation may be invested pending
expenditure for project purposes when authorized by the
President of the Foundation: Provided, That interest
earned shall be used only for the purposes for which the
grant was made: Provided further, That this authority ap-
plies to interest earned both prior to and following the en-
115
HR 4811 RH
actment of this provision: Provided further, That notwith-
standing section 505(a)(2) of the African Development
Foundation Act, in exceptional circumstances the board
of directors of the Foundation may waive the $250,000
limitation contained in that section with respect to a
project: Provided further, That the Foundation shall pro-
vide a report to the Committees on Appropriations in ad-
vance of exercising such waiver authority.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION
SEC. 574. None of the funds appropriated or other-
wise made available by this Act may be used to provide
equipment, technical support, consulting services, or any
other form of assistance to the Palestinian Broadcasting
Corporation.
IRAQ OPPOSITION
SEC. 575. Notwithstanding any other provision of
law, of the funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’, not to exceed $10,000,000 may be
made available to support efforts to bring about political
transition in Iraq, of which not to exceed $8,000,000 may
be made available only to Iraqi opposition groups des-
ignated under the Iraq Liberation Act (Public Law 105–
338) for political, economic, humanitarian, and other ac-
tivities of such groups, and not to exceed $2,000,000 may
be made available for groups and activities seeking the
116
HR 4811 RH
prosecution of Saddam Hussein and other Iraqi govern-
ment officials for war crimes: Provided, That none of these
funds may be made available for administrative expenses
of the Department of State.
AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET
JUSTIFICATION
SEC. 576. The Agency for International Development
shall submit to the Committees on Appropriations a de-
tailed budget justification that is consistent with the re-
quirements of section 515, for each fiscal year. The Agen-
cy shall submit to the Committees on Appropriations a
proposed budget justification format no later than October
31, 2001, or 30 days after the enactment of this Act,
whichever occurs later. The proposed format shall include
how the Agency’s budget justification will address: (1) es-
timated levels of obligations for the current fiscal year and
actual levels for the two previous fiscal years; (2) the
President’s request for new budget authority and esti-
mated carryover obligational authority for the budget
year; (3) the disaggregation of budget data and staff levels
by program and activity for each bureau, field mission,
and central office; and (4) the need for a user-friendly,
transparent budget narrative.
KYOTO PROTOCOL
SEC. 577. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
117
HR 4811 RH
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol,
which was adopted on December 11, 1997, in Kyoto,
Japan, at the Third Conference of the Parties to the
United States Framework Convention on Climate Change,
which has not been submitted to the Senate for advice and
consent to ratification pursuant to article II, section 2,
clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Pro-
tocol. The limitation established in this section shall not
apply to any activity otherwise authorized by law.
WEST BANK AND GAZA PROGRAM
SEC. 578. For fiscal year 2001, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United
States financial information in order to review the uses
of United States assistance for the Program funded under
the heading ‘‘Economic Support Fund’’ for the West Bank
and Gaza.
INDONESIA
SEC. 579. Funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’ may be
made available for Indonesia if the President determines
118
HR 4811 RH
and submits a report to the appropriate congressional
committees that the Indonesian government and the Indo-
nesian armed forces are—
(1) taking effective measures to bring to justice
members of the armed forces and militia groups
against whom there is credible evidence of human
rights violations;
(2) taking effective measures to bring to justice
members of the armed forces against whom there is
credible evidence of aiding or abetting militia
groups;
(3) allowing displaced persons and refugees to
return home to East Timor, including providing safe
passage for refugees returning from West Timor;
(4) not impeding the activities of the United
Nations Transitional Authority in East Timor
(UNTAET);
(5) demonstrating a commitment to preventing
incursions into East Timor by members of militia
groups in West Timor; and
(6) demonstrating a commitment to account-
ability by cooperating with investigations and pros-
ecutions of members of the Indonesian armed forces
and militia groups responsible for human rights vio-
lations in Indonesia and East Timor.
119
HR 4811 RH
MAN AND THE BIOSPHERE
SEC. 580. None of the funds appropriated or other-
wise made available by this Act may be provided for the
United Nations Man and the Biosphere Program or the
United Nations World Heritage Fund.
CONSULTATIONS ON ARMS SALES TO TAIWAN
SEC. 581. Consistent with the intent of Congress ex-
pressed in the enactment of section 3(b) of the Taiwan
Relations Act, the Secretary of State shall consult with
the appropriate committees and leadership of Congress to
devise a mechanism to provide for congressional input
prior to making any determination on the nature or quan-
tity of defense articles and services to be made available
to Taiwan.
