[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4811 Engrossed in House (EH)]
2d Session
H. R. 4811
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for
other purposes.
106th CONGRESS
2d Session
H. R. 4811
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of the enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $825,000,000 (reduced by $82,500,000) to remain
available until September 30, 2004: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall remain available until September 30, 2019 for the
disbursement of direct loans, loan guarantees, insurance and tied-aid
grants obligated in fiscal years 2001, 2002, 2003, and 2004: Provided
further, That none of the funds appropriated by this Act or any prior
Act appropriating funds for foreign operations, export financing, or
related programs for tied-aid credits or grants may be used for any
other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section 2(b)(2) of
the Export Import Bank Act of 1945, in connection with the purchase or
lease of any product by any East European country, any Baltic State or
any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$62,000,000 (reduced by $7,000,000): Provided, That necessary expenses
(including special services performed on a contract or fee basis, but
not including other personal services) in connection with the
collection of moneys owed the Export-Import Bank, repossession or sale
of pledged collateral or other assets acquired by the Export-Import
Bank in satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation of the
legal or technical aspects of any transaction for which an application
for a loan, guarantee or insurance commitment has been made, shall be
considered nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof shall
remain in effect until October 1, 2001.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $37,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $24,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be
derived by transfer from the Overseas Private Investment Corporation
noncredit account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2001 and 2002:
Provided further, That such sums shall remain available through fiscal
year 2010 for the disbursement of direct and guaranteed loans obligated
in fiscal years 2001 and 2002: Provided further, That in addition, such
sums as may be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for administrative
expenses to carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged with said
account: Provided further, That funds made available under this heading
or in prior appropriations Acts that are available for the cost of
financing under section 234 of the Foreign Assistance Act of 1961,
shall be available for purposes of section 234(g) of such Act, to
remain available until expended.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $46,000,000, to remain available
until September 30, 2002.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2001, unless
otherwise specified herein, as follows:
agency for international development
child survival and disease programs fund
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for child
survival, basic education, assistance to combat tropical and other
infectious diseases, and related activities, in addition to funds
otherwise available for such purposes, $834,000,000 (increased by
$10,000,000) (increased by $42,000,000), to remain available until
expended: Provided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral rehydration
programs; (3) health and nutrition programs, and related education
programs, which address the needs of mothers and children; (4) water
and sanitation programs; (5) assistance for displaced and orphaned
children; (6) programs for the prevention, treatment, and control of,
and research on, tuberculosis, HIV/AIDS, polio, malaria and other
infectious diseases; and (7) basic education programs for children:
Provided further, That none of the funds appropriated under this
heading may be made available for nonproject assistance, except that
funds may be made available for such assistance for ongoing health
programs: Provided further, of the funds appropriated under this
heading, not to exceed $125,000, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of child survival, maternal health, and infectious disease
programs: Provided further, That the following amounts should be
allocated as follows: $290,000,000 for child survival and maternal
health; $30,000,000 for vulnerable children; $202,000,000 (increased by
$10,000,000) (increased by $42,000,000) for HIV/AIDS; $99,000,000 for
other infectious diseases; $103,000,000 for children's basic education;
and $110,000,000 for UNICEF: Provided further, That of the funds
appropriated under this heading, up to $37,500,000 may be made
available for a United States contribution to the Global Fund for
Children's Vaccines.
development assistance
For necessary expenses to carry out the provisions of sections 103
through 106, and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of
the Foreign Assistance Act of 1969, $1,258,000,000, to remain available
until September 30, 2002: Provided, That of the amount appropriated
under this heading, up to $10,000,000 may be made available for and
apportioned directly to the Inter-American Foundation: Provided
further, That of the amount appropriated under this heading, up to
$16,000,000 may be made available for the African Development
Foundation and shall be apportioned directly to that agency: Provided
further, That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made available to
any organization or program which, as determined by the President of
the United States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided
further, That none of the funds made available under this heading may
be used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions; and
that in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or information
about access to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committee on International Relations
and the Committee on Appropriations of the House of Representatives and
to the Committee on Foreign Relations and the Committee on
Appropriations of the Senate, a report containing a description of such
violation and the corrective action taken by the Agency: Provided
further, That in awarding grants for natural family planning under
section 104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section 104 of
the Foreign Assistance Act of 1961: Provided further, That none of the
funds appropriated under this heading may be made available for any
activity which is in contravention to the Convention on International
Trade in Endangered Species of Flora and Fauna (CITES): Provided
further, That of the funds appropriated under this heading that are
made available for assistance programs for displaced and orphaned
children and victims of war, not to exceed $25,000, in addition to
funds otherwise available for such purposes, may be used to monitor and
provide oversight of such programs.
lebanon
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $18,000,000
should be made available for Lebanon to be used, among other programs,
for scholarships and direct support of the American educational
institutions in Lebanon.
