[106th Congress Public Law 429]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ429.106]
[[Page 114 STAT. 1900]]
Public Law 106-429
106th Congress
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for
other purposes. <<NOTE: Nov. 6, 2000 - [H.R. 4811]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 101. <<NOTE: Incorporation by reference.>> (a) The
provisions of H.R. 5526 of the 106th Congress, as introduced on October
24, 2000, are hereby enacted into law.
(b) <<NOTE: Publication. 1 USC 112 note.>> In publishing this Act
in slip form and in the United States Statutes at Large pursuant to
section 112 of title 1, United States Code, the Archivist of the United
States shall include after the date of approval at the end an appendix
setting forth the text of the bill referred to in subsection (a) of this
section.
Approved November 6, 2000.
LEGISLATIVE HISTORY--H.R. 4811 (S. 2522):
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HOUSE REPORTS: No. 106-720 (Comm. on Appropriations) and No. 106-997
(Comm. of Conference).
SENATE REPORTS: No. 106-291 accompanying S. 2522 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 12, 13, considered and passed House.
July 18, considered and passed Senate, amended, in lieu of
S. 2522.
Oct. 25, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Nov. 6, Presidential statement.
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__________
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ENDNOTE: The following appendix was added pursuant to the provisions
of section 101 of this Act.
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[[Page 114 STAT. 1900A-1]]
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A--H.R. 5526
APPENDIX A-1--S. 3140
[[Page 114 STAT. 1900A-3]]
APPENDIX A--H.R. 5526
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, $865,000,000 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.
[[Page 114 STAT. 1900A-4]]
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, 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: 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 $38,000,000: 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
[[Page 114 STAT. 1900A-5]]
Investment Corporation Noncredit Account and merged with said account.
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, $50,000,000, 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, $963,000,000, 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 basic education and ongoing health programs:
Provided further, That 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:
$295,000,000 for child survival and maternal health; $30,000,000 for
vulnerable children; $300,000,000 for HIV/AIDS; $125,000,000 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 $50,000,000 may be made available
for a United States contribution to the Global Fund for Children's
Vaccines, up to $10,000,000 may be made available for the International
AIDS Vaccine Initiative, and up to $20,000,000 may be made available for
a United States contribution to an international HIV/AIDS fund as
authorized by subtitle B, title I of Public Law 106-264, or a comparable
international HIV/AIDS fund.
[[Page 114 STAT. 1900A-6]]
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, $1,305,000,000, to remain available
until September 30, 2002: Provided, That of the amount appropriated
under this heading, up to $12,000,000 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
[[Page 114 STAT. 1900A-7]]
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: Provided further, That of the aggregate amount of the funds
appropriated by this Act to carry out part I of the Foreign Assistance
Act of 1961 and the Support for East European Democracy (SEED) Act of
1989, not less than $310,000,000 should be made available for
agriculture and rural development programs of which $30,000,000 should
be made available for plant biotechnology research and development:
Provided further, That not less than $2,300,000 should be made available
for core support for the International Fertilizer Development Center:
Provided further, That of the funds appropriated under this heading, not
less than $5,200,000 shall be made available to AmeriCares for the
construction, rehabilitation, and operation of community-based primary
healthcare facilities in Nicaragua, Honduras, Guatemala, and El
Salvador: Provided further, That of the funds appropriated under this
heading, not less than $500,000 should be made available for support of
the United States Telecommunications Training Institute: Provided
further, That of the funds appropriated under this heading, not less
than $17,000,000 should be made available for the American Schools and
Hospitals Abroad program: Provided further, That of the funds
appropriated under this heading, not less than $2,000,000 should be
available to support an international media training center.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the
[[Page 114 STAT. 1900A-8]]
island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus.
lebanon
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $35,000,000
shall be made available for Lebanon to be used, among other programs,
for scholarships and direct support of the American educational
institutions in Lebanon.
burma
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $6,500,000 shall be
made available to support democracy activities in Burma, democracy and
humanitarian activities along the Burma-Thailand border, and for Burmese
student groups and other organizations located outside Burma: Provided,
That funds made available for Burma-related activities under this
heading may be made available notwithstanding any other provision of
law: Provided further, That the provision of such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
conservation fund
Of the funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $4,000,000
should be made available to support the preservation of habitats and
related activities for endangered wildlife.
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 informing 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.
[[Page 114 STAT. 1900A-9]]
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, 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 new 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 $5,000,000 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, $4,000,000, 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.
[[Page 114 STAT. 1900A-10]]
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,
$520,000,000: 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, $2,295,000,000, to remain available until September 30, 2002:
Provided, That of the funds appropriated under this heading, not less
than $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 less than $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, and of which not less than $200,000,000 shall be provided
as Commodity Import Program assistance: 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 in an amount proportional to the fiscal year 1999
agreement: Provided further, That of the funds appropriated under this
heading, not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That of the funds appropriated
under
[[Page 114 STAT. 1900A-11]]
this heading, not less than $25,000,000 shall be made available for
assistance for East Timor of which up to $1,000,000 may be transferred
to and merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That of the
funds appropriated under this heading, in addition to funds otherwise
made available for Indonesia, not less than $5,000,000 should be made
available for economic rehabilitation and related activities in Aceh,
Indonesia: Provided further, That funds made available in the previous
proviso may be transferred to and merged with the appropriation for
Transition Initiatives: 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: Provided further, That
of the funds made available under this heading not less than $12,000,000
should be made available for Mongolia: Provided further, That up to
$10,000,000 of the funds appropriated under this heading may be used,
notwithstanding any other provision of law, to provide assistance to the
National Democratic Alliance of Sudan to strengthen its ability to
protect civilians from attacks, slave raids, and aerial bombardment by
the Sudanese Government forces and its militia allies, and the provision
of such funds shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That in the previous
proviso, the term ``assistance'' includes non-lethal, non-food aid such
as blankets, medicine, fuel, mobile clinics, water drilling equipment,
communications equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes.
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, $600,000,000, 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 shall be made available for
assistance for the Baltic States: Provided further, That funds made
available for assistance for Kosova 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 Kosova as of March 31, 2001: Provided
further, That of the funds
[[Page 114 STAT. 1900A-12]]
made available under this heading for Kosova, not less than $1,300,000
should be made available to support the National Albanian American
Council's training program for Kosovar women: Provided further, That
none of the funds made available under this Act for assistance for
Kosova shall be made available for large scale physical infrastructure
reconstruction: Provided further, That of the funds made available under
this heading and the headings ``International Narcotics Control and Law
Enforcement'' and ``Economic Support Fund'', not to exceed $80,000,000
shall be made available for Bosnia and Herzegovina.
