HR 4811 EAS
In the Senate of the United States,
July 18, 2000.
Resolved, That the bill from the House of Representatives (H.R.
4811) entitled `An Act making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending September 30, 2001,
and for other purposes.', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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, $768,000,000 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.
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 $25,000 for
official reception and representation expenses for members of the Board of
Directors, $58,000,000: 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 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, $46,000,000, to remain available until
September 30, 2002: Provided, That the Trade and Development Agency
may receive reimbursements from corporations and other entities for the costs
of grants for feasibility studies and other project planning services, to be
deposited as an offsetting collection to this account and to be available for
obligation until September 30, 2002, for necessary expenses under this
paragraph: Provided further, That such reimbursements shall not
cover, or be allocated against, direct or indirect administrative costs of the
agency.
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, 2002, unless otherwise specified herein,
as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
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,
and title V of the International Security and Development Cooperation Act of
1980 (Public Law 96-533), $1,368,250,000, to remain available until September
30, 2002: Provided, That of the amount appropriated under this
heading, up to $14,400,000 may be made available for the African Development
Foundation and shall be apportioned directly to that agency: Provided
further, That of the funds appropriated under this heading, not less than
$425,000,000 shall be made available to carry out the provisions of section
104(b) of the Foreign Assistance Act of 1961: Provided further, That
none of the funds made available in this Act nor any unobligated balances from
prior appropriations may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the funds
made available under this heading may be used to pay for the performance of
abortion as a method of family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to, or information
about access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be construed to
include the use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in exchange for
becoming a family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning; (3) the
project shall not deny any right or benefit, including the right of access to
participate in any program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to accept family
planning services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the use
of the method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised of
potential risks and benefits; and, not less than 60 days after the date on
which the Administrator of the United States Agency for International
Development determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committee on International
Relations and the Committee on Appropriations of the House of Representatives
and to the Committee on Foreign Relations and the Committee on Appropriations
of the Senate, a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, the term
`motivate', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of information
or counseling about all pregnancy options: Provided further, That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act
of 1961: Provided further, That, notwithstanding section 109 of the
Foreign Assistance Act of 1961, of the funds appropriated under this heading
in this Act, and of the unobligated balances of funds previously appropriated
under this heading, $2,500,000 may be transferred to `International
Organizations and Programs' for a contribution to the International Fund for
Agricultural Development (IFAD): 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 shall be made available for
agriculture and rural development programs of which $30,000,000 shall be made
available for plant biotechnology research and development: Provided
further, That of amounts made available in the preceding proviso for
plant biotechnology activities, $1,000,000 shall be made available for the
University of Missouri International Laboratory for Tropical Agriculture
Biotechnology, not less than $1,000,000 shall be made available for research
and training foreign scientists at the University of California, Davis, and
not less than $1,000,000 shall be made available to support a Center to
Promote Biotechnology in International Agriculture at Tuskegee University:
Provided further, That not less than $4,000,000 shall be made
available for the International Fertilizer Development Center: 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 funds
appropriated under this heading not less than $500,000 shall 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 shall 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 shall be available
to support an international media training center: Provided further,
That of the funds appropriated under this heading, and the heading `Assistance
for the Independent States', up to $7,000,000 should be made available for
Carelift International: Provided further, That, of the funds
appropriated by this Act for the Microenterprise Initiative (including any
local currencies made available for the purposes of the Initiative), not less
than one-half should be made available for programs providing loans of less
than $300 to very poor people, particularly women, or for institutional
support of organizations primarily engaged in making such loans: Provided
further, That of the funds appropriated under this heading, up to
$1,500,000 may be used to develop and integrate, where appropriate,
educational programs aimed at eliminating the practice of female genital
mutilation: Provided further, That of the funds to be appropriated
under this heading, $2,500,000 is available for the Foundation for
Environmental Security and Sustainability to support environmental threat
assessments with interdisciplinary experts and academicians utilizing various
technologies to address issues such as infectious disease, and other
environmental indicators and warnings as they pertain to the security of an
area: Provided further, That of the amount appropriated or otherwise
made available under this heading, $1,500,000 shall be available only for
Habitat for Humanity International, to be used to purchase 14 acres of land on
behalf of Tibetan refugees living in northern India and for the construction
of a multiunit development for Tibetan families.
GLOBAL HEALTH
For necessary expenses to carry out the provisions of Chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health and
related activities, in addition to funds otherwise available for such
purposes, $651,000,000 to remain available until September 30, 2002:
Provided, That of the funds appropriated under this heading, not less
than the amount of funds appropriated under the headings `Development
Assistance' and `Child Survival and Disease Program Fund', for programs for
the prevention, treatment, and control of, and research on, infectious
diseases in developing countries in fiscal year 2000 shall be made available
for such activities in fiscal year 2001, of which amount not less than
$225,000,000 shall be made available for such programs for HIV/AIDS including
not less than $15,000,000 which shall be made available to support the
development of microbicides as a means for combating HIV/AIDS: Provided
further, That of the funds appropriated under this heading for infectious
diseases, not less than $35,000,000 should be made available for programs for
the prevention, treatment, control of, and research on tuberculosis, and not
less than $50,000,000 should be made available for programs for the
prevention, treatment, and control of, and research on, malaria: Provided
further, That of the funds appropriated under this heading, not less than
$50,000,000 shall be made available for a United States contribution to the
Global Fund for Children's Vaccines, notwithstanding any other provision of
law: Provided further, That of the funds appropriated under this
heading, not less than $1,200,000 should be made available to assist blind
children.
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 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 $18,000,000 should be made
available for Lebanon to be used, among other programs, for scholarships and
direct support of the American educational institutions in Lebanon:
Provided, That not less than $15,000,000 of the funds made available
under this heading shall be made available from funds appropriated under the
Economic Support Fund.
IRAQ
Notwithstanding any other provision of law, of the funds appropriated
under the headings `Development Assistance' and `Economic Support Fund', not
less than $25,000,000 shall be made available for programs benefitting the
Iraqi people, of which not less than $15,000,000 shall 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 shall be provided through the Iraqi National Congress Support
Foundation or the Iraqi National Congress: Provided further, That not
less than $10,000,000 of the amounts made available for programs benefitting
the Iraqi people shall 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 the President shall, not later than 30 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 by them pursuant to this
paragraph.
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 $3,000,000 shall 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 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, $220,000,000, to remain available
until expended.
DEVELOPMENT CREDIT AUTHORITY PROGRAM ACCOUNT
For administrative expenses to carry out the direct and guaranteed
loan programs, $4,000,000, which may be transferred to and merged with the
appropriation for `Operating Expenses of the Agency for International
Development'.
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,
$510,000,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF
INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667,
$25,000,000, 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, $2,220,000,000, 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 for fiscal year 2001, up to the Egyptian pound
equivalent of $50,000,000 generated from funds made available by this
paragraph or generated from funds appropriated under this heading in prior
appropriations Acts, may be made available to the United States pursuant to
the United States-Egypt Economic, Technical and Related Assistance Agreements
of 1978, for the following activities under such Agreements: up to the
Egyptian pound equivalent of $35,000,000 may be made available for costs
associated with the relocation of the American University in Cairo, and up to
the Egyptian pound equivalent of $15,000,000 may be made available for
projects and programs including establishment of an endowment, which promote
the preservation and restoration of Egyptian antiquities, of which up to the
Egyptian pound equivalent of $3,000,000 may be made available for the Theban
Mapping Project: Provided further, That in exercising the authority
to provide cash transfer assistance for Israel, the President shall ensure
that the level of such assistance does not cause an adverse impact on the
total level of nonmilitary exports from the United States to such country and
that Israel enters into a side letter agreement at least equivalent to the
fiscal year 1999 agreement: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000 shall be made
available for assistance for Jordan: Provided further, That of funds
made available under this heading not less than $2,000,000 shall be available
to support the American Center for Oriental Research: Provided
further, That of the funds appropriated under 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 up to $10,000,000 of the funds appropriated under this
heading should 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: 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.
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, $635,000,000, 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 $89,000,000 shall be made available for assistance for Montenegro:
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 $75,000,000 shall be made available for
Bosnia and Herzegovina: Provided further, That of the funds
appropriated under this heading and made available to support training of
local Kosova police and the temporary International Police Force (IPF), not
less than $250,000 shall be available only to assist law enforcement officials
to better identify and respond to cases of trafficking in persons.
(b) Of the funds appropriated under this heading, not less than
$60,000,000 should be made available for Croatia: Provided, That the
Secretary of State shall make funds for activities and projects in Croatia
available only after certifying that the Government of Croatia is fulfilling
its declared commitments: (1) to cooperate with the International Criminal
Tribunal for Yugoslavia including providing documents; (2) to take immediate
steps to end Croatian financial, political, security, and other support which
has served to maintain separate Herceg Bosna institutions; (3) to establish a
swift timetable and cooperate in support of the safe return of refugees; and
(4) to accelerate political, media, electoral and anti-corruption reforms:
Provided further, That the Secretary of State shall report to the
Committees on Appropriations 90 days after the date of enactment of this Act
on the progress achieved by the Government of Croatia in fulfilling pledges
made to meet the preceding proviso.
(c) None of the funds made available under this heading for Kosova
shall be made available until the Secretary of State certifies that the
resources obligated and expended by the United States in Kosova do not exceed
15 percent of the total resources obligated and expended by all donors:
Provided, That none of the funds made available under this heading
for Kosova shall be made available for large scale physical infrastructure
reconstruction: Provided further, That of the funds made available
under this heading for Kosova, not less than 50 percent shall be made
available through non-government organizations: Provided further,
That of the funds made available under this heading for Kosova, not less
than $1,300,000 shall be made available to support the National Albanian
American Council's training program for Kosovar women: Provided further,
That of the funds appropriated under this heading not less than $750,000
shall be made available for a joint project developed by the University of
Pristina, Kosova and the Dartmouth Medical School, U.S.A., to help restore the
primary care capabilities at the University of Pristina Medical School and in
Kosova.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) The provisions of section 532 of this Act shall apply to funds
made available under subsection (g) and to funds appropriated under this
heading.
(i) The President shall withhold funds appropriated under this heading
made available for economic revitalization programs in Bosnia and Herzegovina,
if he determines and certifies to the Committees on Appropriations that the
Federation of Bosnia and Herzegovina has not complied with article III of
annex 1-A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
Iranian officials and Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES
(a) For necessary expenses to carry out the provisions of chapter 11
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, $775,000,000, to remain available until September 30, 2002:
Provided, That the provisions of such chapter 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, funds 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, not less than $400,000 shall be made available to support the Cochran
Fellowship Program in Russia, and not less than $250,000 shall be made
available to support the Moscow School of Political Studies: Provided
further, That of the funds appropriated under this heading, not less than
$1,500,000 shall 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
$175,000,000 should be made available for assistance for Ukraine:
Provided, That of this amount, not less than $25,000,000 shall be
made available for nuclear reactor safety initiatives, not less than
$1,000,000 shall be made available to the University of Southern Alabama to
study environmental causes of birth defects, and not less than $5,000,000
shall be made available for the Ukranian Land and Resource Management
Center.