private and voluntary organizations
None of the funds appropriated or otherwise made available by this
Act for development assistance may be made available to any United
States private and voluntary organization, except any cooperative
development organization, which obtains less than 20 percent of its
total annual funding for international activities from sources other
than the United States Government: Provided, That the Administrator of
the Agency for International Development, after notification to the
Committees on Appropriations, may, on a case-by-case basis, waive the
restriction contained in this paragraph, after taking into account the
effectiveness of the overseas development activities of the
organization, its level of volunteer support, its financial viability
and stability, and the degree of its dependence for its financial
support on the agency.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary
organizations at a level which is at least equivalent to the level
provided in fiscal year 1995.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $165,000,000, to
remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $40,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
program of assistance.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961:
Provided, That such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That guarantees of
loans made under this heading in support of microenterprise activities
may guarantee up to 70 percent of the principal amount of any such
loans notwithstanding section 108 of the Foreign Assistance Act of
1961. In addition, for administrative expenses to carry out programs
under this heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds made available
under this heading shall remain available until September 30, 2002.
development credit program account
(including transfer of funds)
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 635 of the Foreign Assistance Act of 1961:
Provided, That such funds shall be made available only for urban and
environmental programs: Provided further, That for the cost of direct
loans and loan guarantees, up to $2,000,000 of funds appropriated by
this Act under the heading ``Development Assistance'', may be
transferred to and merged with funds appropriated under this heading to
be made available for the purposes of part I of the Foreign Assistance
Act of 1961: Provided further, That such costs shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading. In addition, for administrative expenses to carry
out credit programs administered by the Agency for International
Development, $6,495,000, all of which may be transferred to and merged
with the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds appropriated
under this heading shall remain available until September 30, 2002.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,489,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$509,000,000: Provided, That, none of the funds appropriated under this
heading may be made available to finance the construction (including
architect and engineering services), purchase, or long term lease of
offices for use by the Agency for International Development, unless the
Administrator has identified such proposed construction (including
architect and engineering services), purchase, or long term lease of
offices in a report submitted to the Committees on Appropriations at
least 15 days prior to the obligation of these funds for such purposes:
Provided further, That the previous proviso shall not apply where the
total cost of construction (including architect and engineering
services), purchase, or long term lease of offices does not exceed
$1,000,000.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of section 667,
$27,000,000, to remain available until September 30, 2002, which sum
shall be available for the Office of the Inspector General of the
Agency for International Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,208,900,000, to remain available until September 30, 2002:
Provided, That of the funds appropriated under this heading, not to
exceed $840,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within 30 days of the enactment of this Act or by October 31, 2000,
whichever is later: Provided further, That not to exceed $695,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be
provided with the understanding that Egypt will undertake significant
economic reforms which are additional to those which were undertaken in
previous fiscal years: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the President
shall ensure that the level of such assistance does not cause an
adverse impact on the total level of nonmilitary exports from the
United States to such country and that Israel enters into a side letter
agreement at least equivalent to the fiscal year 1999 agreement:
Provided further, That of the funds appropriated under this heading not
less than $12,000,000 should be made available for assistance for
Mongolia: Provided further, That none of the funds appropriated under
this heading shall be obligated for regional or global programs, except
as provided through the regular notification procedures of the
Committees on Appropriations.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2002.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $535,000,000, to remain available until
September 30, 2002, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading not less than $5,000,000 should be made available
for assistance for the Baltic States: Provided further, That funds made
available for assistance for Kosovo from funds appropriated under this
heading and under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' shall not
exceed 15 percent of the total resources pledged by all donors for
calendar year 2001 for assistance for Kosovo as of January 1, 2001, and
shall not exceed $150,000,000: Provided further, That none of the funds
made available under this Act for assistance for Kosovo shall be made
available for large scale physical infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Fund's disbursement of such funds for program
purposes. The Fund may retain for such program purposes any interest
earned on such deposits without returning such interest to the 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.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
(d) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(e) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned or repaid
under such program) the Administrator of the Agency for International
Development shall provide written approval for grants and loans prior
to the obligation and expenditure of funds for such purposes, and prior
to the use of funds that have been returned or repaid to any lending
facility or grantee.
(f) The provisions of section 532 of this Act shall apply to funds
made available under subsection (e) and to funds appropriated under
this heading: Provided, That notwithstanding this subsection and
subsection (e), and notwithstanding section 532 of this Act, local
currencies generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in Eastern Europe
and the Baltic States to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989: Provided further, That the use of such local
currencies shall be subject to the regular notification procedures of
the Committees on Appropriations.
(g) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs
in Bosnia and Herzegovina, if he determines and certifies to the
Committees on Appropriations that the Federation of Bosnia and
Herzegovina has not complied with article III of annex 1-A of the
General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
Iranian officials and Bosnian officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and the
FREEDOM Support Act, for assistance for the Independent States of the
former Soviet Union and for related programs, $740,000,000, to remain
available until September 30, 2002: Provided, That the provisions of
such chapters shall apply to funds appropriated by this paragraph:
Provided further, That such sums as may be necessary may be transferred
to the Export-Import Bank of the United States for the cost of any
financing under the Export-Import Bank Act of 1945 for activities for
the Independent States: Provided further, That of the funds made
available for the Southern Caucasus region, 15 percent should be used
for confidence-building measures and other activities in furtherance of
the peaceful resolution of the regional conflicts, especially those in
the vicinity of Abkhazia and Nagorno-Karabagh.
(b) Of the funds appropriated under this heading, not less than
12.5 percent should be made available for assistance for Georgia.
(c) Of the funds appropriated under this heading, not less than
12.5 percent should be made available for assistance for Armenia.