(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 any provision of this or any
other Act, including provisions in this subsection regarding the
application of 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.
(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
[[Page 114 STAT. 1900A-13]]
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, $810,000,000, 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 of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law, 15 percent
may 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:
Provided further, That of the amounts appropriated under this heading
not less than $20,000,000 shall be made available solely for the Russian
Far East: Provided further, That of the funds appropriated under this
heading, not less than $1,500,000 should be available only to meet the
health and other assistance needs of victims of trafficking in persons.
(b) Of the funds appropriated under this heading, not less than
$170,000,000 should be made available for assistance for Ukraine:
Provided, That of this amount, not less than $25,000,000 should be made
available for nuclear reactor safety initiatives, and not less than
$5,000,000 should be made available for the Ukranian Land and Resource
Management Center.
(c) Of the funds appropriated under this heading, not less than
$92,000,000 shall be made available for assistance for Georgia of which
not less than $25,000,000 should be made available to support Border
Security Guard and export control initiatives.
(d) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia.
(e) 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.
(f ) 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
[[Page 114 STAT. 1900A-14]]
and disarmament programs and activities) of the FREEDOM Support Act
shall not be counted against the 25 percent limitation.
(g) Of the funds made available under this heading for nuclear
safety activities, not to exceed 8 percent of the funds provided for any
single project may be used to pay for management costs incurred by a
United States agency or national lab in administering said project.
(h)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federation,
60 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--
(A) 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;
(B) is cooperating with international efforts to investigate
allegations of war crimes and atrocities in Chechnya;
(C) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya; and
(D) 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 Chechyna.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(i) Of the funds appropriated under this heading for assistance for
Russia, and the heading ``Migration and Refugee Assistance'', not less
than $10,000,000 shall be made available to non-government organizations
providing humanitarian relief in Chechyna and Ingushetia.
( j) Of the funds appropriated under this heading, not less than
$45,000,000 shall 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), $265,000,000, 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.
[[Page 114 STAT. 1900A-15]]
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $325,000,000, 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, a contribution 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,
$700,000,000, which shall remain available until expended: Provided,
That not more than $14,500,000 shall be available for administrative
expenses: Provided further, That funds appropriated under this heading
to support activities and programs conducted by the United Nations High
Commissioner for Refugees shall be made available after reporting at
least 5 days in advance to the Committees on Appropriations: Provided
further, That the reporting requirement contained in the previous
proviso may be waived for any such obligation if failure to waive this
requirement would pose a substantial risk to human health or welfare:
Provided further, That in case of any such waiver, a report to the
Committees on Appropriations shall be provided as early as practicable,
but in no event later than 5 days after such obligation: Provided
further, That not less than $60,000,000 of the funds made available
under this heading shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in Israel.
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)), $15,000,000, 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.
[[Page 114 STAT. 1900A-16]]
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $311,600,000, 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,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, 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: Provided further, That of the funds appropriated under this
heading, $40,000,000 should be made available for demining, clearance of
unexploded ordnance, and related activities: Provided further, That of
the funds made available for demining and related activities, not to
exceed $500,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of the demining program.
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), $6,000,000, 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
[[Page 114 STAT. 1900A-17]]
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), and of canceling amounts owed, as a result of loans or
guarantees made pursuant to the Export-Import Bank Act of 1945, by
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, $238,000,000, 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 may be used by the Secretary of the
Treasury to pay to the Heavily Indebted Poor Countries (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 Fund;
(3) the African Development Bank; and
(4) 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 if the Secretary of State has credible
evidence that the government of such country is 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 on the basis
of final appropriations, the Secretary of the Treasury shall consult
with the Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit from a
United States contribution to the HIPC Trust Fund during the fiscal
year: Provided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments to the
HIPC Trust Fund of amounts for such countries and institutions: Provided
further, That the Secretary of the Treasury may disburse funds
designated for debt reduction through the HIPC Trust Fund only for the
benefit of countries that--
(a) have committed, for a period of 24 months, not to accept
new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign
[[Page 114 STAT. 1900A-18]]
exchange which are generally referred to as ``enclave'' loans;
and
(b) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic
growth that are additional to or expand upon those previously
available for such purposes:
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 none of the funds made available under this heading in this or any
other appropriations Acts shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies the
Committees on Appropriations that a democratically elected government
has taken office: 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, $55,000,000, 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 and
Guatemala may only be provided through the regular notification
procedures of the Committees on Appropriations.
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,
$3,545,000,000: Provided, That of the funds appropriated under this
heading, not less than $1,980,000,000 shall be available for grants only
for Israel, and not less than $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 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 shall be available for the procurement in Israel of
defense articles
[[Page 114 STAT. 1900A-19]]
and defense services, including research and development: Provided
further, That of the funds appropriated by this paragraph, not less than
$75,000,000 should be available for assistance for Jordan: Provided
further, That of the funds appropriated by this paragraph, not less than
$3,000,000 shall be made available for assistance for Malta: Provided
further, That of the funds appropriated by this paragraph, not less than
$8,500,000 shall be made available for assistance for Tunisia: Provided
further, That during fiscal year 2001, the President is authorized to,
and shall, direct the draw-downs of defense articles from the stocks of
the Department of Defense, defense services of the Department of
Defense, and military education and training of an aggregate value of
not less than $5,000,000 under the authority of this proviso for Tunisia
for the purposes of part II of the Foreign Assistance Act of 1961 and
any amount so directed shall count toward meeting the earmark in the
preceding proviso: Provided further, That of the funds appropriated by
this paragraph, not less than $8,000,000 shall be made available for
Georgia: Provided further, That during fiscal year 2001, the President
is authorized to, and shall, direct the draw-downs of defense articles
from the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training of an
aggregate value of not less than $4,000,000 under the authority of this
proviso for Georgia for the purposes of part II of the Foreign
Assistance Act of 1961 and any amount so directed shall count toward
meeting the earmark in the preceding proviso: 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
[[Page 114 STAT. 1900A-20]]
minimum rate necessary to make timely payment for defense articles and
services: Provided further, That not more than $33,000,000 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 foreign military
financing program funds estimated to be outlayed for Egypt during fiscal
year 2001 shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of enactment of
this Act or by October 31, 2000, whichever is later: Provided further,
That the Committees on Appropriations shall be informed at least 10 days
prior to the obligation of any interest accrued by the account
established by the previous proviso.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $127,000,000: 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, $108,000,000, 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, $775,000,000, to remain available until
expended: Provided, That the Secretary of the Treasury shall: (1) accord
high priority to encouraging the International Development Association
to establish and implement a policy to provide new assistance on grant
terms to enhanced HIPC Initiative countries that have reached the
completion point; 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 reached in
achieving the objective set forth in clause (1): Provided further, That
in negotiating United States participation in the next replenishment of
the International Development Association, the Secretary of the Treasury
[[Page 114 STAT. 1900A-21]]
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, $10,000,000, 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 $50,000,000.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $25,000,000, 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, $6,100,000, 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 $97,548,522.