(c) Of the funds appropriated under this heading, not less than
$94,000,000 shall be made available for assistance for Georgia of which not
less than $25,000,000 shall be made available to support Border Security Guard
initiatives, and not less than $5,000,000 shall be made available for
development and training of municipal officials in water resource management,
transportation and agribusiness.
(d) Of the funds appropriated under this heading, not less than
$89,000,000 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) Of the funds made available under this heading for nuclear safety
activities, not to exceed 7 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.
(g) Of the funds appropriated under title II of this Act not less than
$12,000,000 shall be made available for assistance for Mongolia of which not
less than $6,000,000 should be made available from funds appropriated under
this heading: Provided, That funds made available for assistance for
Mongolia may be made available in accordance with the purposes and utilizing
the authorities provided in chapter 11 of part I of the Foreign Assistance Act
of 1961.
(h)(1) Of the funds appropriated under this heading that are allocated
for assistance for the Government of the Russian Federation, 50 percent shall
be withheld from obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government of the Russian
Federation has terminated implementation of arrangements to provide Iran with
technical expertise, training, technology, or equipment necessary to develop a
nuclear reactor, related nuclear research facilities or programs, or ballistic
missile capability.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases; and
(B) activities authorized under title V (Nonproliferation and
Disarmament Programs and Activities) of the FREEDOM Support Act.
(i) None of the funds appropriated under this heading may be made
available for assistance for the Government of the Russian Federation until
the Secretary of State certifies that: (a) the Government of the Russian
Federation is fully cooperating with international efforts to investigate
allegations of war crimes and atrocities in Chechnya; and, (b) the Government
of the Russian Federation is providing full access to international
non-government organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya: Provided, That of the funds
appropriated under this heading for assistance for Russia, not less than
$10,000,000 shall be made available to non-government organizations providing
humanitarian relief in Chechnya and Ingushetia.
Independent Agency
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace Corps
Act (75 Stat. 612), $244,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside the
United States: Provided, That $24,000,000 of such sums be made
available from funds already appropriated by the Act, that are not otherwise
earmarked for specific purposes: Provided further, That none of the
funds appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2002.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $220,000,000.
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, $615,000,000, which shall remain available until
expended: Provided, That not more than $14,000,000 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
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That not less than $60,000,000
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.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $215,000,000, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, section 504 of the FREEDOM Support Act for the Nonproliferation
and Disarmament Fund, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance of unexploded
ordnance, 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 20 days prior to the obligation of funds
for use by the Comprehensive Test Ban Treaty Preparatory Commission, the
Secretary of State shall provide a report to the Committees on Appropriations
describing the anticipated use of such funds: 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), $5,000,000, to remain available until
expended, which shall be available notwithstanding any other provision of
law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President may
determine, for which funds have been appropriated or otherwise made available
for programs within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the United States
as a result of concessional loans made to eligible countries, pursuant to
parts IV and V of the Foreign Assistance Act of 1961, and of modifying
concessional credit agreements with least developed countries, as authorized
under section 411 of the Agricultural Trade Development and Assistance Act of
1954, as amended, and concessional loans, guarantees and credit agreements, as
authorized under section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461), $75,000,000,
to remain available until expended: Provided, That of this amount,
funds may be made available to carry out the provisions of part V of the
Foreign Assistance Act of 1961 or as a contribution to the Heavily Indebted
Poor Countries Trust Fund administered by the International Bank for
Reconstruction and Development: Provided further, That funds made
available to carry out the provisions of part V of the Foreign Assistance Act
of 1961 or as a contribution to the Heavily Indebted Poor Countries Initiative
(HIPC) or the HIPC Trust Fund shall be subject to authorization and approval
by Congress: 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 hereunder or previously
appropriated under this heading: Provided further, That the authority
provided by section 572 of Public Law 100-461 may be exercised only with
respect to countries that are eligible to borrow from the International
Development Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as `IDA-only'
countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $55,000,000: 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 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, $3,519,000,000:
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 26.26 percent shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, not less than $75,000,000 shall be available for assistance for
Jordan: Provided further, That of the funds appropriated by this
paragraph, not less than $10,000,000 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 $4,000,000 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 $12,000,000 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 $5,000,000 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 pursuant to section 3(a)(2) of the Arms Export
Control Act and section 505(a)(1)(B) of the Foreign Assistance Act of 1961,
the United States consents to the transfer by Turkey to Georgia of defense
articles sold by the United States to Turkey having an aggregate, current
market value of not to exceed $10,000,000 for fiscal year 2001: Provided
further, That funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this paragraph
shall be obligated upon apportionment in accordance with paragraph (5)(C) of
title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be available
to finance the procurement of defense articles, defense services, or design
and construction services that are not sold by the United States Government
under the Arms Export Control Act unless the foreign country proposing to make
such procurements has first signed an agreement with the United States
Government specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That none of the funds appropriated under this heading shall be available for
assistance for Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding any other provision
of law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through nongovernmental and
international organizations: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Guatemala: Provided further, That only those countries for which
assistance was justified for the `Foreign Military Sales Financing Program' in
the fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for procurement
of defense articles, defense services or design and construction services that
are not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$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 withdrawal from the
account shall be made only on authenticated instructions from the Defense
Finance and Accounting Service: Provided further, That in the event
the interest bearing account is closed, the balance of the account shall be
transferred promptly to the current appropriations account under this heading:
Provided further, That none of the interest accrued by the account
shall be obligated except as provided through the regular notification
procedures of the Committees on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $85,000,000: 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, $50,000,000, 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, for contributions
previously due.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the
Secretary of the Treasury, $750,000,000, to remain available until
expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $4,000,000, 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 $80,000,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $10,000,000, for the United States share of the
increase in subscriptions to capital stock, 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, $100,000,000, 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
$95,983,000.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to
the increase in resources of the African Development Fund, $72,000,000, to
remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and Development by
the Secretary of the Treasury, $35,779,000, 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 $123,238,000.
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, $288,000,000:
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 shall be
made available to the World Food Program: Provided further, That of
the funds appropriated under this heading, not less than $25,000,000 shall be
made available for the United Nations Fund for Population Activities (UNFPA):
Provided further, That none of the funds appropriated under this
heading that are made available to UNFPA shall be made available for
activities in the People's Republic of China: Provided further, That
with respect to any funds appropriated under this heading that are made
available to UNFPA, UNFPA shall be required to maintain such funds in a
separate account and not commingle them with any other funds: Provided
further, That none of the funds appropriated under this heading may be
made available to the Korean Peninsula Energy Development Organization (KEDO)
or the International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled `International
Disaster Assistance', and `United States Emergency Refugee and Migration
Assistance Fund', not more than 15 percent of any appropriation item made
available by this Act shall be obligated during the last month of
availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
SEC. 502. Notwithstanding section 614 of the Foreign Assistance Act of
1961, none of the funds contained in title II of this Act may be used to carry
out the provisions of section 209(d) of the Foreign Assistance Act of 1961:
Provided, That none of the funds appropriated by title II of this Act
may be transferred by the Agency for International Development directly to an
international financial institution (as defined in section 533 of this Act)
for the purpose of repaying a foreign country's loan obligations to such
institution.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant to this
Act, not to exceed $126,500 shall be for official residence expenses of the
Agency for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant to this
Act, not to exceed $5,000 shall be for entertainment expenses of the Agency
for International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant to this
Act, not to exceed $95,000 shall be available for representation allowances
for the Agency for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering military assistance
and sales under the heading `Foreign Military Financing Program', not to
exceed $2,000 shall be available for entertainment expenses and not to exceed
$50,000 shall be available for representation allowances: Provided
further, That of the funds made available by this Act under the heading
`International Military Education and Training', not to exceed $50,000 shall
be available for entertainment allowances: Provided further, That of
the funds made available by this Act for the Peace Corps, not to exceed a
total of $4,000 shall be available for entertainment expenses: Provided
further, That of the funds made available by this Act under the heading
`Trade and Development Agency', not to exceed $2,000 shall be available for
representation and entertainment allowances
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available (other than
funds for `Nonproliferation, Anti-terrorism, Demining and Related Programs')
pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans, credits, insurance
and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance to any country whose duly elected head of government is deposed by
military coup or decree: 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. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign Assistance
Act of 1961 for the same general purpose as any of the headings under title II
of this Act are, if deobligated, hereby continued available for the same
period as the respective appropriations under such headings or until September
30, 2001, whichever is later, and for the same general purpose, and for
countries within the same region as originally obligated: Provided,
That the Appropriations Committees of both Houses of the Congress are notified
15 days in advance of the reobligation of such funds in accordance with
regular notification procedures of the Committees on Appropriations.
(b) 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, and 11 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.
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 government which is in default during a
period in excess of one calendar year in payment to the United States of
principal or interest on any loan made to such government by the United States
pursuant to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized by the
Foreign Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds otherwise
made available pursuant to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for establishing or
expanding production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world markets at
the time the resulting productive capacity is expected to become operative and
if the assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment of
its Board of Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety improvement
or introduction, consultancy, publication, conference, or training in
connection with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a similar commodity
grown or produced in the United States: Provided, That this
subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact in the
export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. (a) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made available
under this Act for `Development Assistance', `Global Health', `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', `Economic Support
Fund', `Peacekeeping Operations', `Operating Expenses of the Agency for
International Development', `Operating Expenses of the Agency for
International Development Office of Inspector General', `Nonproliferation,
Anti-terrorism, Demining and Related Programs', `Foreign Military Financing
Program', `International Military Education and Training', `Peace Corps', and
`Migration and Refugee Assistance', shall be available for obligation for
activities, programs, projects, type of materiel assistance, countries, or
other operations not justified or in excess of the amount justified to the
Appropriations Committees for obligation under any of these specific headings
unless the Appropriations Committees of both Houses of Congress are previously
notified 15 days in advance: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in advance of
such commitment: Provided further, That this section shall not apply
to any reprogramming for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than 10 percent of the
amount previously justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided further,
That the requirements of this section or any similar provision of this Act or
any other Act, including any prior Act requiring notification in accordance
with the regular notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk to human
health or welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional committees,
shall be provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification procedures
of the Committees on Appropriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not made available for
organizations and programs because of the implementation of section 307(a) of
the Foreign Assistance Act of 1961, shall remain available for obligation
until September 30, 2002.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading
`Assistance for the Independent States' 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' 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' 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' 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 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' 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.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Haiti, Liberia, Pakistan, Serbia, Sudan,
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, AIDS, AND OTHER ACTIVITIES
SEC. 522. Up to $10,000,000 of the funds made available by this Act
for assistance for health, family planning, child survival, environment, basic
education, and AIDS, 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 by this Act that are made available for family planning
activities may be made available notwithstanding section 512 of this Act and
section 620(q) of the Foreign Assistance Act of 1961.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES
SEC. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated to finance indirectly any assistance
or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or the People's
Republic of China, unless the President of the United States certifies that
the withholding of these funds is contrary to the national interest of the
United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on Appropriations
in accordance with the regular notification procedures of such Committees:
Provided further, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
DEMOCRACY IN CHINA
SEC. 526. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated by this Act for `Economic
Support Fund' may be made available to provide general support and grants for
nongovernmental organizations located outside the People's Republic of China
that have as their primary purpose fostering democracy in that country, and
for activities of nongovernmental organizations located outside the People's
Republic of China to foster 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 funds
made available pursuant to the authority of this section shall be subject to
the regular notification procedures of the Committees on
Appropriations.