(d) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(e) Not more than 25 percent of the funds appropriated under this
heading may be made available for assistance for any country in the
region. Activities authorized under title V (nonproliferation and
disarmament programs and activities) of the FREEDOM Support Act shall
not be counted against the 25 percent limitation.
(f)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federation,
50 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation has terminated
implementation of arrangements to provide Iran with technical
expertise, training, technology, or equipment necessary to develop a
nuclear reactor, related nuclear research facilities or programs, or
ballistic missile capability.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases and child
survival activities; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(g) None of the funds appropriated under this heading may be made
available for assistance for the Government of the Russian Federation
until the Secretary of State certifies to the Committees on
Appropriations that the Russian Federation is in compliance with
article V of the Treaty on Conventional Armed Forces in Europe
regarding forces deployed in the flank zone in and around Chechnya.
(h) Of the funds appropriated under this heading, not less than
$45,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental health, and to combat infectious diseases, and for
related activities.
Independent Agency
peace corps
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $258,000,000, including the purchase of not
to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2002.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $305,000,000, to remain available until
expended: Provided, That any funds made available under this heading
for anti-crime programs and activities shall be made available subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That during fiscal year 2001, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of
the Committees on Appropriations.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, contributions to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $645,000,000, to remain available until expended: Provided, That
not more than $14,852,000 shall be available for administrative
expenses.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $12,500,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section
2(c)(2) of the Act which would limit the amount of funds which could be
appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $241,600,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support
Act for the Nonproliferation and Disarmament Fund, section 23 of the
Arms Export Control Act or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the International Atomic Energy Agency (IAEA)
and a voluntary contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
That the Secretary of State shall inform the Committees on
Appropriations at least 20 days prior to the obligation of funds for
the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
Provided further, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated under this
heading may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to participate in
the activities of that Agency.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961 (relating to international
affairs technical assistance activities), $2,000,000, to remain
available until expended, which shall be available nowithstanding any
other provision of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, and of modifying concessional credit agreements with least
developed countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as amended,
and concessional loans, guarantees and credit agreements, as authorized
under section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461),
$82,400,000 (increased by $155,600,000), to remain available until
expended: Provided, That of this amount, not less than $13,000,000
shall be made available to carry out the provisions of part V of the
Foreign Assistance Act of 1961: Provided further, That funds
appropriated or otherwise made available under this heading in this Act
or under prior appropriations Acts for foreign operations, export
financing, and related programs may be used by the Secretary of the
Treasury to pay to the Heavily Indebted Poor Country (HIPC) Trust Fund
administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund debt
reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Bank; and
(3) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country that is credibly reported to be engaged in a
consistent pattern of gross violations of internationally recognized
human rights or in military or civil conflict that undermines its
ability to develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end: Provided
further, That 15 days prior to any agreement by the United States to
make payments to the HIPC Trust Fund for the benefit of any country
other than Bolivia and Mozambique, the Secretary of the Treasury shall
submit a reprogramming request under the regular notification
procedures of the Committees on Appropriations: Provided further, That
prior to the payment of any amount to the HIPC Trust Fund to fund debt
reduction by an international financial institution, the Secretary of
the Treasury shall provide to the Committees on Appropriations, Banking
and Financial Services, and International Relations of the House of
Representatives, and the Committees on Appropriations, Banking, Housing
and Urban Affairs, and Foreign Relations of the Senate--
(1) a written commitment by the institution that it will
make no new market-rate loans to the HIPC member country
beneficiary for a period of 30 months and no new concessional
loans to the HIPC member country for a period of 9 months; and
(2) full documentation of any commitment by the HIPC member
country to redirect its domestic budgetary resources from
international debt repayments to private or public programs to
alleviate poverty and promote economic growth that are
additional to those previously available for such purposes
prior to participation in the enhanced HIPC Initiative:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That the authority provided by section 572 of Public Law 100-461 may be
exercised only with respect to countries that are eligible to borrow
from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly
referred to as ``IDA-only'' countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $52,500,000 (reduced by
$5,250,000), of which up to $1,000,000 may remain available until
expended: Provided, That the civilian personnel for whom military
education and training may be provided under this heading may include
civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That funds
appropriated under this heading for grant financed military education
and training for Indonesia and Guatemala may only be available for
expanded international military education and training and funds made
available for Indonesia may only be provided through the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading may be
made available to support grant financed military education and
training at the School of the Americas unless the Secretary of Defense
certifies that the instruction and training provided by the School of
the Americas is fully consistent with training and doctrine,
particularly with respect to the observance of human rights, provided
by the Department of Defense to United States military students at
Department of Defense institutions whose primary purpose is to train
United States military personnel: Provided further, That the Secretary
of Defense shall submit to the Committees on Appropriations, no later
than January 15, 2001, a report detailing the training activities of
the School of the Americas and a general assessment regarding the
performance of its graduates during 1998 and 1999: Provided further,
That none of the funds appropriated under this heading may be made
available to support grant financed military education and training at
the School of the Americas unless the Secretary of State, without
delegation, certifies that the instruction and training provided by the
School of the Americas is consistent with United States foreign policy
objectives and helps support the observance of human rights in Latin
America.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,510,000,000 (reduced by $200,000,000) (reduced by $42,000,000):
Provided, That of the funds appropriated under this heading, not to
exceed $1,980,000,000 shall be available for grants only for Israel,
and not to exceed $1,300,000,000 shall be made available for grants
only for Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the enactment
of this Act or by October 31, 2000, whichever is later: Provided
further, That it is the sense of the Congress that it is very disturbed
by reports that Israel is preparing to provide China with an airborne
radar system that could threaten both the forces of democratic Taiwan
and the United States in the region surrounding the Taiwan Strait. The
Congress urges Israel to terminate the existing contract to sell an
airborne radar system to the People's Republic of China: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$520,000,000 should be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That Foreign Military Financing Program
funds estimated to be outlayed for Egypt during fiscal year 2001 shall
be disbursed within 30 days of the enactment of this Act or by October
31, 2000, whichever is later: Provided further, That funds appropriated
by this paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further, That
funds made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan and Liberia: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision of law,
for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further, That
none of the funds appropriated under this heading shall be available
for assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$30,495,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $340,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2001 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds made available