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,
$100,000,000, to remain available until expended.
[[Page 114 STAT. 1900A-22]]
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, $186,000,000:
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.
[[Page 114 STAT. 1900A-23]]
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
[[Page 114 STAT. 1900A-24]]
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 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.
[[Page 114 STAT. 1900A-25]]
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 1 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
[[Page 114 STAT. 1900A-26]]
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.
[[Page 114 STAT. 1900A-27]]
(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 assistance for a government of an Independent State of the
former Soviet Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States 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.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f ) Funds appropriated in this or prior appropriations Acts that
are or have been made available for an Enterprise Fund
[[Page 114 STAT. 1900A-28]]
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.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the heading ``Assistance for the Independent States of the Former
Soviet Union'' and under comparable headings in prior appropriations
Acts, 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.
[[Page 114 STAT. 1900A-29]]
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, Pakistan, 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 $16,000,000 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
[[Page 114 STAT. 1900A-30]]
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, except funds appropriated
under the headings ``International Military Education and Training'' and
``Foreign Military Financing Program'', 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
rule of law and democracy in that country: Provided, That none of the
funds made available for activities to foster democracy in the People's
Republic of China may be made available for assistance to the 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 upon
enactment of this Act 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 notwithstanding any other provision of law
or regulation: 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 $2,000,000
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
[[Page 114 STAT. 1900A-31]]
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.
[[Page 114 STAT. 1900A-32]]
peru
Sec. 530. (a) Determination.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter during fiscal
year 2001, the Secretary of State shall determine and report to the
Committees on Appropriations whether the Government of Peru has made
substantial progress in creating the conditions for free and fair
elections, and in respecting human rights, the rule of law, the
independence and constitutional role of the judiciary and national
congress, and freedom of expression and independent media.
(b) Prohibition.--If the Secretary determines and reports pursuant
to subsection (a) that the Government of Peru has not made substantial
progress, no funds appropriated by this Act may be made available for
assistance for the Central Government of Peru.
(c) Of the funds appropriated by this Act, not less than $2,000,000
should be made available to support the work of nongovernmental
organizations and the Organization of American States in promoting free
and fair elections, democratic institutions, and human rights in Peru.
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.
[[Page 114 STAT. 1900A-33]]
(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.
[[Page 114 STAT. 1900A-34]]
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
[[Page 114 STAT. 1900A-35]]
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.
clean coal technology
Sec. 537. (a) Findings.--The Congress finds as follows:
(1) The United States is the world leader in the development
of environmental technologies, particularly clean coal
technology.
(2) Severe pollution problems affecting people in developing
countries, and the serious health problems that result from such
pollution, can be effectively addressed through the application
of United States technology.
(3) During the next century, developing countries,
particularly countries in Asia such as China and India, will
dramatically increase their consumption of electricity, and low
quality coal will be a major source of fuel for power
generation.
(4) Without the use of modern clean coal technology, the
resultant pollution will cause enormous health and environmental
problems leading to diminished economic growth in developing
countries and, thus, diminished United States exports to those
growing markets.
(b) Statement of Policy.--It is the policy of the United States to
promote the export of United States clean coal technology. In
furtherance of that policy, the Secretary of State, the Secretary of the
Treasury (acting through the United States executive directors to
international financial institutions), the Secretary of Energy, and the
Administrator of the United States Agency for International Development
(USAID) should, as appropriate, vigorously promote
[[Page 114 STAT. 1900A-36]]
the use of United States clean coal technology in environmental and
energy infrastructure programs, projects and activities. Programs,
projects and activities for which the use of such technology should be
considered include reconstruction assistance for the Balkans, activities
carried out by the Global Environment Facility, and activities funded
from USAID's Development Credit Authority.
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) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the Agency
for International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other provision of
law, for the purpose of providing direct, interim support for new or
expanded overseas programs and activities and managed by the agency
until permanent direct hire personnel are hired and trained: Provided,
That not more than 10 of such contractors shall be assigned to any
bureau or office: Provided further, That such funds appropriated to
carry out the Foreign Assistance Act of 1961 may be made available for
personal services contractors assigned only to the Office of Health and
Nutrition; the Office of Procurement; the Bureau for Africa; the Bureau
for Latin America and the Caribbean; and the Bureau for Asia and the
Near East: Provided further, That such funds appropriated to carry out
title II of the Agricultural Trade Development and Assistance Act of
1954, may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(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
[[Page 114 STAT. 1900A-37]]
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.
[[Page 114 STAT. 1900A-38]]
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,
[[Page 114 STAT. 1900A-39]]
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.
Earmarks or minimum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 544. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $750,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
purchase of american-made equipment and products
Sec. 545. (a) To the maximum extent possible, 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.
[[Page 114 STAT. 1900A-40]]
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.
[[Page 114 STAT. 1900A-41]]
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 until September
30, 2001, the Secretary of State shall submit a report to the Committees
on Appropriations describing the steps the United States Government is
taking to collect information regarding allegations of genocide or other
violations of international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tribunal for the
former Yugoslavia: Provided further, That the drawdown made under this
section for any tribunal shall
[[Page 114 STAT. 1900A-42]]
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;
[[Page 114 STAT. 1900A-43]]
(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
[[Page 114 STAT. 1900A-44]]
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''.
[[Page 114 STAT. 1900A-45]]
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 central
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--
[[Page 114 STAT. 1900A-46]]
(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 coast guard
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.--
[[Page 114 STAT. 1900A-47]]
(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.