RESTRICTION ON UNITED STATES ASSISTANCE FOR CER-
TAIN RECONSTRUCTION EFFORTS IN CENTRAL EU-
ROPE
SEC. 582. Funds appropriated or otherwise made
available by this Act for United States assistance for East-
ern Europe and the Baltic States should to the maximum
extent practicable be used for the procurement of articles
and services of United States origin.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS
DESTABILIZING SIERRA LEONE
SEC. 583. (a) None of the funds appropriated by this
Act may be made available for assistance for the govern-
120
HR 4811 RH
ment of any country that the Secretary of State deter-
mines there is credible evidence that such government has
provided lethal or non-lethal military support or equip-
ment, directly or through intermediaries, within the pre-
vious six months to the Sierra Leone Revolutionary United
Front (RUF), or any other group intent on destabilizing
the democratically elected government of the Republic of
Sierra Leone.
(b) None of the funds appropriated by this Act may
be made available for assistance for the government of any
country that the Secretary of State determines there is
credible evidence that such government has aided or abet-
ted, within the previous six months, in the illicit distribu-
tion, transportation, or sale of diamonds mined in Sierra
Leone.
(c) Whenever the prohibition on assistance required
under subsection (a) or (b) is exercised, the Secretary of
State shall notify the Committees on Appropriations in a
timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 584. Section 579(c)(2)(D) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 2000, as enacted by section 1000(a)(2) of
the Consolidated Appropriations Act, 2000 (Public Law
106–113), is amended by striking ‘‘December 31, 2000’’
and inserting in lieu thereof ‘‘December 31, 2001’’.
121
HR 4811 RH
WORKING CAPITAL FUND
SEC. 585. Section 635 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2395) is amended by adding a new
subsection (l) as follows:
‘‘(l)(1) There is hereby established a working capital
fund for the United States Agency for International De-
velopment which shall be available without fiscal year limi-
tation for the expenses of personal and nonpersonal serv-
ices, equipment and supplies for: (A) International Coop-
erative Administrative Support Services; and (B) rebates
from the use of United States Government credit cards.
‘‘(2) The capital of the fund shall consist of the fair
and reasonable value of such supplies, equipment, and
other assets pertaining to the functions of the fund as the
Administrator determines, rebates from the use of United
States Government credit cards, and any appropriations
made available for the purpose of providing capital, less
related liabilities.
‘‘(3) The fund shall be reimbursed or credited with
advance payments for services, equipment or supplies pro-
vided from the fund from applicable appropriations and
funds of the agency, other Federal agencies and other
sources authorized by section 607 of this Act at rates that
will recover total expenses of operation, including accrual
of annual leave and depreciation. Receipts from the dis-
122
HR 4811 RH
posal of, or payments for the loss or damage to, property
held in the fund, rebates, reimbursements, refunds, and
other credits applicable to the operation of the fund may
be deposited in the fund.
‘‘(4) The agency shall transfer to the Treasury as
miscellaneous receipts as of the close of the fiscal year
such amounts which the Administrator determines to be
in excess of the needs of the fund.
‘‘(5) The fund may be charged with the current value
of supplies and equipment returned to the working capital
of the fund by a post, activity or agency and the proceeds
shall be credited to current applicable appropriations.’’.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 586. (1) LIMITATIONS ON AMOUNT OF CON-
TRIBUTION.—Of the amounts made available under
‘‘International Organizations and Programs’’, not more
than $25,000,000 for fiscal year 2001 shall be available
for the United Nations Population Fund (hereafter in this
subsection referred to as the ‘‘UNFPA’’).
(2) PROHIBITION ON USE OF FUNDS IN CHINA.—
None of the funds made available under ‘‘International
Organizations and Programs’’ may be made available for
the UNFPA for a country program in the People’s Repub-
lic of China.
(3) CONDITIONS
ON AVAILABILITY
OF FUNDS.—
Amounts made available under ‘‘International Organiza-
123
HR 4811 RH
tions and Programs’’ for fiscal year 2001 for the UNFPA
may not be made available to UNFPA unless—
(A) the UNFPA maintains amounts made
available to the UNFPA under this section in an ac-
count separate from other accounts of the UNFPA;
(B) the UNFPA does not commingle amounts
made available to the UNFPA under this section
with other sums; and
(C) the UNFPA does not fund abortions.
(4) REPORT TO THE CONGRESS AND WITHHOLDING
OF FUNDS.—
(A) Not later than February 15, 2001, the Sec-
retary of State shall submit a report to the appro-
priate congressional committees indicating the
amount of funds that the United Nations Population
Fund is budgeting for the year in which the report
is submitted for a country program in the People’s
Republic of China.