under this heading shall be available for any non-NATO country
participating in the Partnership for Peace Program except through the
regular notification procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $117,900,000: Provided, That
none of the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $35,800,000, to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $576,600,000 (reduced by $10,000,000), to
remain available until expended: Provided: That the Secretary of the
Treasury shall: (1) seek to ensure to the maximum extent possible that
for countries eligible for debt reduction under the enhanced Heavily
Indebted Poor Country (HIPC) Initiative that have reached the
completion point, the terms of new assistance by the International
Development Association shall be on grant terms; and (2) submit a
report to the Speaker of the House of Representatives, the President of
the Senate, and the Committees on Appropriations no later than June 30,
2001, on the progress achieved in achieving the objective in paragraph
(1): Provided further, That $10,000,000 shall be withheld from
obligation until Congress is in receipt of said report: Provided
further, That in negotiating United States participation in the next
replenishment of the International Development Association, the
Secretary of the Treasury shall accord high priority to providing the
International Development Association with the policy flexibility to
provide new grant assistance to countries eligible for debt reduction
under the enhanced HIPC Initiative.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $4,900,000, for the United States paid-in
share of the increase in capital stock, to remain available until
expended.
limitation on callable capital
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital stock in an
amount not to exceed $24,500,000.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $8,000,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $10,000,000, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $72,000,000,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $3,100,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $49,574,000.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$72,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,778,717, for the United States
share of the paid-in portion of the increase in capital stock, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $5,000,000, to remain available until expended.
International Organizations and Programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $183,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That not less than $5,000,000 should be
made available to the World Food Program: Provided further, That none
of the funds appropriated under this heading may be made available to
the Korean Peninsula Energy Development Organization (KEDO) or the
International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
prohibition of bilateral funding for international financial
institutions
Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act
of 1961, none of the funds contained in title II of this Act may be
used to carry out the provisions of section 209(d) of the Foreign
Assistance Act of 1961: Provided, That none of the funds appropriated
by title II of this Act may be transferred by the Agency for
International Development directly to an international financial
institution (as defined in section 533 of this Act) for the purpose of
repaying a foreign country's loan obligations to such institution.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the Agency for International Development during the current fiscal
year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs of
administering military assistance and sales under the heading ``Foreign
Military Financing Program'', not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $50,000 shall be available
for representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available (other
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or
technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Sudan, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the Export-Import
Bank or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected head
of government is deposed by decree or military coup: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of the fiscal
year immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 2001.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
part I, section 667, and chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'', shall remain
available until expended if such funds are initially obligated before
the expiration of their respective periods of availability contained in
this Act: Provided further, That, notwithstanding any other provision
of this Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available until expended: Provided further, That, effective upon
enactment into law of this Act, the final proviso under the heading
``Foreign Military Financing Program'' contained 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) shall be null and void: Provided further, That the
report required by section 653(a) of the Foreign Assistance Act of 1961
shall designate for each country, to the extent known at the time of
submission of such report, those funds allocated for cash disbursement
for balance of payment and economic policy reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to the government of such
country by the United States pursuant to a program for which funds are
appropriated under this Act: Provided, That this section and section
620(q) of the Foreign Assistance Act of 1961 shall not apply to funds
made available for any narcotics-related assistance for Colombia,
Bolivia, and Peru authorized by the Foreign Assistance Act of 1961 or
the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
notification requirements
Sec. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the Independent States of the Former
Soviet Union'', ``Economic Support Fund'', ``Peacekeeping Operations'',
``Operating Expenses of the Agency for International Development'',
``Operating Expenses of the Agency for International Development Office
of Inspector General'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees of both
Houses of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms Export
Control Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days
in advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance Act of 1961
of less than 10 percent of the amount previously justified to the
Congress for obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements of this
section or any similar provision of this Act or any other Act,
including any prior Act requiring notification in accordance with the
regular notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk to
human health or welfare: Provided further, That in case of any such
waiver, notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in no event
later than 3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation 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 procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, 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 Assistance 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 assistance for a government of an
Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection 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 Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(c) Funds appropriated under the heading ``Assistance 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 Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e) Funds appropriated in this or prior appropriations Acts that
are or have been made available for an Enterprise Fund in the
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without 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 contracts, or making
grants, with funds appropriated in this Act or prior appropriations
Acts under the headings ``Assistance 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 private sector
development, the Coordinator for United States Assistance to the New
Independent States and the implementing agency shall encourage the
participation of and give significant weight to contractors and
grantees who propose investing a significant amount of their own
resources (including volunteer services and in-kind contributions) in
such projects and activities.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the 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 above provisions related to
abortions and involuntary sterilizations: Provided, That none of the
funds made available under this Act may be used to lobby for or against
abortion.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2001, for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be used,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Haiti, Liberia, 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 appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International 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 report, 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 Development for the purpose of carrying out child
survival, basic education, and infectious disease activities: Provided,
That up to $1,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be used to
reimburse such agencies, institutions, and organizations for such costs
of such individuals carrying out other development assistance
activities: Provided 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 Immune Deficiency Syndrome may be
made available notwithstanding any provision of law that restricts
assistance to foreign countries: Provided further, That funds
appropriated 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 otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national interest of the United States.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees 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 acquisition 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 Department Basic Authorities Act of 1956.