(I) assistance to refugees and internally displaced
persons returning to their homes in Bosnia from which
they had been forced to leave on the basis of their
ethnicity.
[[Page 114 STAT. 1900A-48]]
(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 any sanctioned country, entity,
or municipality described in subsection (e) in which a person
publicly indicted by the Tribunal is in residence or is engaged
in extended activity and competent local authorities have failed
to notify the Tribunal or failed to take necessary and
significant steps to apprehend and transfer such persons to the
Tribunal or in which competent local authorities have obstructed
the work of the Tribunal.
(e) Sanctioned Country, Entity, or 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
[[Page 114 STAT. 1900A-49]]
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 Committees on Appropriations and
Foreign Relations and the Select Committee on Intelligence of
the Senate and the Committees on Appropriations and
International Relations and the Permanent Select Committee on
Intelligence 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.
[[Page 114 STAT. 1900A-50]]
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosova, 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).
discrimination 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.
[[Page 114 STAT. 1900A-51]]
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
$5,241,150,000 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
[[Page 114 STAT. 1900A-52]]
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 $55,000,000 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
[[Page 114 STAT. 1900A-53]]
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 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
Sec. 575. Notwithstanding any other provision of law, of the funds
appropriated under the heading ``Economic Support Fund'', not less than
$25,000,000 shall be made available for programs benefiting the Iraqi
people, of which not less than $12,000,000 should be made available for
food, medicine, and other humanitarian assistance (including related
administrative, communications, logistical, and transportation costs) to
be provided to the Iraqi people inside Iraq: Provided, That such
assistance should be provided through the Iraqi National Congress
Support Foundation or the Iraqi National Congress: Provided further,
That not less than $6,000,000 of the amounts made available for programs
benefiting the Iraqi people should be made available to the Iraqi
National Congress Support Foundation or the Iraqi National Congress for
the production and broadcasting inside Iraq of radio and satellite
television programming: Provided further, That funds may
[[Page 114 STAT. 1900A-54]]
be made available to support efforts to bring about political transition
in Iraq which 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 further, That none of
these funds may be made available for administrative expenses of the
Department of State: Provided further, That the President shall, not
later than 60 days after the date of enactment of this Act, submit to
the Committees on Appropriations of the Senate and the House of
Representatives a plan (in classified or unclassified form) for the
transfer to the Iraqi National Congress Support Foundation or the Iraqi
National Congress of humanitarian assistance for the Iraqi people
pursuant to this paragraph, and for the commencement of broadcasting
operations pursuant to this paragraph.
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 November 15, 2000, 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.
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
[[Page 114 STAT. 1900A-55]]
the heading ``Economic Support Fund'' for the West Bank and Gaza.
indonesia
Sec. 579. (a) Funds appropriated by this Act under the headings
``International Military Education and Training'' and ``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 Government of Indonesia 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;
(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.
taiwan reporting requirement
Sec. 581. Not less than 30 days prior to the next round of arms
talks between the United States and Taiwan, the President shall consult,
on a classified basis, with appropriate Congressional leaders and
committee chairmen and ranking members regarding the following matters:
(1) Taiwan's requests for purchase of defense articles and
defense services during the pending round of arms talks;
(2) the Administration's assessment of the legitimate
defense needs of Taiwan, in light of Taiwan's requests; and
(3) the decision-making process used by the Executive branch
to consider those requests.
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.
[[Page 114 STAT. 1900A-56]]
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. (a) 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'').
(b) 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.
(c) 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--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
(d) Report to the Congress and Withholding of Funds.--
(1) 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.
[[Page 114 STAT. 1900A-57]]
(2) If a report under paragraph (1) 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.
indochinese parolees
Sec. 586. (a) The status of certain aliens from Vietnam, Cambodia,
and Laos described in subsection (b) of this section may be adjusted by
the Attorney General, under such regulations as she may prescribe, to
that of an alien lawfully admitted permanent residence if--
(1) within 3 years after the date of promulgation by the
Attorney General of regulations in connection with this title
the alien makes an application for such adjustment and pays the
appropriate fee;
(2) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for
permanent residence except as described in subsection (c); and
(3) the alien had been physically present in the United
States prior to October 1, 1997.
(b) The benefits provided by subsection (a) shall apply to any alien
who is a native or citizen of Vietnam, Laos, or Cambodia and who was
inspected and paroled into the United States before October 1, 1997 and
was physically present in the United States on October 1, 1997; and
(1) was paroled into the United States from Vietnam under
the auspices of the Orderly Departure Program; or
(2) was paroled into the United States from a refugee camp
in East Asia; or
(3) was paroled into the United States from a displaced
person camp administered by the United Nations High Commissioner
for Refugees in Thailand.
(c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of paragraphs (4), (5), and (7)(A) and (9) of section 212(a) of the
Immigration and Nationality Act shall not be applicable to any alien
seeking admission to the United States under this subsection, and
nothwithstanding any other provision of law, the Attorney General may
waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(8)(A); 212(a)(10)(B)
and (D) with respect to such an alien in order to prevent extreme
hardship to the alien or the alien's spouse, parent, son or daughter,
who is a citizen of the United States or an alien lawfully admitted for
permanent residence. Any such waiver by the Attorney General shall be in
writing and shall be granted only on an individual basis following an
investigation.
(d) Ceiling.--The number of aliens who may be provided adjustment of
status under this provision shall not exceed 5,000.
(e) Date of Approval.--Upon the approval of such an application for
adjustment of status, the Attorney General shall create a record of the
alien's admission as a lawful permanent resident as of the date of the
alien's inspection and parole described in subsection (b)(1), (b)(2) and
(b)(3).
[[Page 114 STAT. 1900A-58]]
(f ) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under the Immigration and Nationality Act.
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.
procurement and financial management reform
Sec. 588. (a) Funding Conditions.--Of the funds made available under
the heading ``International Financial Institutions'' in this Act, 10
percent of the United States portion or payment to such International
Financial Institution shall be withheld by the Secretary of the
Treasury, until the Secretary certifies to the Committees on
Appropriations that, to the extent pertinent to its lending programs,
the institution is--
(1) Implementing procedures for conducting annual audits by
qualified independent auditors for all new investment lending;
(2) Implementing procedures for annual independent external
audits of central bank financial statements for countries making
use of International Monetary Fund resources under new
arrangements or agreements with the Fund;
(3) Taking steps to establish an independent fraud and
corruption investigative organization or office;
(4) Implementing a process to assess a recipient country's
procurement and financial management capabilities including an
analysis of the risks of corruption prior to initiating new
investment lending; and
(5) Taking steps to fund and implement programs and policies
to improve transparency and anti-corruption programs and
procurement and financial management controls in recipient
countries.