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.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 528. 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.
COMPETITIVE INSURANCE
SEC. 529. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a fair
opportunity to bid for insurance when such insurance is necessary or
appropriate.
STINGERS IN THE PERSIAN GULF REGION
SEC. 530. (a) PROHIBITION- Notwithstanding any other provision of law
and except as provided in subsection (b), the United States may not sell or
otherwise make available under the Arms Export Control Act or chapter 2 of
part II of the Foreign Assistance Act of 1961 any Stinger ground-to-air
missiles to any country bordering the Persian Gulf.
(b) ADDITIONAL TRANSFERS AUTHORIZED- In addition to other defense
articles authorized to be transferred by section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act, 1990,
the United States may sell or make available, under the Arms Export Control
Act or chapter 2 of part II of the Foreign Assistance Act of 1961, Stinger
ground-to-air missiles to any country bordering the Persian Gulf in order to
replace, on a one-for-one basis, Stinger missiles previously furnished to such
country if the Stinger missiles to be replaced are nearing the scheduled
expiration of their shelf-life.
DEBT-FOR-DEVELOPMENT
SEC. 531. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under the
Foreign Assistance Act of 1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which is a grantee
or contractor of the Agency for International Development may place in
interest bearing accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a result of economic
assistance provided under title II of this Act and any interest earned on such
investment shall be used for the purpose for which the assistance was provided
to that organization.
SEPARATE ACCOUNTS
SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES- (1) If
assistance is furnished to the government of a foreign country under chapters
1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local currencies of
that country, the Administrator of the Agency for International Development
shall--
(A) require that local currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the responsibilities
of the Agency for International Development and that government to monitor
and account for deposits into and disbursements from the separate
account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only--
(A) to carry out chapters 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 chapters 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 chapters 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account and not commingle them
with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions which are
referenced in the Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-1159).
(3) NOTIFICATION- At least 15 days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will be
promoted by such assistance).
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from
the requirements of subsection (b)(1) only through the notification procedures
of the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
SEC. 533. (a) No funds appropriated by this Act may be made as payment
to any international financial institution while the United States Executive
Director to such institution is compensated by the institution at a rate
which, together with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States Director to such
institution is compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, `international financial
institutions' are: the International Bank for Reconstruction and Development,
the Inter-American Development Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the African Development Fund,
the International Monetary Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 534. None of the funds appropriated or otherwise made available
pursuant to this Act to carry out the Foreign Assistance Act of 1961
(including title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to provide
assistance to any country that is not in compliance with the United Nations
Security Council sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people in that
country; or
(3) the assistance to be provided will be humanitarian assistance
for foreign nationals who have fled Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT, 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 or the African Development
Foundation Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to conduct
activities in a country for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for `International Organizations and Programs' in this
or any other Act, including prior appropriations Acts, shall not be construed
to be applicable to the International Fund for Agricultural
Development.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 536. None of the funds appropriated by this Act may be obligated
or expended to provide--
(a) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an enterprise
to relocate outside the United States if such incentive or inducement is
likely to reduce the number of employees of such business enterprise in the
United States because United States production is being replaced by such
enterprise outside the United States;
(b) assistance for the purpose of establishing or developing in a
foreign country any export processing zone or designated area in which the
tax, tariff, labor, environment, and safety laws of that country do not
apply, in part or in whole, to activities carried out within that zone or
area, unless the President determines and certifies that such assistance is
not likely to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes to the
violation of internationally recognized workers rights, as defined in
section 502(a)(4) of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that country:
Provided, That in recognition that the application of this
subsection should be commensurate with the level of development of the
recipient country and sector, the provisions of this subsection shall not
preclude assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
FUNDING PROHIBITION FOR SERBIA
SEC. 537. None of the funds appropriated by this Act may be made
available for assistance for the Republic of Serbia: Provided, That
this restriction shall not apply to assistance for Kosova or Montenegro, or to
assistance to promote democratization: Provided further, That section
620(t) of the Foreign Assistance Act of 1961, as amended, shall not apply to
Kosova or Montenegro.
SPECIAL AUTHORITIES
SEC. 538. (a) 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, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of Kosova, 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) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 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) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for the
purpose of administering programs for the West Bank and Gaza.
(d)(1) WAIVER- The President may waive the provisions of section 1003
of Public Law 100-204 if the President determines and certifies in writing to
the Speaker of the House of Representatives and the President pro tempore of
the Senate that it is important to the national security interests of the
United States.
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph
(1) shall be effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this Act.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL
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;
(2) the decision by the Arab League in 1997 to reinstate the boycott
against Israel was deeply troubling and disappointing;
(3) the Arab League should immediately rescind its decision on the
boycott and its members should develop normal relations with their neighbor
Israel; and
(4) 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 as a confidence-building measure;
(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 on the specific steps being taken by the
President 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.
ANTI-NARCOTICS 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. Section 534(c) and the second and third sentences of section 534(e)
of the Foreign Assistance Act of 1961 are repealed.
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, and 11 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 the
government of a country that violates internationally recognized human
rights.
EARMARKS
SEC. 542. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account notwithstanding the
earmark if compliance with the earmark is made impossible by operation of any
provision of this or any other Act or, with respect to a country with which
the United States has an agreement providing the United States with base
rights or base access in that country, if the President determines that the
recipient for which funds are earmarked has significantly reduced its military
or economic cooperation with the United States since the enactment of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with regard
to a base rights or base access country which has significantly reduced its
military or economic cooperation with the United States, the President shall
consult with, and shall provide a written policy justification to the
Committees on Appropriations: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are earmarked
for particular programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of such agency
determines and reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can be obligated
during the original period of availability: Provided, That such
earmarked funds that are continued available for an additional fiscal year
shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 543. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs. 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.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 546. None of the funds appropriated or made available pursuant to
this Act for carrying out the Foreign Assistance Act of 1961, may be used to
pay in whole or in part any assessments, arrearages, or dues of any member of
the United Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international conferences
held under the auspices of multilateral or international
organizations.
CONSULTING SERVICES
SEC. 547. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to section 3109 of
title 5, United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order pursuant to existing law.
PRIVATE VOLUNTARY ORGANIZATIONS--DOCUMENTATION
SEC. 548. None of the funds appropriated or made available pursuant to
this Act shall be available to a private voluntary organization which fails to
provide upon timely request any document, file, or record necessary to the
auditing requirements of the Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 549. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which the
Secretary of State has determined is a terrorist government for purposes of
section 40(d) of the Arms Export Control Act. The prohibition under this
section with respect to a foreign government shall terminate 12 months after
that government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that furnishing
such assistance is important to the national interests of the United
States.
(c) Whenever the waiver of subsection (b) is exercised, the President
shall submit to the appropriate congressional committees a report with respect
to the furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated dollar
amount of such assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN
COUNTRIES
SEC. 550. (a) IN GENERAL- Of the funds made available for a foreign
country under part I of the Foreign Assistance Act of 1961, an amount
equivalent to 110 percent of the total unpaid fully adjudicated parking fines
and penalties owed to the District of Columbia by such country as of the date
of the enactment of this Act shall be withheld from obligation for such
country until the Secretary of State certifies and reports in writing to the
appropriate congressional committees that such fines and penalties are fully
paid to the government of the District of Columbia.
(b) DEFINITION- For purposes of this section, the term `appropriate
congressional committees' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 551. None of the funds appropriated by this Act may be obligated
for assistance for the Palestine Liberation Organization for the West Bank and
Gaza unless the President has exercised the authority under section 604(a) of
the Middle East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make inapplicable section 307
of the Foreign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to
suspend the prohibition under other legislation, funds appropriated by this
Act may not be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 552. If the President determines that doing so will contribute to
a just resolution of charges regarding genocide or other violations of
international humanitarian law, the President may direct a drawdown pursuant
to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by the United
Nations Security Council or such other tribunals or commissions as the Council
may establish to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That 60 days after the date of the enactment of this Act, and
every 180 days thereafter 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 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 headings `International Military Education and Training'
or `Foreign Military Financing Program' for Informational Program activities
or under the headings `Global Health', `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.
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES
SEC. 556. Direct costs associated with meeting a foreign customer's
additional or unique requirements will continue to be allowable under
contracts under section 22(d) of the Arms Export Control Act. Loadings
applicable to such direct costs shall be permitted at the same rates
applicable to procurement of like items purchased by the Department of Defense
for its own use.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 557. (a) AUTHORITY TO REDUCE DEBT- The President may reduce
amounts owed to the United States (or any agency of the United States) by an
eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export
Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed by the
Commodity Credit Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity Credit Corporation
Charter Act of June 29, 1948, as amended, section 4(b) of the Food for Peace
Act of 1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(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. 558. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS-
Notwithstanding any other provision of law, the President may, in accordance
with this section, sell to any eligible purchaser any concessional loan or
portion thereof made before January 1, 1995, pursuant to the Foreign
Assistance Act of 1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own qualified
debt, only if the eligible country uses an additional amount of the local
currency of the eligible country, equal to not less than 40 percent of the
price paid for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of such debt, to
support activities that link conservation and sustainable use of natural
resources with local community development, and child survival and other
child development, in a manner consistent with sections 707 through 710 of
the Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of any prior
agreement relating to such loan.
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of
law, the President shall, in accordance with this section, establish the
terms and conditions under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of
the Foreign Assistance Act of 1961, shall notify the administrator of the
agency primarily responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President has determined to be
eligible, and shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency shall make an
adjustment in its accounts to reflect the sale, reduction, or
cancellation.
(4) LIMITATION- The authorities of this subsection shall be
available only to the extent that appropriations for the cost of the
modification, as defined in section 502 of the Congressional Budget Act of
1974, are made in advance.
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this section
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the President
for using the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser,
or any reduction or cancellation pursuant to this section, of any loan made to
an eligible country, the President should consult with the country concerning
the amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading `Debt Restructuring'.
ASSISTANCE FOR HAITI
SEC. 559. None of the funds made available by this or any previous
appropriations Act for foreign operations, export financing and related
programs shall be made available to the Government of Haiti until the
Secretary of State reports to the Committees on Appropriations that Haiti has
held free and fair elections to seat a new parliament.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
STATE
SEC. 560. (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 1999.
(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. 561. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR THE UNITED
NATIONS- None of the funds appropriated by this Act may be made available to
pay any voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) if the United Nations
implements or imposes any taxation on any United States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS- None of the
funds appropriated by this Act may be made available to pay any voluntary
contribution of the United States to the United Nations (including the United
Nations Development Program) unless the President certifies to the Congress 15
days in advance of such payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United States persons in order
to raise revenue for the United Nations or any of its specialized
agencies.
(c) DEFINITIONS- As used in this section the term `United States
person' refers to--
(1) a natural person who is a citizen or national of the United
States; or
(2) a corporation, partnership, or other legal entity organized
under the United States or any State, territory, possession, or district of
the United States.