democracy in china
Sec. 526. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated 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 purpose
fostering democracy in that country, and for activities 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
government 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 activities to foster democracy in that country
notwithstanding this proviso and any other provision of law: Provided
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 section 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 implementing
Office of Management and Budget Circular A-122 as dated June 1, 1998,
or any successor circular: Provided further, That funds made available
pursuant to the authority of this section shall be subject to the
regular notification procedures of the Committees on Appropriations:
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 Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (as enacted into law by section 1000(a)(2) of
Public Law 106-113) is amended by striking ``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 assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(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 subsection (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 Appropriations of
the waiver (including the justification for the waiver) 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 reports to the Committees on
Appropriations providing information 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 report shall include the
following--
(1) the current and projected status of obligations and
expenditures by appropriations account, by country, and by
program, project, and activity;
(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 programs, projects, and
activities are funded through appropriations contained in title
VI.
(b) For each report required by this section, a classified annex
may be submitted if deemed necessary and appropriate.
(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 opportunity to bid for insurance when such insurance is
necessary 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 chapter 2 of part II of the Foreign Assistance Act of 1961.
(b) Additional Transfers Authorized.--In addition to the defense
articles otherwise authorized to be transferred by section 581 of the
Foreign Operations, Export Financing, and Related Program Appropriation
Act, 1990, the United States may sell or otherwise make available
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 replace, 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 participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local 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 provided to
that organization.
separate accounts
Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the Agency
for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the Agency for
International Development shall report on an annual basis as part of
the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (House
Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, 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 promoted 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 Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made as
payment to any international financial institution 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 institution at a rate in excess of the rate provided
for an individual 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 financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 534. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign Assistance Act
of 1961 (including title IV of chapter 2 of part I, relating to the
Overseas Private Investment 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 Council sanctions against
Iraq unless the President determines and so certifies to the Congress
that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
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 development
foundation
Sec. 535. (a) Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities 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 activities in a country for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for ``International Organizations and Programs''
in this or any other Act, including prior appropriations Acts, shall
not be construed to be applicable to the International Fund for
Agricultural Development.
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 enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
funding prohibition for serbia
Sec. 537. None of the funds appropriated by this Act may be made
available for assistance for the Republic of Serbia: Provided, That
this restriction shall not apply to assistance for Kosovo or
Montenegro, or to assistance to promote democratization: Provided
further, That section 620(t) of the Foreign Assistance Act of 1961, as
amended, shall not apply to Kosovo or Montenegro.
special authorities
Sec. 538. (a) Afghanistan, Lebanon, Montenegro, Victims of War,
Displaced Children, and Displaced Burmese.--Funds appropriated in
titles I and II of this Act that are made available for Afghanistan,
Lebanon, Montenegro, and for victims of war, displaced children, and
displaced Burmese, may be made available notwithstanding any other
provision of law: Provided, That any such funds that are made available
for Cambodia shall be subject to the provisions of section 531(e) of
the Foreign Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiversity
conservation activities and, subject to the regular notification
procedures of the Committees on Appropriations, energy programs aimed
at reducing greenhouse gas emissions: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) U.S. Agency for International Development.--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 provisions of section
1003 of Public Law 100-204 if the President 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.
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 immediately 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 troubling 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 rescind 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 firms that have
commercial relations with Israel and to normalize their
relations with Israel;
(B) take into consideration the participation of
any recipient country in the primary boycott of Israel
and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress annually on the specific
steps being taken by the United States and the progress
achieved to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel and to expand the
process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of
the United States to enact laws prohibiting businesses
from complying with the boycott 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 administration of justice in countries in Latin America
and the Caribbean 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 Nongovernmental 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 national interest of the United States:
Provided further, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2001, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
earmarks
Sec. 542. (a) Funds appropriated by this Act which are earmarked
may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation 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 significantly reduced its military or economic
cooperation with the United States since the enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States,
the President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other
Act shall be extended for an additional fiscal year if the
Administrator 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 circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 543. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so
directs.
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, assistance 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 greatest extent
practicable, all agriculture commodities, equipment and products
purchased with funds made available in this Act should be American-
made.