(b) Report.--The Secretary of the Treasury shall report on March 1,
2001 to the Committees on Appropriations on progress made by each
International Financial Institution, and, to the extent pertinent to its
lending programs, the International Monetary Fund, to fulfill the
objectives identified in subsection (a) and on progress of the
International Monetary Fund to implement procedures for annual
independent external audits of central bank financial statements for
countries making use of Fund resources under all new arrangements with
the Fund.
[[Page 114 STAT. 1900A-59]]
(c) Definitions.--The term ``International Financial Institutions''
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.
commercial leasing of defense articles
Sec. 589. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
foreign military expenditures report
Sec. 590. Section 511(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993 (Public Law
102-391) is amended by repealing paragraph (2) relating to military
expenditures.
abolition of the inter-american foundation
Sec. 591. Section 586 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000, as enacted by section
1000(a)(2) of Public Law 106-113, is amended--
(1) in subsection (b), by striking ``year 2000'' and
inserting in lieu thereof ``years 2000 and 2001''; and
(2) in subsection (c)(2), by striking ``6290f'' and
inserting in lieu thereof ``290f''.
repeal of requirement for annual gao report on the financial operations
of the international monetary fund
Sec. 592. Section 1706 of the International Financial Institutions
Act (22 U.S.C. 262r-5) is repealed.
extension of gao authorities
Sec. 593. The funds made available to the Comptroller General
pursuant to title I, chapter 4 of Public Law 106-31 shall remain
available until expended.
[[Page 114 STAT. 1900A-60]]
funding for serbia
Sec. 594. (a) Of funds made available in this Act, up to
$100,000,000 may be made available for assistance for Serbia: Provided,
That none of these funds may be made available for assistance for Serbia
after March 31, 2001 unless the President has made the determination and
certification contained in subsection (c).
(b) After March 31, 2001, the Secretary of the Treasury should
instruct the United States executive directors to international
financial institutions to support loans and assistance to the Government
of the Federal Republic of Yugoslavia subject to the conditions in
subsection (c): Provided, That section 576 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and assistance to the
Federal Republic of Yugoslavia through international financial
institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations of the House of Representatives and the
Senate that the Government of the Federal Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal for
Yugoslavia including access for investigators, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) Subsections (b), (c), and (d) shall not apply to Montenegro,
Kosova, humanitarian assistance or assistance to promote democracy in
municipalities.
(e) The Secretary of State should instruct the United States
representatives to regional and international organizations to support
membership for the Government of the Federal Republic of Yugoslavia
(FRY) subject to a certification by the President to the Committees on
Appropriations of the House of Representatives and the Senate that the
FRY has applied for membership on the same basis as the other successor
states to the FRY and has taken appropriate steps to resolve issues
related to state liabilities, assets and property.
forestry initiative
Sec. 595. (a) The provisions of S. 3140 of the 106th Congress, as
introduced on September 28, 2000 are hereby enacted into law.
(b) In publishing the Act in slip form and in the United States
Statutes at Large pursuant to section 112, of title 1, United States
Code, the Archivist of the United States shall include after the date of
approval at the end appendixes setting forth the texts of the bill
referred to in subsection (a) of this section.
[[Page 114 STAT. 1900A-61]]
user fees
Sec. 596. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any loan
of these institutions that would require user fees or service charges on
poor people for primary education or primary healthcare, including
prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis,
and infant, child, and maternal well-being, in connection with the
institutions' lending programs.
basic education assistance for pakistan
Sec. 597. Funds appropriated by this Act to carry out the provisions
of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 may be made available for assistance for basic
education programs for Pakistan, notwithstanding any provision of law
that restricts assistance to foreign countries: Provided, That such
assistance is subject to the regular notification procedures of the
Committees on Appropriations.
authorization for population planning
Sec. 598. Not to exceed $425,000,000 of the funds appropriated in
title II of this Act may be available for population planning activities
or other population assistance: Provided, That notwithstanding section
614 of the Foreign Assistance Act of 1961, or any other provision of
law, none of such funds may be obligated or expended until February 15,
2001.
TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
agency for international development
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$135,000,000, 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 chapters 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
[[Page 114 STAT. 1900A-62]]
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.
operating expenses of the agency for international development
For an additional amount for ``Operating Expenses of the Agency for
International Development'', $13,000,000, to remain available until
September 30, 2001: Provided, 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 amount provided shall be
available only to the extent that an official budget request that
includes designation of the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Other Bilateral Economic Assistance
assistance for eastern europe and the baltic states
For an additional amount for ``Assistance for Eastern Europe and the
Baltic States'', $75,825,000, to remain available until September 30,
2002: Provided, That this amount shall only be available for assistance
for Montenegro, Croatia, and Serbia: 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
amount provided shall be available only to the extent that an official
budget request that includes designation of the entire amount as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For an additional amount for ``International Military Education and
Training'', $2,875,000, to remain available until September 30, 2002,
for grants to countries of the Balkans and southeast Europe: Provided,
That funds appropriated in this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section 15 of the
State Department Basic Authorities Act of 1956: Provided further, That
the entire amount is designated
[[Page 114 STAT. 1900A-63]]
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 amount provided shall be
available only to the extent that an official budget request that
includes designation of the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
to enable the President to carry out section 23 of the Arms Export
Control Act, $31,000,000, to remain available until September 30, 2002,
for grants to countries of the Balkans and southeast Europe: Provided,
That funds appropriated in this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section 15 of the
State Department Basic Authorities Act of 1956: Provided further, That
funds made available under this heading shall be nonrepayable,
notwithstanding sections 23(b) and 23(c) of the Act: 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 amount provided shall be available only to the extent that an
official budget request that includes designation of the entire amount
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
DEPARTMENT OF THE TREASURY
debt restructuring
For an additional amount for ``Debt restructuring'' $210,000,000 for
a contribution to the ``Heavily Indebted Poor Countries Trust Fund'' of
the International Bank for Reconstruction and Development (HIPC Trust
Fund): Provided, 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 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. Limitation on Supplemental Funds for Population
Planning.--Amounts appropriated under this title or under any other
provision of law for fiscal year 2001 that are in addition to the funds
made available under title II of this Act shall be deemed to have been
appropriated under title II of such Act and shall be subject to all
limitations and restrictions contained in section 599 of this Act,
notwithstanding section 543 of this Act.