(B) If a report under subparagraph (A) indi-
cates that the United Nations Population Fund
plans to spend funds for a country program in the
People’s Republic of China in the year covered by
the report, then the amount of such funds that the
UNFPA plans to spend in the People’s Republic of
China shall be deducted from the funds made avail-
124
HR 4811 RH
able to the UNFPA after March 1 for obligation for
the remainder of the fiscal year in which the report
is submitted.
AUTHORIZATION FOR POPULATION PLANNING
SEC. 587. (a) AUTHORIZATION.—Not to exceed
$385,000,000 of the funds appropriated in title II of this
Act may be available for population planning activities or
other population assistance.
(b) RESTRICTION ON ASSISTANCE TO FOREIGN OR-
GANIZATIONS THAT PERFORM OR ACTIVELY PROMOTE
ABORTIONS.—
(1) PERFORMANCE OF ABORTIONS.—(A) Not-
withstanding section 614 of the Foreign Assistance
Act of 1961, or any other provision of law, no funds
appropriated by title II of this Act for population
planning activities or other population assistance
may be made available for any foreign private, non-
governmental, or multilateral organization until the
organization certifies that it will not, during the pe-
riod for which the funds are made available, perform
abortions in any foreign country, except where the
life of the mother would be endangered if the preg-
nancy were carried to term or in cases of forcible
rape or incest.
(B) Subparagraph (A) may not be construed to
apply to the treatment of injuries or illnesses caused
125
HR 4811 RH
by legal or illegal abortions or to assistance provided
directly to the government of a country.
(2) 
LOBBYING
ACTIVITIES.—(A) 
Notwith-
standing section 614 of the Foreign Assistance Act
of 1961, or any other provision of law, no funds ap-
propriated by title II of this Act for population plan-
ning activities or other population assistance may be
made available for any foreign private, nongovern-
mental, or multilateral organization until the organi-
zation certifies that it will not, during the period for
which the funds are made available, violate the laws
of any foreign country concerning the circumstances
under which abortion is permitted, regulated, or pro-
hibited, or engage in activities or efforts to alter the
laws or governmental policies of any foreign country
concerning the circumstances under which abortion
is permitted, regulated, or prohibited.
(B) Subparagraph (A) shall not apply to activi-
ties in opposition to coercive abortion or involuntary
sterilization.
(3) APPLICATION
TO
FOREIGN
ORGANIZA-
TIONS.—The prohibitions and certifications of this
subsection apply to funds made available to a for-
eign organization either directly or as a subcon-
tractor or subgrantee.
126
HR 4811 RH
(c) WAIVER AUTHORITY.—
(1) AUTHORITY.—The President may waive the
restrictions contained in subsection (b) that require
certifications from foreign private, nongovernmental,
or multilateral organizations.
(2) REDUCTION OF ASSISTANCE.—In the event
the President exercises the authority contained in
paragraph (1) to waive either or both subsections
(b)(1) and (b)(2), then—
(A) assistance authorized by subsection (a)
and allocated for population planning activities
or other population assistance shall be reduced
by a total of $12,500,000, and that amount
shall be transferred from funds appropriated by
this Act under the heading ‘‘Development As-
sistance’’ and consolidated and merged with
funds appropriated by this Act under the head-
ing ‘‘Child Survival and Disease Programs
Fund’’; and
(B) notwithstanding any other provision of
law, such transferred funds that would have
been made available for population planning ac-
tivities or other population assistance shall be
made available for infant and child health pro-
grams that have a direct, measurable, and high
127
HR 4811 RH
impact on reducing the incidence of illness and
death among children.
(3) LIMITATION.—The authority provided in
paragraph (1) may be exercised to allow the provi-
sion of not more than $15,000,000, in the aggre-
gate, to all foreign private, nongovernmental, or
multilateral organizations with respect to which such
authority is exercised.
(4) ADDITIONAL REQUIREMENTS.—Upon exer-
cising the authority provided in paragraph (1), the
President shall report in writing to the Committee
on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Ap-
propriations and the Committee on International Re-
lations of the House of Representatives.
AMERICAN CHURCHWOMEN IN EL SALVADOR
SEC. 588. (a) Information relevant to the December
2, 1980, murders of four American churchwomen in El
Salvador shall be made public to the fullest extent pos-
sible.
(b) The Secretary of State and the Department of
State are to be commended for fully releasing information
regarding the murders.
(c) The President shall order all Federal agencies and
departments that possess relevant information to make