(c) In providing financial assistance to, or entering into any
contract with, any entity using funds made available 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 Federal agency and the United
States directors of international 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 member 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 another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
consulting services
Sec. 547. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 548. None of the funds appropriated or made available pursuant
to this Act shall be available to a private voluntary organization
which fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 549. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government 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 President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including 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 percent 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 Secretary of State certifies
and reports in writing to the appropriate congressional committees that
such fines and penalties are fully paid to the government of the
District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 551. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation 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 suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
war crimes tribunals drawdown
Sec. 552. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination 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 Committees on Appropriations
describing the steps the United States Government is taking to collect
information regarding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish that
information to the United Nations War Crimes 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 notification procedures of the Committees on
Appropriations.
landmines
Sec. 553. Notwithstanding any other provision of law, demining
equipment available to the Agency for International 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 prescribe.
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 Jerusalem 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 Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration
of Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for
in the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such
authority should continue to take place in 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 otherwise made
available by this Act under the heading ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Child Survival
and Disease 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, including 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 (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(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 subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction 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
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 557. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision 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 Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only
for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(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 development, and child
survival and other child development, in a manner
consistent with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition
of any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance 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 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, reduction,
or cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined 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 established 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 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 provided 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 available for assistance for the
Government of Haiti until--
(1) the Secretary of State reports to the Committees 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 Appropriations that the
Government of Haiti is fully cooperating with United States
efforts to interdict illicit drug traffic through Haiti to the
United States.
(b) Not more than 11 percent of the 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, that are made
available for Latin America and the Caribbean region may be made
available, 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 Requirement.--In addition to
the voting practices of a foreign country, the report required to be
submitted to Congress under section 406(a) of the Foreign Relations
Authorization Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall
include a side-by-side comparison of individual countries' overall
support for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal year 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 Foreign 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 Contributions for the United
Nations.--None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if
the United Nations implements or imposes any taxation on any United
States persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) unless the President
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 section 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 providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the 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 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
effective measures to bring the responsible members of the security
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 appropriations 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 Treasury shall
instruct the United States executive directors of the
international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to any
country or entity described in subsection (e).
(2) Notification.--Not less than 15 days before any vote in
an international financial institution regarding the extension
of financial or technical assistance or grants to any country
or entity described in subsection (e), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial
Services of the House of 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 proposed
assistance by municipality, its purpose, and its intended
beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guaranty
Agency, and the European Bank for Reconstruction and
Development.
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical
infrastructure projects involving activities in both a
sanctioned country, entity, or municipality and a
nonsanctioned contiguous country, entity, or
municipality, if the project is primarily located in
and primarily benefits the nonsanctioned country,
entity, or municipality and if the portion of the
project located in the sanctioned country, entity, or
municipality is necessary only to complete the project;
(D) small-scale assistance projects or activities
requested by United States Armed Forces that promote
good relations between such forces and the officials
and citizens of the areas in the United States SFOR
sector of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial
institutions to a country or entity to support common
monetary and fiscal policies at the national level as
contemplated by the Dayton Agreement;
(G) direct lending to a non-sanctioned entity, or
lending passed on by the national government 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 Secretary of State,
in consultation with the Administrator 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 country,
entity, or municipality described in subsection (e), including
a description of the purpose of the assistance, project and its
location, by municipality.
(d) Further Limitations.--Notwithstanding subsection (c)--
(1) no assistance may be made available by this Act, or any
prior Act making appropriations for foreign operations, export
financing and related programs, in any country, entity, or
municipality described in subsection (e), for a program,
project, or activity in which a publicly indicted war criminal
is known to have any financial or material interest; and
(2) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by
this Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in a community within any
country, 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 Municipality.--A sanctioned
country, entity, or municipality described in this section is one whose
competent authorities have failed, as determined by the Secretary of
State, to take necessary and significant steps to apprehend and
transfer to the Tribunal all persons who have been publicly indicted by
the Tribunal.
(f) Special Rule.--Subject to subsection (d), subsections (a) and
(b) shall not apply to the provision of assistance to an entity that is
not a sanctioned entity, notwithstanding that such entity may be within
a sanctioned country, if the Secretary of State determines and so
reports to the appropriate congressional committees that providing
assistance to that entity would promote peace and internationally
recognized human rights by encouraging that entity to cooperate fully
with the Tribunal.
(g) Current Record of War Criminals and Sanctioned Countries,
Entities, and Municipalities.--
(1) In general.--The Secretary of State shall establish and
maintain a current record of the location, including the
municipality, if known, of publicly indicted war criminals and
a current record of sanctioned countries, entities, and
municipalities.
(2) Information of the dci and the secretary of defense.--
The Director of Central Intelligence and the Secretary of
Defense should collect and provide to the Secretary of State
information concerning the location, including the
municipality, of publicly indicted war criminals.
(3) Information of the tribunal.--The Secretary of State
shall request that the Tribunal and other international
organizations and governments provide the Secretary of State
information concerning the location, including the
municipality, of publicly indicted war criminals and concerning
country, 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 September 1 each year
thereafter, the Secretary of State shall submit a report in
classified and unclassified form to the appropriate
congressional committees on the location, including the
municipality, if known, of publicly indicted war criminals, on
country, entity and municipality authorities known to have
obstructed the work of the Tribunal, and on sanctioned
countries, entities, and municipalities.
(5) Information to congress.--Upon the request 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
paragraph (1) in a report submitted to the committee in
classified and unclassified form.