[[Page 114 STAT. 1900A-64]]
TITLE VII--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $5,000,000,000.
General Provision
adjustment of 2001 discretionary spending caps
Sec. 701. (a) Section 251(c)(5) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(c)(5)) is amended by striking
subparagraph (A) and inserting the following:
``(A) for the discretionary category: $637,000,000,000 in
new budget authority and $612,695,000,000 in outlays;''.
(b)(1) Except as provided in paragraph (2), in preparing the report
in calendar year 2000 as required by section 254(f ) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(f )) with
respect to fiscal year 2001, the Office of Management and Budget shall
not make the calculations required by section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(2) Paragraph (1) shall not apply to the calculations permitted by
subparagraph (B), (C), (F), and (G) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(c) Under the terms of section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 adjustments for rounding shall be
provided for the first amount referred to in section 251(c)(5)(A) of
such Act, as amended by this section, equal to 0.5 percent of such
amount.
TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
INSTITUTIONS REFORM
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE.
(a) Repeal of Limitation on Availability of Earnings on Profits of
Nonpublic Gold Sales.--Paragraph (1) of section 62 of the Bretton Woods
Agreements Act, as added by section 503(a) of H.R. 3425 of the 106th
Congress (as enacted by section 1000(a)(5) of Public Law 106-113 (113
Stat. 1536)), is amended--
(1) by adding ``and'' at the end of subparagraph (B); and
(2) by striking subparagraph (D).
(b) Contributions to HIPC Trust Fund.--
(1) Authorization of appropriations for contributions.--
There is authorized to be appropriated for the period beginning
October 1, 2000, and ending September 30, 2003, $435,000,000 for
purposes of United States contributions to the Heavily Indebted
Poor Countries (HIPC) Trust Fund administered by the Bank.
[[Page 114 STAT. 1900A-65]]
(2) Availability of amounts.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) shall
remain available until expended.
(c) Certification Required.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after the date of enactment of this Act, the
Secretary shall certify to the appropriate congressional
committees that the following requirements are satisfied:
(A) Implementation by the bank of certain
policies.--The Bank is implementing--
(i) policies providing for the suspension of a
loan if funds are being diverted for purposes
other than the purpose for which the loan was
intended;
(ii) policies seeking to prevent loans from
displacing private sector financing;
(iii) policies requiring that loans other than
project loans must be disbursed--
(I) on the basis of specific prior
reforms; or
(II) incrementally upon
implementation of specific reforms after
initial disbursement;
(iv) policies seeking to minimize the number
of projects receiving financing that would
displace a population involuntarily or be to the
detriment of the people or culture of the area
into which the displaced population is to be
moved;
(v) policies vigorously promoting open markets
and liberalization of trade in goods and services;
(vi) policies providing that financing by the
Bank concentrates chiefly on projects and programs
that promote economic and social progress rather
than short-term liquidity financing; and
(vii) policies providing for the establishment
of appropriate qualitative and quantitative
indicators to measure progress toward graduation
from receiving financing on concessionary terms,
including an estimated timetable by which
countries may graduate over the next 15 years.
(B) Implementation by the fund of certain
policies.--The Fund is implementing--
(i) policies providing for the suspension of a
financing if funds are being diverted for purposes
other than the purpose for which the financing was
intended;
(ii) policies seeking to ensure that financing
by the Fund normally serves as a catalyst for
private sector financing and does not displace
such financing;
(iii) policies requiring that financing must
be disbursed--
(I) on the basis of specific prior
reforms; or
(II) incrementally upon
implementation of specific reforms after
initial disbursement;
(iv) policies vigorously promoting open
markets and liberalization of trade in goods and
services;
(v) policies providing that financing by the
Fund concentrates chiefly on short-term balance of
payments financing; and
[[Page 114 STAT. 1900A-66]]
(vi) policies providing for the use, in
conjunction with the Bank, of appropriate
qualitative and quantitative indicators to measure
progress toward graduation from receiving
financing on concessionary terms, including an
estimated timetable by which countries may
graduate over the next 15 years.
(2) Exception.--In the event that the Secretary cannot
certify that a policy described in paragraph (1)(A) or (1)(B) is
being implemented, the Secretary shall, not later than 30 days
after the date of enactment of this Act, submit a report to the
appropriate congressional committees on the progress, if any,
made by the Bank or the Fund in adopting and implementing such
policy, as the case may be.
SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
MULTILATERAL DEVELOPMENT BANKS.
(a) In General.--The Secretary shall instruct the United States
Executive Director of each multilateral development bank to exert the
influence of the United States to strengthen the bank's procedures and
management controls intended to ensure that funds disbursed by the bank
to borrowing countries are used as intended and in a manner that
complies with the conditions of the bank's loan to that country.
(b) Progress Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report evaluating the progress made toward
achieving the objectives of subsection (a), including a description of--
(1) any progress made in improving the supervision,
monitoring, and auditing of programs and projects supported by
each multilateral development bank, in order to identify and
reduce bribery and corruption;
(2) any progress made in developing each multilateral
development bank's priorities for allocating anticorruption
assistance;
(3) country-specific anticorruption programs supported by
each multilateral development bank;
(4) actions taken to identify and discipline multilateral
development bank employees suspected of knowingly being involved
in corrupt activities; and
(5) the outcome of efforts to harmonize procurement
practices across all multilateral development banks.
SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Annual Report on Financial Operations.--Beginning 180 days after
the date of enactment of this Act, or October 31, 2000, whichever is
later, and on October 31 of each year thereafter, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on the sufficiency of audits of the
financial operations of each multilateral development bank conducted by
persons or entities outside such bank.
(b) Annual Report on United States Supported Policies.--Beginning
180 days after the date of enactment of this Act, or October 31, 2000,
whichever is later, and on October 31 of each year thereafter, the
Secretary shall submit a report to the appropriate congressional
committees on--
[[Page 114 STAT. 1900A-67]]
(1) the actions taken by recipient countries, as a result of
the assistance allocated to them by the multilateral development
banks under programs referred to in section 802(b), to
strengthen governance and reduce the opportunity for bribery and
corruption; and
(2) how International Development Association-financed
projects contribute to the eventual graduation of a
representative sample of countries from reliance on financing on
concessionary terms and international development assistance.
