H. R. 2606—49
military units involved in each such training activity. 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 Representa-
tives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 576. (a) Of the funds made available under the heading
‘‘Nonproliferation, Anti-terrorism, Demining and Related Pro-
grams’’, not to exceed $35,000,000 may be made available for the
Korean Peninsula Energy Development 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) Of the funds made available for KEDO, up to $15,000,000
may be made available prior to June 1, 2000, 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, deploy, or
use nuclear weapons, and not to possess nuclear reprocessing
or uranium enrichment facilities;
(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 provisions of the
Agreed Framework;
(4) North Korea has not diverted assistance provided by
the United States for purposes for which it was not intended;
and
(5) North Korea is not seeking to develop or acquire the
capability to enrich uranium, or any additional capability to
reprocess spent nuclear fuel.
(c) Of the funds made available for KEDO, up to $20,000,000
may be made available on or after June 1, 2000, if, 30 days prior
to such obligation of funds, the President certifies and so reports
to Congress that—
(1) the effort to can and safely store all spent fuel from
North Korea’s graphite-moderated nuclear reactors has been
successfully concluded;
(2) North Korea is complying with its obligations under
the agreement regarding access to suspect underground
construction;
(3) North Korea has terminated its nuclear weapons pro-
gram, including all efforts to acquire, develop, test, produce,
or deploy such weapons; and
(4) the United States has made and is continuing to make
significant progress on eliminating the North Korean ballistic
missile threat, including further missile tests and its ballistic
missile exports.
(d) The President may waive the certification requirements
of subsections (b) and (c) if the President determines that it is
H. R. 2606—50
vital to the national security interests of the United States and
provides written policy justifications to the appropriate congres-
sional committees prior to his exercise of such waiver. No funds
may be obligated for KEDO until 30 days after submission to
Congress of such waiver.
(e) The Secretary of State shall submit to the appropriate
congressional committees a report (to be submitted with the annual
presentation for appropriations) providing a full and detailed
accounting of the fiscal year 2001 request for the United States
contribution to KEDO, the expected operating budget of the KEDO,
to include unpaid debt, proposed annual costs associated with heavy
fuel oil purchases, and the amount of funds pledged by other donor
nations and organizations to support KEDO activities on a per
country basis, and other related activities.
AFRICAN DEVELOPMENT FOUNDATION
SEC. 577. 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 Founda-
tion: Provided, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
this authority applies to interest earned both prior to and following
the enactment 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 Founda-
tion shall provide a report to the Committees on Appropriations
in advance of exercising such waiver authority.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 578. None of the funds appropriated or otherwise 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.
VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE UNITED
STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
SEC. 579. (a) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘agency’’ means the United States Agency
for International Development;
(2) the term ‘‘Administrator’’ means the Administrator,
United States Agency for International Development; and
(3) the term ‘‘employee’’ means an employee (as defined
by section 2105 of title 5, United States Code) who is employed
by the agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include—
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the agency;
(B) an employee having a disability on the basis of
which such employee is or would be eligible for disability
H. R. 2606—51
retirement under the applicable retirement system referred
to in subparagraph (A);
(C) an employee who is to be separated involuntarily
for misconduct or unacceptable performance, and to whom
specific notice has been given with respect to that separa-
tion;
(D) an employee who has previously received any vol-
untary separation incentive payment by the Government
of the United States under this section or any other
authority and has not repaid such payment;
(E) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(F) any employee who, during the 24-month period
preceding the date of separation, received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or who, within the 12-month period preceding
the date of separation, received a retention allowance under
section 5754 of title 5, United States Code.
(b) AGENCY STRATEGIC PLAN.—
(1) IN GENERAL.—The Administrator, before obligating any
resources for voluntary separation incentive payments under
this section, shall submit to the Committees on Appropriations
and the Office of Management and Budget a strategic plan
outlining the intended use of such incentive payments and
a proposed organizational chart for the agency once such incen-
tive payments have been completed.
(2) CONTENTS.—The agency’s plan shall include—
(A) the positions and functions to be reduced or elimi-
nated, identified by organizational unit, geographic loca-
tion, occupational category, and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered;
(C) a description of how the agency will operate without
the eliminated positions and functions; and
(D) the time period during which incentives may be
paid.
(3) APPROVAL.—The Director of the Office of Management
and Budget shall review the agency’s plan and approve or
disapprove the plan and may make appropriate modifications
in the plan with respect to the coverage of incentives as
described under paragraph (2)(A), and with respect to the mat-
ters described in paragraphs (2)(B) through (D).
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.—
(1) IN GENERAL.—A voluntary separation incentive payment
under this section may be paid by the agency to employees
of such agency and only to the extent necessary to eliminate
the positions and functions identified by the strategic plan.
(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary
separation incentive payment under this section—
(A) shall be paid in a lump sum after the employee’s
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of—
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
H. R. 2606—52
title 5, United States Code, if the employee were enti-
tled to payment under such section; or
(ii) an amount determined by the agency head
not to exceed $25,000;
(D) may not be made except in the case of any employee
who voluntarily separates (whether by retirement or res-
ignation) on or before December 31, 2000;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of Govern-
ment benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United States
Code, based on any other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—
(1) IN GENERAL.—In addition to any other payments which
it is required to make under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, the agency shall
remit to the Office of Personnel Management for deposit in
the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to
15 percent of the final basic pay of each employee of the
agency who is covered under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, to whom a vol-
untary separation incentive has been paid under this section.
(2) DEFINITION.—For the purpose of paragraph (1), the
term ‘‘final basic pay’’, with respect to an employee, means
the total amount of basic pay which would be payable for
a year of service by such employee, computed using the
employee’s final rate of basic pay, and, if last serving on other
than a full-time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN-
MENT.—
(1) An individual who has received a voluntary separation
incentive payment under this section and accepts any employ-
ment for compensation with the Government of the United
States, or who works for any agency of the Government of
the United States through a personal services contract, within
5 years after the date of the separation on which the payment
is based shall be required to pay, prior to the individual’s
first day of employment, the entire amount of the incentive
payment to the agency that paid the incentive payment.
(2) If the employment under paragraph (1) is with an
Executive agency (as defined by section 105 of title 5, United
States Code), the United States Postal Service, or the Postal
Rate Commission, the Director of the Office of Personnel
Management may, at the request of the head of the agency,
waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(3) If the employment under paragraph (1) is with an
entity in the legislative branch, the head of the entity or the
appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.