HAITI NATIONAL POLICE AND COAST GUARD
SEC. 562. 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 civilian-led Haitian National Police and 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. 563. (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. 564. 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. 565. (a) BILATERAL ASSISTANCE- None of the funds made available
by this or any prior Act making appropriations for foreign operations, export
financing and related programs, may be provided for any country, entity or
municipality described in subsection (e).
(b) MULTILATERAL ASSISTANCE-
(1) PROHIBITION- The Secretary of the Treasury shall instruct the
United States executive directors of the international financial
institutions to work in opposition to, and vote against, any extension by
such institutions of any financial or technical assistance or grants of any
kind to any country or entity described in subsection (e).
(2) NOTIFICATION- Not less than 15 days before any vote in an
international financial institution regarding the extension of financial or
technical assistance or grants to any country or entity described in
subsection (e), the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial Services of the
House of Representatives a written justification for the proposed
assistance, including an explanation of the United States position regarding
any such vote, as well as a description of the location of the proposed
assistance by municipality, its purpose, and its intended
beneficiaries.
(3) DEFINITION- The term `international financial institution'
includes the International Monetary Fund, the International Bank for
Reconstruction and Development, the International Development Association,
the International Finance Corporation, the Multilateral Investment Guaranty
Agency, and the European Bank for Reconstruction and Development.
(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.
(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 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.
(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.
(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. 566. 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. 567. (a) Funds made available in this Act to support programs or
activities the primary purpose of which is promoting or assisting country
participation in the Kyoto Protocol to the Framework Convention on Climate
Change (FCCC) shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all Federal
agency obligations and expenditures for climate change programs and
activities, domestic and international obligations for such activities in
fiscal year 2001, and any plan for programs thereafter related to the
implementation or the furtherance of protocols pursuant to, or related to
negotiations to amend the FCCC in conjunction with the President's submission
of the Budget of the United States Government for Fiscal Year 2002:
Provided, That such report shall include an accounting of
expenditures by agency with each agency identifying climate change activities
and associated costs by line item as presented in the President's Budget
Appendix: Provided further, That such report shall identify with
regard to the Agency for International Development, obligations and
expenditures by country or central program and activity.
AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO
SEC. 568. 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.
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 EXPENDITURES REPORT
SEC. 571. (a) 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.
(b) Not later than February 15, 2001, the Secretary of the Treasury
shall submit a report to the Committees on Appropriations which describes how
the provisions of section 576 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997, as amended (Public Law 104-208),
and of section 1502(b) of title XV of the International Financial Institutions
Act (22 U.S.C. 262o) as amended, are being implemented. This report shall
identify, among other things--
(1) the countries found not to be in compliance with the provisions
of section 576 and the instances where the United States Executive Director
to an international financial institution has voted to oppose a loan or
other utilization of funds as a result of the requirements of that
section;
(2) steps taken by the governments of countries receiving loans or
other funds from such institutions to establish the reporting systems
addressed in section 576;
(3) any instances in which such governments have failed to provide
information about the governments' audit process requested by an
international financial institution; and
(4) any policy changes that have been made by the international
financial institutions with regard to providing loans or other funds to
countries which expend a significant portion of their financial resources
for their armed forces and security forces, and with regard to requiring,
and providing technical assistance for, audits of receipts and expenditures
of such armed forces and security forces.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 572. (a) Of the funds made available under the heading
`Nonproliferation, Anti-terrorism, Demining and Related Programs', not to
exceed $35,000,000 may be made available for the Korean Peninsula Energy
Development Organization (hereafter referred to in this section as `KEDO'),
notwithstanding any other provision of law, only for the administrative
expenses and heavy fuel oil costs associated with the Agreed
Framework.
(b) Of the funds made available for KEDO, up to $15,000,000 may be
made available prior to June 1, 2001, if, 30 days prior to such obligation of
funds, the President certifies and so reports to Congress that--
(1) the parties to the Agreed Framework have taken and continue to
take demonstrable steps to implement the Joint Declaration on
Denuclearization of the Korean Peninsula in which the Government of North
Korea has committed not to test, manufacture, produce, receive, possess,
store, deploy, or use nuclear weapons, and not to possess nuclear
reprocessing or uranium enrichment facilities;
(2) the parties to the Agreed Framework have taken and continue to
take demonstrable steps to pursue the North-South dialogue;
(3) North Korea is complying with all provisions of the Agreed
Framework;
(4) North Korea has not diverted assistance provided by the United
States for purposes for which it was not intended; and
(5) North Korea is not seeking to develop or acquire the capability
to enrich uranium, or any additional capability to reprocess spent nuclear
fuel.
(c) Of the funds made available for KEDO, up to $20,000,000 may be
made available on or after June 1, 2001, if, 30 days prior to such obligation
of funds, the President certifies and so reports to Congress that--
(1) the effort to can and safely store all spent fuel from North
Korea's graphite-moderated nuclear reactors has been successfully
concluded;
(2) North Korea is complying with its obligations under the
agreement regarding access to suspect underground construction;
(3) North Korea has terminated its nuclear weapons program,
including all efforts to acquire, develop, test, produce, or deploy such
weapons; and
(4) the United States has made and is continuing to make significant
progress on eliminating the North Korean ballistic missile threat, including
further missile tests and its ballistic missile exports.
(d) The President may waive the certification requirements of
subsections (b) and (c) if the President determines that it is vital to the
national security interests of the United States and provides written policy
justifications to the appropriate congressional committees prior to his
exercise of such waiver. No funds may be obligated for KEDO until 30 days
after submission to Congress of such waiver.
(e) The Secretary of State shall submit to the appropriate
congressional committees a report (to be submitted with the annual
presentation for appropriations) providing a full and detailed accounting of
the fiscal year 2002 request for the United States contribution to KEDO, the
expected operating budget of the KEDO, to include unpaid debt, proposed annual
costs associated with heavy fuel oil purchases, and the amount of funds
pledged by other donor nations and organizations to support KEDO activities on
a per country basis, and other related activities.
AFRICAN DEVELOPMENT FOUNDATION
SEC. 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.
VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE U.S. AGENCY FOR
INTERNATIONAL DEVELOPMENT
SEC. 575. (a) DEFINITIONS- For the purposes of this section--
(1) the term `agency' means the United States Agency for
International Development;
(2) the term `Administrator' means the Administrator, United States
Agency for International Development; and
(3) the term `employee' means an employee (as defined by section
2105 of title 5, United States Code) who is employed by the agency, is
serving under an appointment without time limitation, and has been currently
employed for a continuous period of at least 3 years, but does not
include--
(A) a reemployed annuitant under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, or another retirement system
for employees of the agency;
(B) an employee having a disability on the basis of which such
employee is or would be eligible for disability retirement under the
applicable retirement system referred to in subparagraph
(A);
(C) an employee who is to be separated involuntarily for
misconduct or unacceptable performance, and to whom specific notice has
been given with respect to that separation;
(D) an employee who has previously received any voluntary
separation incentive payment by the Government of the United States under
this section or any other authority and has not repaid such
payment;
(E) an employee covered by statutory reemployment rights who is on
transfer to another organization; or
(F) any employee who, during the 24-month period preceding the
date of separation, received a recruitment or relocation bonus under
section 5753 of title 5, United States Code, or who, within the 12-month
period preceding the date of separation, received a retention allowance
under section 5754 of such title 5.
(b) AGENCY STRATEGIC PLAN-
(1) IN GENERAL- The Administrator, before obligating any resources
for voluntary separation incentive payments under this section, shall submit
to the Committees on Appropriations and the Office of Management and Budget
a strategic plan outlining the intended use of such incentive payments and a
proposed organizational chart for the agency once such incentive payments
have been completed.
(2) CONTENTS- The agency's plan shall include--
(A) the positions and functions to be reduced or eliminated,
identified by organizational unit, geographic location, occupational
category and grade level;
(B) the number and amounts of voluntary separation incentive
payments to be offered;
(C) a description of how the agency will operate without the
eliminated positions and functions; and
(D) the time period during which incentives may be
paid.
(3) APPROVAL- The Director of the Office of Management and Budget
shall review the agency's plan and approve or disapprove the plan and may
make appropriate modifications in the plan with respect to the coverage of
incentives as described under paragraph (2)(A), and with respect to the
matters described in paragraphs (2)(B) through (D).
(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS-
(1) IN GENERAL- A voluntary separation incentive payment under this
section may be paid by the agency to employees of such agency and only to
the extent necessary to eliminate the positions and functions identified by
the strategic plan.
(2) AMOUNT AND TREATMENT OF PAYMENTS- A voluntary separation
incentive payment under this section--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available for the
payment of the basic pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee would be entitled
to receive under section 5595(c) of title 5, United States Code, if the
employee were entitled to payment under such section;
or
(ii) an amount determined by the agency head not to exceed
$25,000;
(D) may not be made except in the case of any employee who
voluntarily separates (whether by retirement or resignation) on or before
December 31, 2001;
(E) shall not be a basis for payment, and shall not be included in
the computation, of any other type of Government benefit;
and
(F) shall not be taken into account in determining the amount of
any severance pay to which the employee may be entitled under section 5595
of title 5, United States Code, based on any other
separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND-
(1) IN GENERAL- In addition to any other payments which it is
required to make under subchapter III of chapter 83 or chapter 84 of title
5, United States Code, the agency shall remit to the Office of Personnel
Management for deposit in the Treasury of the United States to the credit of
the Civil Service Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee of the agency who is covered
under subchapter III of chapter 83 or chapter 84 of title 5, United States
Code, to whom a voluntary separation incentive has been paid under this
section.
(2) DEFINITION- For the purpose of paragraph (1), the term `final
basic pay', with respect to an employee, means the total amount of basic pay
which would be payable for a year of service by such employee, computed
using the employee's final rate of basic pay, and, if last serving on other
than a full-time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT-
(1) An individual who has received a voluntary separation incentive
payment under this section and accepts any employment for compensation with
the Government of the United States, or who works for any agency of the
Government of the United States through a personal services contract, within
5 years after the date of the separation on which the payment is based shall
be required to pay, prior to the individual's first day of employment, the
entire amount of the incentive payment to the agency that paid the incentive
payment.
(2) If the employment under paragraph (1) is with an Executive
agency (as defined by section 105 of title 5, United States Code), the
United States Postal Service, or the Postal Rate Commission, the Director of
the Office of Personnel Management may, at the request of the head of the
agency, waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(3) If the employment under paragraph (1) is with an entity in the
legislative branch, the head of the entity or the appointing official may
waive the repayment if the individual involved possesses unique abilities
and is the only qualified applicant available for the position.
(4) If the employment under paragraph (1) is with the judicial
branch, the Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant for the position.
(f) REDUCTION OF AGENCY EMPLOYMENT LEVELS-
(1) IN GENERAL- The total number of funded employee positions in the
agency shall be reduced by one position for each vacancy created by the
separation of any employee who has received, or is due to receive, a
voluntary separation incentive payment under this section. For the purposes
of this subsection, positions shall be counted on a full-time-equivalent
basis.
(2) ENFORCEMENT- The President, through the Office of Management and
Budget, shall monitor the agency and take any action necessary to ensure
that the requirements of this subsection are met.
(g) REGULATIONS- The Office of Personnel Management may prescribe such
regulations as may be necessary to implement this section.
KYOTO PROTOCOL
SEC. 576. 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.
ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR
FOREIGN COUNTRIES
SEC. 577. (a) VALUE OF ADDITIONS TO STOCKPILES- Section 514(b)(2)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
inserting before the period at the end, the following: `and $50,000,000 for
fiscal year 2001'.
(b) REQUIREMENTS RELATING TO THE REPUBLIC OF KOREA AND THAILAND-
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended by
inserting at the end thereof the following sentence: `Of the amount specified
in subparagraph (A) for fiscal year 2001, not more than $50,000,000 may be
made available for stockpiles in the Republic of Korea.'.
ABOLITION OF THE INTER-AMERICAN FOUNDATION
SEC. 578. (a) DEFINITIONS- In this section:
(1) DIRECTOR- The term `Director' means the Director of the Office
of Management and Budget.
(2) FOUNDATION- The term `Foundation' means the Inter-American
Foundation.
(3) FUNCTION- The term `function' means any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
(b) ABOLITION OF INTER-AMERICAN FOUNDATION- During fiscal year 2001,
the President is authorized to abolish the Inter-American Foundation. The
provisions of this section shall only be effective upon the effective date of
the abolition of the Inter-American Foundation.
(c) TERMINATION OF FUNCTIONS-
(1) Except as provided in subsection (d)(2), there are terminated
upon the abolition of the Foundation all functions vested in, or exercised
by, the Foundation or any official thereof, under any statute,
reorganization plan, Executive order, or other provisions of law, as of the
day before the effective date of this section.
(2) REPEAL- Section 401 of the Foreign Assistance Act of 1969 (22
U.S.C. 290f) is repealed upon the effective date specified in subsection
(j).
(3) FINAL DISPOSITION OF FUNDS- Upon the date of transmittal to
Congress of the certification described in subsection (d)(4), all unexpended
balances of appropriations of the Foundation shall be deposited in the
miscellaneous receipts account of the Treasury of the United
States.
(d) Responsibilities of the Director of the Office of Management and
Budget-
(1) IN GENERAL- The Director of the Office of Management and Budget
shall be responsible for--
(A) the administration and wind-up of any outstanding obligation
of the Federal Government under any contract or agreement entered into by
the Foundation before the date of the enactment of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2001, except
that the authority of this subparagraph does not include the renewal or
extension of any such contract or agreement; and
(B) taking such other actions as may be necessary to wind-up any
outstanding affairs of the Foundation.
(2) TRANSFER OF FUNCTIONS TO THE DIRECTOR- There are transferred to
the Director such functions of the Foundation under any statute,
reorganization plan, Executive order, or other provision of law, as of the
day before the date of the enactment of this section, as may be necessary to
carry out the responsibilities of the Director under paragraph
(1).
(3) AUTHORITIES OF THE DIRECTOR- For purposes of performing the
functions of the Director under paragraph (1) and subject to the
availability of appropriations, the Director may--
(A) enter into contracts;
(B) employ experts and consultants in accordance with section 3109
of title 5, United States Code, at rates for individuals not to exceed the
per diem rate equivalent to the rate for level IV of the Executive
Schedule; and
(C) utilize, on a reimbursable basis, the services, facilities,
and personnel of other Federal agencies.
(4) CERTIFICATION REQUIRED- Whenever the Director determines that
the responsibilities described in paragraph (1) have been fully discharged,
the Director shall so certify to the appropriate congressional
committees.
(e) REPORT TO CONGRESS- The Director of the Office of Management and
Budget shall submit to the appropriate congressional committees a detailed
report in writing regarding all matters relating to the abolition and
termination of the Foundation. The report shall be submitted not later than 90
days after the termination of the Foundation.
(f) TRANSFER AND ALLOCATION OF APPROPRIATIONS- Except as otherwise
provided in this section, the assets, liabilities (including contingent
liabilities arising from suits continued with a substitution or addition of
parties under subsection (g)(3)), contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made available in
connection with the functions, terminated by subsection (c)(1) or transferred
by subsection (d)(2) shall be transferred to the Director for purposes of
carrying out the responsibilities described in subsection (d)(1).
(1) CONTINUING LEGAL FORCE AND EFFECT- All orders, determinations,
rules, regulations, permits, agreements, grants, contracts, certificates,
licenses, registrations, privileges, and other administrative
actions--
(A) that have been issued, made, granted, or allowed to become
effective by the Foundation in the performance of functions that are
terminated or transferred under this section; and
(B) that are in effect as of the date of the abolition of the
Foundation, or were final before such date and are to become effective on
or after such date,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by the
President, the Director, or other authorized official, a court of competent
jurisdiction, or by operation of law.
(2) NO EFFECT ON JUDICIAL OR ADMINISTRATIVE PROCEEDINGS- Except as
otherwise provided in this section--
(A) the provisions of this section shall not affect suits
commenced prior to the date of the abolition of the Foundation;
and
(B) in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and effect as if this section
had not been enacted.
(3) NONABATEMENT OF PROCEEDINGS- No suit, action, or other
proceeding commenced by or against any officer in the official capacity of
such individual as an officer of the Foundation shall abate by reason of the
enactment of this section. No cause of action by or against the Foundation,
or by or against any officer thereof in the official capacity of such
officer, shall abate by reason of the enactment of this section.
(4) CONTINUATION OF PROCEEDING WITH SUBSTITUTION OF PARTIES- If,
before the date of the abolition of the Foundation, the Foundation, or
officer thereof in the official capacity of such officer, is a party to a
suit, then effective on such date such suit shall be continued with the
Director substituted or added as a party.
(5) REVIEWABILITY OF ORDERS AND ACTIONS UNDER TRANSFERRED FUNCTIONS-
Orders and actions of the Director in the exercise of functions terminated
or transferred under this section shall be subject to judicial review to the
same extent and in the same manner as if such orders and actions had been
taken by the Foundation immediately preceding their termination or transfer.
Any statutory requirements relating to notice, hearings, action upon the
record, or administrative review that apply to any function transferred by
this section shall apply to the exercise of such function by the
Director.
(h) Conforming Amendments-
(1) AFRICAN DEVELOPMENT FOUNDATION- Section 502 of the International
Security and Development Cooperation Act of 1980 (22 U.S.C. 290h) is
amended--
(A) by inserting `and' at the end of paragraph (2);
(B) by striking the semicolon at the end of paragraph (3) and
inserting a period; and
(C) by striking paragraphs (4) and (5).
(2) SOCIAL PROGRESS TRUST FUND AGREEMENT- Section 36 of the Foreign
Assistance Act of 1973 is amended--
(i) by striking `provide for' and all that follows through `(2)
utilization' and inserting `provide for the utilization';
and
(ii) by striking `member countries;' and all that follows
through `paragraph (2)' and inserting `member
countries.';
(B) in subsection (b), by striking `transfer or';
(C) by striking subsection (c);
(D) by redesignating subsection (d) as subsection (c);
and
(E) in subsection (c) (as so redesignated), by striking `transfer
or'.
(3) FOREIGN ASSISTANCE ACT OF 1961- Section 222A(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2182a(d)) is repealed.
(i) DEFINITION- In this section, the term `appropriate congressional
committees' means 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.
(j) EFFECTIVE DATES- The repeal made by subsection (c)(2) and the
amendments made by subsection (h) shall take effect upon the date of
transmittal to Congress of the certification described in subsection
(d)(4).
WEST BANK AND GAZA PROGRAM
SEC. 579. For fiscal year 2001, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the appropriate committees of Congress
that procedures have been established to assure the Comptroller General of the
United States will have access to appropriate United States financial
information in order to review the uses of United States assistance for the
Program funded under the heading `Economic Support Fund' for the West Bank and
Gaza.
INDONESIA
SEC. 580. (a) Funds appropriated by this Act under the headings
`International Military Education and Training' and `Foreign Military
Financing Program' may be made available to the Government of 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.
WORKING CAPITAL FUND
SEC. 581. (a) Section 635 of the Foreign Assistance Act of 1961 (22
U.S.C. 2395) is amended by adding a new subsection (l) as follows:
`(l)(1) There is hereby established a working capital fund for the
Agency for International Development which shall be available without fiscal
year limitation for the expenses of personal and nonpersonal services,
equipment and supplies for International Cooperative Administrative Support
Services.
`(2) The capital of the fund shall consist of the fair and
reasonable value of such supplies, equipment and other assets pertaining to
the functions of the fund as the Administrator determines, rebates from the
use of United States Government credit cards, and any appropriations made
available for the purpose of providing capital, less related liabilities and
unpaid obligations.
`(3) The fund shall be reimbursed or credited with advance payments
for services, equipment or supplies provided from the fund from applicable
appropriations and funds of the agency, other Federal agencies and other
sources authorized by section 607 of this Act at rates that will recover
total expenses of operation, including accrual of annual leave and
depreciation. Receipts from the disposal of, or payments for the loss or
damage to, property held in the fund, rebates, reimbursements, refunds and
other credits applicable to the operation of the fund may be deposited in
the fund.
`(4) The agency shall transfer to the Treasury as miscellaneous
receipts as of the close of the fiscal year such amounts which the
Administrator determines to be in excess of the needs of the
fund.
`(5) The fund may be charged with the current value of supplies and
equipment returned to the working capital of the fund by a post, activity or
agency and the proceeds shall, if otherwise authorized, be credited to
current applicable appropriations.'.
IMMUNITY OF FEDERAL REPUBLIC OF YUGOSLAVIA
SEC. 582. (a) Subject to subsection (b), the Federal Republic of
Yugoslavia shall be deemed to be a state sponsor of terrorism for the purposes
of 28 U.S.C. 1605(a)(7).
(b) This section shall not apply to Montenegro or Kosova.
(c) This section shall become null and void when the President
certifies in writing to the Congress that the Federal Republic of Yugoslavia
(other than Montenegro and Kosova) has completed a democratic reform process
that results in a newly elected government that respects the rights of ethnic
minorities, is committed to the rule of law and respects the sovereignty of
its neighbor states.
(d) The certification provided for in subsection (c) shall not affect
the continuation of litigation commenced against the Federal Republic of
Yugoslavia prior to its fulfillment of the conditions in subsection
(c).
CONSULTATIONS ON ARMS SALES TO TAIWAN
SEC. 583. Consistent with the intent of Congress expressed in the
enactment of section 3(b) of the Taiwan Relations Act, the Secretary of State
shall consult with the appropriate committees and leadership of Congress to
devise a mechanism to provide for congressional input prior to making any
determination on the nature or quantity of defense articles and services to be
made available to Taiwan.
SANCTIONS AGAINST SERBIA
SEC. 584. (a) CONTINUATION OF EXECUTIVE BRANCH SANCTIONS- The
sanctions listed in subsection (b) shall remain in effect for fiscal year
2001, unless the President submits to the Committees on Appropriations and
Foreign Relations in the Senate and the Committees on Appropriations and
International Relations of the House of Representatives a certification
described in subsection (c).
(b) APPLICABLE SANCTIONS-
(1) 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 the government of
Serbia.
(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in Europe (OSCE)
to block any consensus to allow the participation of Serbia in the OSCE or
any organization affiliated with the OSCE.