(c) Amendment of Report on Fund.--Section 1705(a) of the
International Financial Institutions Act (22 U.S.C. 262r-4(a)) is
amended--
(1) by inserting ``(1)'' before ``the progress''; and
(2) by inserting before the period at the end the following:
``, and (2) the progress made by the International Monetary Fund
in adopting and implementing the policies described in section
801(c)(1)(B) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001''.
(d) Report on Debt Relief.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees on the history of debt relief
programs led by, or coordinated with, international financial
institutions, including but not limited to--
(1) the extent to which poor countries and the poorest-of-
the-poor benefit from debt relief, including measurable evidence
of any such benefits; and
(2) the extent to which debt relief contributes to the
graduation of a country from reliance on financing on
concessionary terms and international development assistance.
SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS.
Section 209(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2169(d); relating to bilateral funding for international financial
institutions) is repealed.
SEC. 805. REFOCUSED ACTIVITIES OF THE IMF.
The Bretton Woods Agreement Act is amended by adding the following
new section:
``SEC. 63. PRINCIPLES FOR INTERNATIONAL MONETARY FUND LENDING.
``It is the policy of the United States to work to implement reforms
in the International Monetary Fund (IMF) to achieve the following goals:
``(1) Short-term balance of payments financing.--Lending
from the general resources of the Fund should concentrate
chiefly on short-term balance of payments financing.
``(2) Limitations on medium-term financing.--Use of medium-
term lending from the general resources of the Fund should be
limited to a set of well-defined circumstances, such as--
``(A) when a member's balance of payments problems
will be protracted;
``(B) such member has a strong structural reform
program in place; and
``(C) the member has little or no access to private
sources of capital.
[[Page 114 STAT. 1900A-68]]
``(3) Premium pricing.--Premium pricing should be introduced
for lending from the general resources of the Fund, for greater
than 200 percent of a member's quota in the Fund, to discourage
excessive use of Fund lending and to encourage members to rely
on private financing to the maximum extent possible.
``(4) Redressing misreporting of information.--The Fund
should have in place and apply systematically a strong framework
of safeguards and measures to respond to, correct, and
discourage cases of misreporting of information in the context
of a Fund program, including--
``(A) suspending Fund disbursements and ensuring
that Fund lending is not resumed to members that engage
in serious misreporting of material information until
such time as remedial actions and sanctions, as
appropriate, have been applied;
``(B) ensuring that members make early repayments,
where appropriate, of Fund resources disbursed on the
basis of misreported information;
``(C) making public cases of serious misreporting of
material information;
``(D) requiring all members receiving new
disbursements from the Fund to undertake annually
independent audits of central bank financial statements
and publish the resulting audits; and
``(E) requiring all members seeking new loans from
the Fund to provide to the Fund detailed information
regarding their internal control procedures, financial
reporting and audit mechanisms and, in cases where there
are questions about the adequacy of these systems,
undertaking an on-site review and identifying needed
remedies.''.
SEC. 806. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate, and the Committee on Banking and Financial Services and
the Committee on Appropriations of the House of Representatives.
(2) Bank.--The term ``Bank'' means the International Bank
for Reconstruction and Development.
(3) Fund.--The term ``Fund'' means the International
Monetary Fund.
(4) International financial institutions.--The term
``international financial institutions'' means the multilateral
development banks and the International Monetary Fund.
(5) Multilateral development banks.--The term ``multilateral
development banks'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the Asian Development Bank, the
Inter-American Investment Corporation, the African Development
Bank, the African Development Fund, the European Bank for
Reconstruction and Development, and the Multilateral Investment
Guaranty Agency.
[[Page 114 STAT. 1900A-69]]
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
This Act may be cited as the ``Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2001''.
__________
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ENDNOTE: The following appendix was added pursuant to the provisions
of section 595 of this Appenidx (114 Stat. 1900A-60).
[[Page 114 STAT. 1900A-71]]
APPENDIX A-1--S. 3140
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kentucky National Forest Land
Transfer Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the United States owns over 40,000 acres of land and
mineral rights administered by the Tennessee Valley Authority
within the Daniel Boone National Forest in the State of
Kentucky;
(2) the land and mineral rights were acquired by the
Tennessee Valley Authority for purposes of power production
using funds derived from ratepayers;
(3) the management of the land and mineral rights should be
carried out in accordance with the laws governing the management
of national forests; and
(4) the Tennessee Valley Authority, on behalf of the
ratepayers of the Authority, should be reasonably compensated
for the land and mineral rights of the Authority transferred
within the Daniel Boone National Forest.
(b) Purposes.--The purposes of this Act are--
(1) to transfer administrative jurisdiction over land of the
Tennessee Valley Authority within the Daniel Boone National
Forest to the Secretary of Agriculture; and
(2) to compensate the Tennessee Valley Authority for the
reasonable value of the transfer of jurisdiction.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered land.--
(A) In general.--The term ``covered land'' means all
land and interests in land owned or managed by the
Tennessee Valley Authority within the boundaries of the
Daniel Boone National Forest in the State of Kentucky
that are transferred under this Act, including surface
and subsurface estates.
(B) Exclusions.--The term ``covered land'' does not
include any land or interest in land owned or managed by
the Tennessee Valley Authority for the transmission of
water, gas, or power, including power line easements and
associated facilities.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 114 STAT. 1900A-72]]
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER COVERED LAND.
(a) In General.--All covered land is transferred to the
administrative jurisdiction of the Secretary to be managed in accordance
with the laws (including regulations) pertaining to the National Forest
System.
(b) Authority of Secretary of Interior Over Mineral Resources.--The
transfer of the covered land shall be subject to the authority of the
Secretary of the Interior with respect to mineral resources underlying
National Forest System land, including laws pertaining to mineral
leasing and the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.).
(c) Surface Mining.--No surface mining shall be permitted with
respect to any covered land except as provided under section 522(e)(2)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1272(e)(2)).
SEC. 5. MONETARY CREDITS.