(h) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect to
specified bilateral programs or international financial
institution projects or programs in a sanctioned country,
entity, or municipality upon providing a written determination
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House of
Representatives that such assistance directly supports the
implementation of the Dayton Agreement and its Annexes, which
include the obligation to apprehend and transfer indicted war
criminals to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (1) the Secretary of
State shall submit a report to the Committee on Appropriations
and the Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on International
Relations of the House of Representatives regarding the status
of efforts to secure the voluntary surrender or apprehension
and transfer of persons indicted by the Tribunal, in accordance
with the Dayton Agreement, and outlining obstacles to achieving
this goal.
(3) Assistance programs and projects affected.--Any waiver
made pursuant to this subsection shall be effective only with
respect to a specified 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 imposed pursuant to
subsections (a) and (b) with respect to a country or entity shall cease
to apply only if the Secretary of State determines and certifies to
Congress that the authorities of that country, entity, or municipality
have apprehended and transferred to the Tribunal all persons who have
been publicly indicted by the Tribunal.
(j) Definitions.--As used in this section--
(1) Country.--The term ``country'' means 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 Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(4) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia.
(k) Role of Human Rights Organizations and Government Agencies.--In
carrying out this section, the Secretary of State, the Administrator of
the Agency for International Development, and the executive directors
of the international financial institutions shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent 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 government of the russian
federation should it enact laws which would discriminate against
minority religious faiths in the russian federation
Sec. 565. None of the funds appropriated under this Act may be made
available for the Government of the Russian Federation, after 180 days
from the date of the enactment 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 that the
Government of the Russian Federation has implemented 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 Climate 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 climate change programs and
activities, domestic and international obligations for such activities
in fiscal year 2001, and any plan for programs thereafter related to
the implementation 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: Provided, That such report shall include an
accounting of expenditures by agency with each agency identifying
climate change activities and associated costs by line item as
presented in the President's Budget Appendix: Provided further, That
such report shall identify with regard to the Agency for International
Development, obligations and expenditures 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 otherwise 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'', ``International Military Education and Training'',
``Peacekeeping 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
Democracy 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 Committees on
Appropriations.
enterprise fund restrictions
Sec. 569. Prior to the distribution of any assets resulting 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 accordance 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 international financial
institutions to use the voice and vote of the United States to oppose
loans to the Central Government 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 Government of Cambodia.
foreign military training report
Sec. 571. (a) The Secretary of Defense and the Secretary 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 excluding training provided to the military personnel of
countries belonging to the North Atlantic Treaty Organization) under
programs administered by the Department of Defense 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 purpose for the
training activity, the cost of the training activity, 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 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 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 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) 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, 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 significantly diverted assistance
provided by the United States for purposes 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 reprocess spent nuclear fuel;
(6) North Korea is complying with its commitments regarding
access to suspect underground construction at Kumchang-ni;
(7) there is no credible evidence that North Korea is
engaged in a nuclear weapons program, including efforts to
acquire, develop, test, produce, or deploy such weapons; and
(8) the United States is continuing to make significant
progress on eliminating the North Korean ballistic missile
threat, including further missile tests and its ballistic
missile exports.
(c) The President may waive the certification requirements 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 appropriate congressional committees. No
funds may be obligated for KEDO until 30 days after submission to
Congress 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 activities 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 applies to
interest earned both prior to and following the enactment of this
provision: Provided further, That notwithstanding 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 provide a report to the
Committees on Appropriations in advance of exercising such waiver
authority.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 574. 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.
iraq opposition
Sec. 575. Notwithstanding any other provision of law, of the funds
appropriated under the heading ``Economic 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 designated under the
Iraq Liberation Act (Public Law 105-338) for political, economic,
humanitarian, and other activities of such groups, and not to exceed
$2,000,000 may be made available for groups and activities seeking the
prosecution of Saddam Hussein and other Iraqi government 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 detailed budget justification that
is consistent with the requirements of section 515, for each fiscal
year. The Agency 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) estimated levels of obligations for the current
fiscal year and actual levels for the 2 previous fiscal years; (2) the
President's request for new budget authority and estimated 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, decrees, 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 Protocol. 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 and submits a report to the
appropriate congressional committees that the Indonesian government and
the Indonesian 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 accountability by
cooperating with investigations and prosecutions of members of
the Indonesian armed forces and militia groups responsible for
human rights violations in Indonesia and East Timor.
man and the biosphere
Sec. 580. None of the funds appropriated or otherwise 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 expressed 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 quantity of defense
articles and services to be made available to Taiwan.
restriction on united states assistance for certain reconstruction
efforts in central europe
Sec. 582. Funds appropriated or otherwise made available by this
Act for United States assistance for Eastern 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 government of any country that
the Secretary of State determines there is credible evidence that such
government has provided lethal or non-lethal military support or
equipment, directly or through intermediaries, within the previous 6
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 abetted, within the previous 6 months, in the
illicit distribution, 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 Operations, Export
Financing, and Related Programs Appropriations 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''.
contributions to united nations population fund
Sec. 585. (1) Limitations on Amount of Contribution.--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
Republic of China.
(3) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations 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 account 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 Secretary of
State shall submit a report to the appropriate 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) indicates 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 available 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. 586. (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 Organizations That Perform
or Actively Promote Abortions.--
(1) Performance of abortions.--(A) Notwithstanding 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,
nongovernmental, or multilateral organization until the
organization certifies that it will not, during the period 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 pregnancy 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 by legal or illegal
abortions or to assistance provided directly to the government
of a country.