(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any resolution in the
United Nations Security Council to admit Serbia to the United Nations or any
organization affiliated with the United Nations, to veto any resolution to
allow Serbia to assume the United Nations' membership of the former
Socialist Federal Republic of Yugoslavia, and to take action to prevent
Serbia from assuming the seat formerly occupied by the Socialist Federal
Republic of Yugoslavia.
(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic Treaty
Organization to oppose the extension of the Partnership for Peace program or
any other organization affiliated with NATO to Serbia.
(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative (SECI) to
oppose and to work to prevent the extension of SECI membership to
Serbia.
(c) CERTIFICATION- A certification described in this subsection is a
certification that--
(1) the representatives of the successor states to the Socialist
Federal Republic of Yugoslavia have successfully negotiated the division of
assets and liabilities and all other succession issues following the
dissolution of the Socialist Federal Republic of Yugoslavia;
(2) the Government of Serbia is fully complying with its obligations
as a signatory to the General Framework Agreement for Peace in Bosnia and
Herzegovina;
(3) the Government of Serbia is fully cooperating with and providing
unrestricted access to the International Criminal Tribunal for the former
Yugoslavia, including surrendering persons indicted for war crimes who are
within the jurisdiction of the territory of Serbia, and with the
investigations concerning the commission of war crimes and crimes against
humanity in Kosova;
(4) the Government of Serbia is implementing internal democratic
reforms; and
(5) Serbian federal governmental officials, and representatives of
the ethnic Albanian community in Kosova have agreed on, signed, and begun
implementation of a negotiated settlement on the future status of
Kosova.
(d) STATEMENT OF POLICY- It is the sense of the Congress that the
United States should not restore full diplomatic relations with Serbia until
the President submits to the Committees on Appropriations and Foreign
Relations in the Senate and the Committees on Appropriations and International
Relations in the House of Representatives the certification described in
subsection (c).
(e) EXEMPTION OF MONTENEGRO AND KOSOVA- The sanctions described in
subsection (b) shall not apply to Montenegro or Kosova.
(f) 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.
(g) WAIVER AUTHORITY- The President may waive the application in whole
or in part, of any sanction described in subsection (b) if the President
certifies to the Congress that the President has determined that the waiver is
necessary to meet emergency humanitarian needs.
CLEAN COAL TECHNOLOGY
SEC. 585. (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 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.
REPEAL OF UNOBLIGATED BALANCE RESTRICTIONS
SEC. 586. (a) The final proviso under the heading `Foreign Military
Financing Program' in Title VI of the Foreign Operations, Export Financing,
and Related Programs as enacted into law by section 1000(a)(2) of division B
of Public Law 106-113 (113 STAT. 1501A-133), is repealed.
(b) Subsection (a) shall be effective immediately upon the enactment
of this Act.
REPEAL OF REQUIREMENT FOR ANNUAL GAO REPORT ON THE FINANCIAL OPERATIONS
OF THE INTERNATIONAL MONETARY FUND
SEC. 587. Section 1706 of the International Financial Institutions Act
(22 U.S.C. 262r-5) is repealed.
EXTENSION OF GAO AUTHORITIES
SEC. 588. The funds made available to the Comptroller General pursuant
to Title I, Chapter 4 of Public Law 106-31 shall remain available until
expended.
PROCUREMENT AUTHORITY
SEC. 589. Funds appropriated by this or any prior Acts making
appropriations for foreign operations, export financing, and related programs,
that are provided to the National Endowment for Democracy shall be provided in
a manner that is consistent with the last sentence of section 503(a) of the
National Endowment for Democracy Act and Comptroller General Decisions No.
B-203681 of June 6, 1985, and No. B-248111 of September 9, 1992, and the
National Endowment for Democracy shall be deemed `the awarding agency' for
purposes of implementing Office of Management and Budget Circular A-122 as
dated June 1, 1998, or any successor circular.
FUNDING FOR PRIVATE ORGANIZATIONS
SEC. 590. Notwithstanding any other provision of law, in determining
eligibility for assistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental organizations
and multilateral organizations--
(1) shall not be subject to requirements related to the use of
non-United States Government funds for advocacy and lobbying activities more
restrictive than those that apply to United States nongovernmental
organizations receiving assistance under part I of such Act; and
(2) shall not be ineligible for such assistance solely on the basis
of health or medical services provided by such organizations with non-United
States Government funds if such services do not violate the laws of the
country in which they are being provided and would not violate United States
Federal law if provided in the United States.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
SEC. 591. (a) FUNDING CONDITIONS- Of the funds made available under
the heading `International Financial Institutions' in this or any prior
Foreign Operations, Export Financing, or Related Programs 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 that--
(1) the institution is implementing procedures for conducting
semi-annual audits by qualified independent auditors for all new
lending;
(2) the institution has taken steps to establish an independent
fraud and corruption investigative organization or office;
(3) the institution has implemented a program to assess a recipient
country's procurement and financial management capabilities including an
analysis of the risks of corruption prior to initiating new lending;
and
(4) the institution is taking steps to fund and implement measures
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 to fulfill the
objectives identified in subsection (a).
(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.
USE OF FUNDS FOR THE UNITED STATES-ASIA ENVIRONMENTAL
PARTNERSHIP
SEC. 592. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated by this or any other Act
making appropriations pursuant to part I of the Foreign Assistance Act of 1961
that are made available for the United States-Asia Environmental Partnership
may be made available for activities for the People's Republic of
China.
EDUCATION AND ANTI-CORRUPTION ASSISTANCE
SEC. 593. Section 638 of the Foreign Assistance Act of 1961 (22 U.S.C.
2398) is amended by adding at the end the following new subsection:
`(c) Notwithstanding any provision of law that restricts assistance to
foreign countries, funds made available to carry out the provisions of part I
of this Act may be furnished for assistance for education programs and for
anti-corruption programs, except that this subsection shall not apply to
section 490(e) or 620A of this Act or any other comparable provision of
law.'.
INDOCHINESE PAROLEES
SEC. 594. Notwithstanding any other provision of law, any national of
Vietnam, Cambodia, or Laos who was paroled into the United States before
October 1, 1997 shall be eligible to make an application for adjustment of
status pursuant to section 599E of Public Law 101-167.
NONPROLIFERATION AND ANTI-TERRORISM PROGRAMS
SEC. 595. It is the sense of Congress that--
(1) the programs contained in the Department of State's
Nonproliferation, Antiterrorism, Demining, and Related Programs (NADR)
budget line are vital to the national security of the United States;
and
(2) funding for those programs should be restored in any conference
report with respect to this Act to the levels requested in the President's
budget.
MOTHER-TO-CHILD TRANSMISSION OF HIV/AIDS IN SUB-SAHARAN AFRICA
SEC. 596. (a) FINDINGS- The Senate finds that:
(1) According to the World Health Organization, in 1999, there were
5,600,000 new cases of HIV/AIDS throughout the world, and two-thirds of
those (3,800,000) were in sub-Saharan Africa.
(2) Sub-Saharan Africa is the only region in the world where a
majority of those with HIV/AIDS--55 percent--are women.
(3) When women get the disease, they often pass it along to their
children, and over 2,000,000 children in sub-Saharan Africa are living with
HIV/AIDS.
(4) New investments and treatments hold out promise of making
progress against mother-to-child transmission of HIV/AIDS. For
example--
(A) a study in Uganda demonstrated that a new drug could prevent
almost one-half of the HIV transmissions from mothers to infants, at a
fraction of the cost of other treatments; and
(B) a study of South Africa's population estimated that if all
pregnant women in that country took an antiviral medication during labor,
as many as 110,000 new cases of HIV/AIDS could be prevented over the next
five years in South Africa alone.
(5) The Technical Assistance, Trade Promotion, and Anti-Corruption
Act of 2000, as approved by the Senate Foreign Relations Committee on March
23, 2000, ensures that not less than 8.3 percent of the United States Agency
for International Development's (USAID) HIV/AIDS funding is used to combat
mother-to-child transmission.
(b) SENSE OF THE SENATE- It is the sense of the Senate that of the
funds provided in this Act, the USAID should place a high priority on efforts,
including providing medications, to prevent mother-to-child transmission of
HIV/AIDS.
REPORTING REQUIREMENT ON SUDAN
Sec. 597. One hundred and twenty days after the date of enactment of
this Act, the President shall submit a report to the appropriate congressional
committees--
(A) the areas of Sudan open to the delivery of humanitarian or
other assistance through or from Operation Lifeline Sudan (in this section
referred to as `OLS'), both in the Northern and Southern
sectors;
(B) the extent of actual deliveries of assistance through or from
OLS to those areas from January 1997 through the present;
(C) areas of Sudan which cannot or do not receive assistance
through or from OLS, and the specific reasons for lack or absence of
coverage, including--
(i) denial of access by the government of Sudan on a periodic
basis (`flight bans'), including specific times and duration of denials
from January 1997 through the present;
(ii) denial of access by the government of Sudan on an historic
basis (`no-go' areas) since 1989 and the reason for such
denials;
(iii) exclusion of areas from the original agreements which
defined the limitations of OLS;
(iv) a determination by OLS of a lack of need in an area of no
coverage;
(v) no request has been made to the government of Sudan for
coverage or deliveries to those areas by OLS or any participating
organization within OLS; or
(vi) any other reason for exclusion from or denial of coverage
by OLS;
(D) areas of Sudan where the United States has provided assistance
outside of OLS since January 1997, and the amount, extent and nature of
that assistance;
(E) areas affected by the withdrawal of international relief
organizations, or their sponsors, or both, due to the disagreement over
terms of the `Agreement for Coordination of Humanitarian, Relief and
Rehabilitation Activities in the SPLM Administered Areas' memorandum of
1999, including specific locations and programs affected;
and
(2) containing a comprehensive assessment of the humanitarian needs
in areas of Sudan not covered or served by OLS, including but not limited to
the Nuba Mountains, Red Sea Hills, and Blue Nile regions.
PERU
Sec. 598. (a) SENSE OF THE SENATE- It is the sense of the Senate
that:
(1) The Organization of American States (OAS) Electoral Observer
Mission, led by Eduardo Stein, deserves the recognition and gratitude of the
United States for having performed an extraordinary service in promoting
representative democracy in the Americas by working to ensure free and fair
elections in Peru and by exposing efforts of the Government of Peru to
manipulate the national elections in April and May of 2000 to benefit the
president in power.
(2) The Government of Peru failed to establish the conditions for
free and fair elections--both for the April 9 election as well as for the
May 28 run-off--by not taking effective steps to correct the
`insufficiencies, irregularities, inconsistencies, and inequities'
documented by the OAS Electoral Observation Mission.
(3) The United States Government should support the work of the OAS
high-level mission, and that such mission should base its specific
recommendations on the views of civil society in Peru regarding commitments
by their government to respect human rights, the rule of law, the
independence and constitutional role of the judiciary and national congress,
and freedom of expression and journalism.
(4) In accordance with Public Law 106-186, the United States must
review and modify as appropriate its political, economic, and military
relations with Peru and work with other democracies in this hemisphere and
elsewhere toward a restoration of democracy in Peru.
(b) REPORT- Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to the appropriate committees of
Congress a report evaluating United States political, economic, and military
relations with Peru, in accordance with Public Law 106-186. Such report should
review, but not be limited to, the following:
(1) The effectiveness of providing United States assistance to Peru
only through independent non-governmental organizations or international
organizations.