(a) In General.--In consideration for the transfer provided under
section 4, the Secretary of the Interior shall provide to the Tennessee
Valley Authority monetary credits with a value of $4,000,000 that may be
used for the payment of--
(1) not more than 50 percent of the bonus or other payments
made by successful bidders in any sales of mineral, oil, gas, or
geothermal leases in the contiguous 48 States under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et seq.);
(B) the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.); or
(C) the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.);
(2) not more than 10 percent of the bonus or other payments
made by successful bidders in any sales of mineral, oil, gas, or
geothermal leases in the State of Alaska under the laws referred
to in paragraph (1);
(3) not more than 50 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil, gas, or geothermal lease in the contiguous 48
States issued under the laws referred to in paragraph (1); or
(4) not more than 10 percent of any royalty, rental, or
advance royalty payment made to the United States to maintain
any mineral, oil, gas, or geothermal lease in the State of
Alaska issued under the laws referred to in paragraph (1).
(b) Value of Credits.--The total amount of credits provided under
subsection (a) shall be considered equal to the fair market value of the
covered land.
(c) Acceptance of Credits.--
(1) In general.--The Secretary of the Interior shall accept
credits provided under subsection (a) in the same manner as cash
for the payments described under subsection (a).
(2) Use of credits.--The use of the credits shall be subject
to the laws (including regulations) governing such payments, to
the extent the laws are consistent with this section.
(d) Treatment of Credits for Distribution to States.--All credits
accepted by the Secretary of the Interior under subsection (c) for the
payments described in subsection (a) shall be considered to be money
received for the purpose of section 35 of the Mineral
[[Page 114 STAT. 1900A-73]]
Leasing Act (30 U.S.C. 191) and section 20 of the Geothermal Steam Act
of 1970 (30 U.S.C. 1019).
(e) Exchange Account.--
(1) Establishment.--Notwithstanding any other provision of
law, not later than 60 days after the date of enactment of this
Act, the Secretary of the Interior shall establish an exchange
account for the Tennessee Valley Authority for the monetary
credits provided under subsection (a).
(2) Administration.--The account shall--
(A) be established with the Minerals Management
Service of the Department of the Interior; and
(B) have an initial balance of credits equal to
$4,000,000.
(3) Use of credits.--
(A) In general.--The credits shall be available to
the Tennessee Valley Authority for the purposes
described in subsection (a).
(B) Adjustment of balance.--The Secretary of the
Interior shall adjust the balance of credits in the
account to reflect credits accepted by the Secretary of
the Interior under subsection (c).
(f) Transfer or Sale of Credits.--
(1) In general.--The Tennessee Valley Authority may transfer
or sell any credits in the account of the Authority to another
person or entity.
(2) Use of transferred credits.--Credits transferred or sold
under paragraph (1) may be used in accordance with this
subsection only by a person or entity that is qualified to bid
on, or that holds, a mineral, oil, or gas lease under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et seq.);
(B) the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.); or
(C) the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.).
(3) Notification.--
(A) In general.--Not later than 30 days after the
transfer or sale of any credits, the Tennessee Valley
Authority shall notify the Secretary of the Interior of
the transfer or sale.
(B) Validity of transfer or sale.--The transfer or
sale of any credit shall not be valid until the
Secretary of the Interior has received the notification
required under subparagraph (A).
(4) Time limit on use of credits.--
(A) In general.--On the date that is 5 years after
the date on which an account is established for the
Tennessee Valley Authority under subsection (e), the
Secretary of the Interior shall terminate the account.
(B) Unused credits.--Any credits that originated in
the terminated account and have not been used as of the
termination date, including any credits transferred or
sold under this subsection, shall expire.
[[Page 114 STAT. 1900A-74]]
SEC. 6. EXISTING AUTHORIZATIONS.
(a) In General.--Nothing in this Act affects any valid existing
rights under any lease, permit, or other authorization by the Tennessee
Valley Authority on covered land in effect before the date of enactment
of this Act.
(b) Renewal.--Renewal of any existing lease, permit, or other
authorization on covered land shall be at the discretion of the
Secretary on terms and conditions determined by the Secretary.
SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Definitions.--In this section:
(1) Environmental law.--
(A) In general.--The term ``environmental law''
means all applicable Federal, State, and local laws
(including regulations) and requirements related to
protection of human health, natural or cultural
resources, or the environment.
(B) Inclusions.--The term ``environmental law''
includes--
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(viii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(2) Hazardous substance, pollutant or contaminant, release,
and response action.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', and ``response
action'' have the meanings given the terms in section 101 and
other provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(b) Documentation of Existing Conditions.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
provide the Secretary all documentation and information that
exists on the environmental condition of the land and waters
comprising the covered land.
(2) Additional documentation.--The Tennessee Valley
Authority shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the covered land as such documentation and
information becomes available.
(c) Action Required.--
(1) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
[[Page 114 STAT. 1900A-75]]
provide to the Secretary an assessment indicating what action,
if any, is required under any environmental law on covered land.
(2) Memorandum of understanding.--If the assessment
concludes that action is required under any environmental law
with respect to any portion of the covered land, the Secretary
and the Tennessee Valley Authority shall enter into a memorandum
of understanding that--
(A) provides for the performance by the Tennessee
Valley Authority of the required actions identified in
the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction
of the Secretary.
(d) Documentation Demonstrating Action.--The Tennessee Valley
Authority shall provide the Secretary with documentation demonstrating
that all actions required under any environmental law have been taken,
including all response actions that are necessary to protect human
health and the environment with respect to any hazardous substance,
pollutant or contaminant, hazardous waste, hazardous material, or
petroleum product or derivative of a petroleum product on covered land.
(e) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of covered land under this
Act, and the requirements of this section, shall not affect the
responsibilities and liabilities of the Tennessee Valley
Authority under any environmental law.
(2) Access.--The Tennessee Valley Authority shall have
access to the property that may be reasonably required to carry
out a responsibility or satisfy a liability referred to in
paragraph (1).
(3) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the transfer of covered land under this Act as the Secretary
considers to be appropriate to protect the interest of the
United States concerning the continuation of any
responsibilities and liabilities under any environmental law.
(4) No effect on responsibilities or liabilities.--Nothing
in this Act affects, directly or indirectly, the
responsibilities or liabilities under any environmental law of
any person with respect to the Secretary.
(f) Other Federal Agencies.--Subject to the other provisions of this
section, a Federal agency that carried or carries out operations on
covered land resulting in the release or threatened release of a
hazardous substance, pollutant or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a petroleum
product for which that agency would be liable under any environmental
law shall pay--
(1) the costs of related response actions; and
(2) the costs of related actions to remediate petroleum
products or their derivatives.