(2) Lobbying activities.--(A) Notwithstanding 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, nongovernmental,
or multilateral organization until the organization 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 prohibited, 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 activities in
opposition to coercive abortion or involuntary sterilization.
(3) Application to foreign organizations.--The prohibitions
and certifications of this subsection apply to funds made
available to a foreign organization either directly or as a
subcontractor or subgrantee.
(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 Assistance'' and consolidated and merged
with funds appropriated by this Act under the heading
``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 activities or other
population assistance shall be made available for
infant and child health programs that have a direct,
measurable, and high 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 provision of not more than
$15,000,000, in the aggregate, to all foreign private,
nongovernmental, or multilateral organizations with respect to
which such authority is exercised.
(4) Additional requirements.--Upon exercising 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
Appropriations and the Committee on International Relations of
the House of Representatives.
american churchwomen in el salvador
Sec. 587. (a) Information relevant to the December 2, 1980, murders
of four American churchwomen in El Salvador shall be made public to the
fullest extent possible.
(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 every effort to declassify
and release to the victims' families relevant information as
expeditiously as possible.
(d) In making determinations concerning the declassification and
release of relevant information, the Federal agencies and departments
shall presume in favor of releasing, rather than of withholding, such
information.
hipc trust fund conditions
Sec. 588. Beginning in fiscal year 2002, funds shall be
appropriated to the Heavily Indebted Poor Countries Initiative only
when the President of the World Bank and the Managing Director of the
International Monetary Fund submit a certification to the Secretary of
the Treasury that the Institutions they head will not include user fees
or service charges through ``community financing'', ``cost sharing'',
``cost recovery'', or any other mechanism for primary education or
primary healthcare, including prevention and treatment efforts for
AIDS, malaria, tuberculosis, and infant, child, and maternal well-being
in their Poverty Reduction Strategy Papers or any other HIPC-related
debt relief or economic reform program or plan or any other
International Monetary Fund or World Bank loan or reform program.
Sec. 589. None of the funds made available in this Act may be used
to pay for the performance of abortion or to lobby for or against
abortion.
procurement and financial management reform
Sec. 590. (a) Of the funds made available under the heading
``International Financial Institutions'' in this or any prior Act
making appropriations for foreign operations, export financing, or
related programs, 10 percent of the United States portion or payment to
any international financial institution shall be withheld by the
Secretary of the Treasury, until the Secretary certifies that--
(1) the institution is implementing procedures for
conducting semiannual audits by qualified independent auditors
for all new lending;
(2) the institution has taken steps to establish an
independent fraud and corruption investigative organization or
office;
(3) the institution has implemented a program to assess a
recipient country's procurement and financial management
capabilities, including an analysis of the risks of corruption
prior to initiating new lending; and
(4) the institution is taking steps to fund and implement
independent third-party procurement monitoring and other
similar measures designed to improve transparency,
anticorruption programs, procurement, and financial management
controls in recipient countries.
(b) Report.--The Secretary of the Treasury shall report on March 1,
2001, to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate on
progress made to fulfill the objectives identified in subsection (a).
(c) Definition.--The term ``international financial institution''
means the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Inter-American
Investment Corporation, the Enterprise for the Americas Multilateral
Investment Fund, the Asian Development Bank, the Asian Development
Fund, the African Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and the International
Monetary Fund.
Sec. 591. No funds in this Act may be used in contravention of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 592. No funds in this Act may be used in contravention of the
Act of March 3, 1933 (41 U.S.C. 10a et seq.; popularly known as the
``Buy American Act'').
prohibition on assumption by united states government of liability for
nuclear accidents in north korea
Sec. 593. (a) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used to enter into any
agreement, contract, or other arrangement which imposes liability on
the United States Government, or otherwise require financial indemnity
by the United States Government, for nuclear accidents that may occur
at nuclear reactors in the Democratic People's Republic of Korea.
(b) Exception.--Subsection (a) shall not apply to any treaty
subject to approval by the Senate pursuant to article II, section 2,
clause 2 of the Constitution of the United States.
TITLE VI--MOZAMBIQUE, MADAGASCAR, AND SOUTHERN AFRICA REHABILITATION
AND RECONSTRUCTION
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
agency for international development
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$160,000,000, for rehabilitation and reconstruction assistance for
Mozambique, Madagascar, and southern Africa, to remain available until
expended: Provided, That none of the funds appropriated under this
heading may be made available for nonproject assistance: Provided
further, That prior to any obligation of funds appropriated under this
heading, the Administrator of the Agency for International Development
shall provide the Committees on Appropriations with a detailed report
containing the amount of the proposed obligation and a description of
the programs and projects, on a country-by-country basis, to be funded
with such amount: Provided further, That up to $12,000,000 of the funds
appropriated under this heading may be charged to finance obligations
for which appropriations available under chapter 1 and 10 of part I of
the Foreign Assistance Act of 1961 were initially charged for
assistance for rehabilitation and reconstruction for Mozambique,
Madagascar, and southern Africa: Provided further, That of the funds
appropriated under this heading, up to $5,000,000 may be used for
administrative expenses, including auditing costs, of the Agency for
International Development associated with the assistance furnished
under this heading: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount provided shall be available only to the extent an official
budget request that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001''.
Passed the House of Representatives July 13, 2000.
Attest:
Clerk.