(2) Scrutiny of all United States anti-narcotics assistance to Peru
and the effectiveness of providing such assistance through legitimate
civilian agencies and the appropriateness of providing this assistance to
any military or intelligence units that are known to have violated human
rights, suppressed freedom of expression or undermined free and fair
elections.
(3) The need to increase support to Peru through independent
non-governmental organizations and international organizations to promote
the rule of law, separation of powers, political pluralism, and respect for
human rights, and to evaluate termination of support for entities that have
cooperated with the undemocratic maneuvers of the executive
branch.
(4) The effectiveness of United States policy of supporting loans or
other assistance for Peru through international financial institutions (such
as the World Bank and Inter-American Development Bank), and an evaluation of
terminating support to entities of the Government of Peru that have
willfully violated human rights, suppressed freedom of expression, or
undermined free and fair elections.
(5) The extent to which Peru benefits from the Andean Trade
Preferences Act and the ramifications of conditioning participation in that
program on respect for the rule of law and representative
democracy.
(c) DETERMINATION- Not later than 90 days after the date of the
enactment of this Act, the President shall determine and report to the
appropriate committees of Congress whether the Government of Peru has made
substantial progress in improving its respect for human rights, the rule of
law (including fair trials of civilians), the independence and constitutional
role of the judiciary and national congress, and freedom of expression and
independent journalism.
(d) PROHIBITION- If the President determines and reports pursuant to
subsection (c) that the Government of Peru has not made substantial progress,
no funds appropriated by this Act may be made available for assistance for the
Government of Peru, and the Secretary of the Treasury shall instruct the
United States executive directors to the international financial institutions
to use the voice and vote of the United States to oppose loans to the
Government of Peru, except loans to support basic human needs.
(e) EXCEPTION- The prohibition in subsection (d) shall not apply to
humanitarian assistance, democracy assistance, anti-narcotics assistance,
assistance to support binational peace activities involving Peru and Ecuador,
assistance provided by the Overseas Private Investment Corporation, or
assistance provided by the Trade and Development Agency.
(f) WAIVER- The President may waive subsection (d) for periods not to
exceed 90 days if he certifies to the appropriate committees of Congress that
doing so is important to the national security interests of the United States
and will promote the respect for human rights and the rule of law in
Peru.
(g) DEFINITIONS- For the purposes of this section, `appropriate
committees of Congress' means the Committee on Appropriations and the
Committee on Foreign Relations in the Senate and the Committee on
Appropriations and Committee on International Relations in the House of
Representatives. For the purposes of this section, `humanitarian assistance'
includes but is not limited to assistance to support health and basic
education.
SENSE OF SENATE REGARDING ZIMBABWE
Sec. 599. (a) FINDINGS- The Senate finds that--
(1) people around the world supported the Republic of Zimbabwe's
quest for independence, majority rule, and the protection of human rights
and the rule of law;
(2) Zimbabwe, at the time of independence in 1980, showed bright
prospects for democracy, economic development, and racial
reconciliation;
(3) the people of Zimbabwe are now suffering the destabilizing
effects of a serious, government-sanctioned breakdown in the rule of law,
which is critical to economic development as well as domestic
tranquility;
(4) a free and fair national referendum was held in Zimbabwe in
February 2000 in which voters rejected proposed constitutional amendments to
increase the president's authorities to expropriate land without
payment;
(5) the President of Zimbabwe has defied two high court decisions
declaring land seizures to be illegal;
(6) previous land reform efforts have been ineffective largely due
to corrupt practices and inefficiencies within the Government of
Zimbabwe;
(7) recent violence in Zimbabwe has resulted in several murders and
brutal attacks on innocent individuals, including the murder of farm workers
and owners;
(8) violence has been directed toward individuals of all
races;
(9) the ruling party and its supporters have specifically directed
violence at democratic reform activists seeking to prepare for upcoming
parliamentary elections;
(10) the offices of a leading independent newspaper in Zimbabwe have
been bombed;
(11) the Government of Zimbabwe has not yet publicly condemned the
recent violence;
(12) President Mugabe's statement that thousands of law-abiding
citizens are enemies of the state has further incited violence;
(13) 147 out of 150 members of the Parliament in Zimbabwe (98
percent) belong to the same political party;
(14) the unemployment rate in Zimbabwe now exceeds 60 percent and
political turmoil is on the brink of destroying Zimbabwe's
economy;
(15) the economy is being further damaged by the Government of
Zimbabwe's ongoing involvement in the war in the Democratic Republic of the
Congo;
(16) the United Nations Food and Agricultural Organization has
issued a warning that Zimbabwe faces a food emergency due to shortages
caused by violence against farmers and farm workers; and
(17) events in Zimbabwe could threaten stability and economic
development in the entire region.
(18) the Goverment of Zimbabwe has rejected international election
observation delegation accreditation for United States-based nongovernmental
organizations, including the International Republican Institute and National
Democratic Institute, and is also denying accreditation for other
nongovernmental organizations and election observers of certain specified
nationalities.
(b) SENSE OF THE SENATE- The Senate--
(1) extends its support to the vast majority of citizens of the
Republic of Zimbabwe who are committed to peace, economic prosperity, and an
open, transparent parliamentary election process;
(2) strongly urges the Government of Zimbabwe to enforce the rule of
law and fulfill its responsibility to protect the political and civil rights
of all citizens;
(3) supports those international efforts to assist with land reform
which are consistent with accepted principles of international law and which
take place after the holding of free and fair parliamentary
elections;
(4) condemns government-directed violence against farm workers,
farmers, and opposition party members;
(5) encourages the local media, civil society, and all political
parties to work together toward a campaign environment conducive to free,
transparent and fair elections within the legally prescribed
period;
(6) recommends international support for voter education, domestic
and international election monitoring, and violence monitoring
activities;
(7) urges the United States to continue to monitor violence and
condemn brutality against law abiding citizens;
(8) congratulates all the democratic reform activists in Zimbabwe
for their resolve to bring about political change peacefully, even in the
face of violence and intimidation; and
(9) desires a lasting, warm, and mutually beneficial relationship
between the United States and a democratic, peaceful Zimbabwe.
SENSE OF SENATE REGARDING ESTONIA, LATVIA, AND LITHUANIA
SEC. 599A. It is the sense of the Senate that nothing in this Act
regarding the assistance provided to Estonia, Latvia, and Lithuania under the
heading `FOREIGN MILITARY FINANCING PROGRAM' should be interpreted as
expressing the sense of the Senate regarding an acceleration of the accession
of Estonia, Latvia, or Lithuania to the North Atlantic Treaty Organization
(NATO).
ELIMINATION OF DOWRY DEATHS AND HONOR KILLINGS
SEC. 599B. (a) IN GENERAL- The Secretary of State should meet with
representatives from countries that have a high incidence of the practice of
dowry deaths or honor killings with a view toward working with the
representatives to increase awareness of the practices, to develop strategies
to end the practices, and to determine the scope of the problem within the
refugee population.
(b) DEFINITIONS- In this section:
(1) DOWRY DEATH- The term `dowry death' means the killing of a woman
because of a dowry dispute.
(2) HONOR KILLING- The term `honor killing' means the murder of a
woman suspected of dishonoring her family.
ELIMINATION OF FEMALE GENITAL MUTILATION
Sec. 599C. The Secretary of State shall conduct a study to determine
the prevalence of the practice of female genital mutilation. The study shall
include the existence and enforcement of laws prohibiting the practice. The
Secretary shall submit the findings of the study and recommendations on how
the United States can best work to eliminate the practice of female genital
mutilation, to the appropriate congressional committees by June 1,
2001.
SUPPORT BY THE RUSSIAN FEDERATION FOR SERBIA
Sec. 599D. (a) FINDINGS- Congress finds that--
(1) General Dragolub Ojdanic, Minister of Defense of the Federal
Republic of Yugoslavia (Serbia and Montenegro) and an indicted war criminal,
visited Moscow from May 7 through May 12, 2000, as a guest of the Government
of the Russian Federation, attended the inauguration of President Vladimir
Putin, and held talks with Russian Defense Minister Igor Sergeyev and Army
Chief of Staff Anatoly Kvashnin;
(2) General Ojdanic was military Chief of Staff of the Federal
Republic of Yugoslavia during the Kosova war and has been indicted by the
International Criminal Tribunal for the Former Yugoslavia (ICTY) for crimes
against humanity and violations of the laws and customs of war for alleged
atrocities against Albanians in Kosova;
(3) international warrants have been issued by the International
Criminal Tribunal for the Former Yugoslavia for General Ojdanic's arrest and
extradition to The Hague;
(4) the Government of the Russian Federation, a permanent member of
the United Nations Security Council which established the International
Criminal Tribunal for the Former Yugoslavia, has an obligation to arrest
General Ojdanic and extradite him to The Hague;
(5) on May 16, 2000, Russian Minister of Economics Andrei
Shapovalyants announced that his government has provided the Serbian regime
of Slobodan Milosevic $102,000,000 of a $150,000,000 loan it had reactivated
and will sell the Government of Serbia $32,000,000 of oil despite the fact
that the international community has imposed economic sanctions against the
Government of the Federal Republic of Yugoslavia and the Government of
Serbia;
(6) the Government of the Russian Federation is providing the
Milosevic regime such assistance while it is seeking debt relief from the
international community and loans from the International Monetary Fund, and
while it is receiving corn and grain as food aid from the United
States;
(7) the hospitality provided to General Ojdanic demonstrates that
the Government of the Russian Federation rejects the indictments brought by
the International Criminal Tribunal for the Former Yugoslavia against him
and other officials, including Slobodan Milosevic, for alleged atrocities
committed during the Kosova war; and
(8) the relationship between the Government of the Russian
Federation and the Governments of the Federal Republic of Yugoslavia and
Serbia only encourages the regime of Slobodan Milosevic to foment
instability in the Balkans and thereby jeopardizes the safety and security
of American military and civilian personnel and raises questions about
Russia's commitment to its responsibilities as a member of the North
American Treaty Organization-led peacekeeping mission in Kosova.
(1) Fifteen days after the date of enactment of this Act, the
President shall submit a report to Congress detailing all loans, financial
assistance, and energy sales the Government of the Russian Federation or
entities acting on its behalf has provided since June 1999, and intends to
provide to the Government of Serbia or the Government of the Federal
Republic of Yugoslavia or any entities under the control of the Governments
of Serbia or the Federal Republic of Yugoslavia.
(2) If that report determines that the Government of the Russian
Federation or other entities acting on its behalf has provided or intends to
provide the governments of Serbia or the Federal Republic of Yugoslavia or
any entity under their control any loans or economic assistance and oil
sales, then the following shall apply:
(A) The Secretary of State shall reduce assistance obligated to
the Russian Federation by an amount equal in value to the loans, financial
assistance, and energy sales the Government of the Russian Federation has
provided and intends to provide to the Governments of Serbia and the
Federal Republic of Yugoslavia.
(B)(i) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions to
oppose, and vote against, any extension by those institutions of any
financial assistance (including any technical assistance or grant) of any
kind to the Government of the Russian Federation except for loans and
assistance that serve basic human needs.
(ii) In this subparagraph, 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) The United States shall suspend existing programs to the
Russia Federation provided by the Export-Import Bank and the Overseas
Private Investment Corporation and any consideration of any new loans,
guarantees, and other forms of assistance by the Export-Import Bank or the
Overseas Private Investment Corporation to Russia.
(D) The President may waive the actions described in subparagraphs
(2)(A), (2)(B), and (2)(C) if he determines and reports to Congress that
it is in the national interest of the United States of
America.
(3) It is the sense of the Senate that the President of the United
States should instruct his representatives to negotiations on Russia's
international debt to oppose further forgiveness, restructuring, and
rescheduling of that debt, including that being considered under the
`Comprehensive' Paris Club negotiations.
REHABILITATION OF THE TRANSPORTATION INFRASTRUCTURE OF BULGARIA AND
ROMANIA
Sec. 599E. Of the funds appropriated under the heading `Support for
East European Democracy', rehabilitation and remediation of damage done to the
Romanian and Bulgarian economies as a result of the Kosova conflict should be
given priority especially to those projects that are associated with the
Stability Pact for South Eastern Europe, done at Cologne June 10, 1999
(commonly known as the `Balkan Stability Pact'), particularly those projects
that encourage bilateral cooperation between Romania and Bulgaria, and that
seek to offset the difficulties associated with the closure of the Danube
River.
UNITED STATES-CUBAN MUTUAL ASSISTANCE IN THE INTERDICTION OF ILLICIT
DRUGS
Sec. 599F. Of the amount appropriated under the heading `Department of
State, International Narcotics Control and Law Enforcement', up to $1,000,000
shall be available to the Secretary of Defense, on behalf of the United States
Coast Guard, the United States Customs Service, and other bodies, to work with
the appropriate authorities of the Cuban Government to provide for greater
cooperation, coordination, and other mutual assistance in the interdiction of
illicit drugs being transported over Cuban airspace and waters: Provided,
That such assistance may only be provided after the President determines
and certifies to Congress that--
(1) Cuba has appropriate procedures in place to protect against
innocent loss of life in the air and on the ground in connection with
interdiction of illegal drugs; and
(2) that there is no evidence of the involvement of the Government
of Cuba in drug trafficking.
EMERGENCY FUNDING TO ASSIST COMMUNITIES AFFECTED BY HURRICANE FLOYD,
HURRICANE DENNIS, OR HURRICANE IRENE
SEC. 599G. (a) ECONOMIC DEVELOPMENT ASSISTANCE-
(1) IN GENERAL- There is appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2000, for an additional
amount for `Economic Development Assistance Programs', $125,000,000, to
remain available until expended, for planning assistance, public works
grants, and revolving loan funds to assist communities affected by Hurricane
Floyd, Hurricane Dennis, or Hurricane Irene.
(2) EMERGENCY DESIGNATION- The $125,000,000--
(A) shall be available only to the extent that the President
submits to Congress an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.);
and
(B) is designated by Congress as an emergency requirement under
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) COMMUNITY FACILITIES GRANTS-
(1) IN GENERAL- There is appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2000, for an additional
amount for the rural community advancement program under subtitle E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.),
$125,000,000, to remain available until expended, to provide grants under
the community facilities grant program under section 306(a)(19) of that Act
(7 U.S.C. 1926(a)(19)) with respect to areas subject to a declaration of a
major disaster under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Floyd,
Hurricane Dennis, or Hurricane Irene.
(2) EMERGENCY DESIGNATION- The $125,000,000 is designated by
Congress as an emergency requirement under section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
SENSE OF THE CONGRESS REGARDING ADDITIONAL ASSISTANCE FOR MOZAMBIQUE AND
SOUTHERN AFRICA
Sec. 599H. (a) FINDINGS- The Congress finds that:
(1) In February and March of 2000, cyclones Gloria, Eline, and Hudah
caused extensive flooding in Southern Africa, severely affecting the
Republic of Mozambique.
(2) The floods claimed at least 640 lives and left nearly 500,000
people displaced or trapped in flood-isolated areas.
(3) The floods contaminated water supplies, destroyed hundreds of
miles of roads, and washed away homes, schools, and health
clinics.
(4) This heavy flooding and the displacement it caused created
conditions in which infectious disease has flourished.
(5) The Southern African floods of 2000 washed previously identified
and marked landmines to new, unmarked locations.
(6) Prior to the flooding, Mozambique had been making progress
toward climbing out of poverty, enjoying economic growth rates of 10 percent
per year.
(7) The World Bank estimates that the costs of reconstruction in
Mozambique alone will be $430,000,000, with an additional $215,000,000 in
economic costs.
(b) SENSE OF THE CONGRESS- It is the sense of Congress that an
additional $168,000,000 should be made available for disaster assistance in
Mozambique and Southern Africa.
SENSE OF SENATE ON DEBT RELIEF FOR WORLD'S POOREST COUNTRIES
Sec. 599I. It is the sense of the Senate that--
(1) the relevant committees of the Senate should report to the full
Senate legislation authorizing comprehensive debt relief aimed at assisting
citizens of the poor countries under the enhanced Heavily Indebted Poor
Countries Initiative;
(2) these authorizations of bilateral and multilateral debt relief
should be designed to strengthen and expand the private sector, encourage
increased trade and investment, support the development of free markets, and
promote broad-scale economic growth in beneficiary countries;
(3) these authorizations should also support the adoption of
policies to alleviate poverty and to ensure that benefits are shared widely
among the population, such as through initiatives to advance education,
improve health, combat AIDS, and promote clean water and environmental
protection;
(4) these authorizations should promote debt relief agreements that
are designed and implemented in a transparent manner so as to ensure
productive allocation of future resources and prevention of
waste;
(5) these authorizations should promote debt relief agreements that
have the broad participation of the citizenry of the debtor country and
should ensure that country's circumstances are adequately taken into
account;
(6) these authorizations should ensure that no country should
receive the benefits of debt relief if that country does not cooperate with
the United States on terrorism or narcotics enforcement, is a gross violator
of the human rights of its citizens, or is engaged in military or civil
conflict that undermines poverty alleviation efforts or spends excessively
on its military; and
(7) if the conditions set forth in paragraphs (1) through (6) are
met in the authorization legislation approved by Congress, Congress should
fully fund bilateral and multilateral debt relief.
RUSSIAN MISSILE SALES TO CHINA
SEC. 599J. It is the sense of the Senate that the Secretary of the
Treasury should direct the executive directors to all international financial
institutions to use the voice and vote of the United States to oppose loans,
credits, or guarantees to the Russian Federation, except for basic human
needs, if the Russian Federation delivers any additional SS-N-22 missiles or
components to the People's Republic of China.
INTERNATIONAL HEALTH EMERGENCIES
Sec. 599K. In addition to amounts otherwise appropriated in this Act,
$40,000,000 shall be available for necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health and related activities: Provided, That of the
funds appropriated under this section, not less than $30,000,000 shall be made
available for programs to combat HIV/AIDS: Provided further, That of
the funds appropriated under this section, not less than $10,000,000 shall be
made available for the prevention, treatment, and control of tuberculosis:
Provided further, That amounts made available under this section are
hereby designated by the Congress to be emergency requirements pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That such amounts shall be made available
only after submission to the Congress of a formal budget request by the
President that includes designation of the entire amount of the request as an
emergency requirement as defined in such Act.
TITLE VI--PLAN COLOMBIA
The following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September 30, 2000, and
for other purposes, namely:
CHAPTER 1
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support Central and South America and Caribbean
counternarcotics activities, $934,100,000, to remain available until expended:
Provided, That of the funds appropriated under this heading, not less
than $120,000,000 shall be made available for assistance for Bolivia, of which
not less than $100,000,000 shall be made available for alternative development
and other economic activities: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000 shall be made
available for assistance for Ecuador, of which not less than $12,000,000 shall
be made available for alternative development and other economic activities:
Provided further, That of the funds appropriated under this heading,
up to $42,000,000 shall be made available for assistance for Peru:
Provided further, That of the funds appropriated under this heading,
not less than $18,000,000 shall be made available for assistance for other
countries in South and Central America and the Caribbean which are cooperating
with United States counternarcotics objectives: Provided further,
That of the funds appropriated under this heading not less than
$110,000,000 shall be made available for the procurement, refurbishing, and
support for UH-1H Huey II helicopters: Provided further, That of the
amount appropriated under this heading, $5,000,000 shall be available to the
Secretary of State for transfer to the Department of Labor for the
administration of the demobilization and rehabilitation of child soldiers in
Colombia, of which amount $2,500,000 shall be transferred not later than 30
days after the date of enactment of this Act, and the remaining $2,500,000
shall be transferred not later than October 30, 2000: Provided further,
That funds made available under this heading shall be in addition to
amounts otherwise available for such purposes: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That the Secretary
of State, in consultation with the Secretary of Defense and the Administrator
of the U.S. Agency for International Development, shall provide to the
Committees on Appropriations not later than 30 days after the date of
enactment of this Act and prior to the initial obligation of any funds
appropriated under this heading, a report on the proposed uses of all funds
under this heading on a country-by-country basis for each proposed program,
project or activity: Provided further, That funds appropriated under
this heading shall be subject to notification: 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.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 6101. CONDITIONS ON ASSISTANCE FOR COLOMBIA. (a) CONDITIONS-
(1) CERTIFICATION REQUIRED- Assistance provided under this heading
may be made available for Colombia in fiscal years 2000 and 2001 only if the
Secretary of State certifies to the appropriate congressional committees
prior to the initial obligation of such assistance in each such fiscal year,
that--
(A)(i) the President of Colombia has directed in writing that
Colombian Armed Forces personnel who are credibly alleged to have
committed gross violations of human rights will be brought to justice in
Colombia's civilian courts, in accordance with the 1997 ruling of
Colombia's Constitutional court regarding civilian court jurisdiction in
human rights cases; and
(ii) the Commander General of the Colombian Armed Forces is
promptly suspending from duty any Colombian Armed Forces personnel who are
credibly alleged to have committed gross violations of human rights or to
have aided or abetted paramilitary groups; and
(iii) the Colombian Armed Forces and its Commander General are
fully complying with (A)(i) and (ii); and
(B) the Colombian Armed Forces are cooperating fully with civilian
authorities in investigating, prosecuting, and punishing in the civilian
courts Colombian Armed Forces personnel who are credibly alleged to have
committed gross violations of human rights; and
(C) the Government of Colombia is vigorously prosecuting in the
civilian courts the leaders and members of paramilitary groups and
Colombian Armed Forces personnel who are aiding or abetting these
groups.
(2) CONSULTATIVE PROCESS- The Secretary of State shall consult with
internationally recognized human rights organizations regarding the
Government of Colombia's progress in meeting the conditions contained in
paragraph (1), prior to issuing the certification required under paragraph
(1).
(3) APPLICATION OF EXISTING LAWS- The same restrictions contained in
section 564 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (Public Law 106-113) and section 8098 of
the Department of Defense Appropriations Act, 2000 (Public Law 106-79) shall
apply to the availability of funds under this heading.
(b) REPORT- Beginning 60 days after the date of enactment of this Act,
and every 180 days thereafter for the duration of the provision of resources
administered under this Act, the Secretary of State shall submit a report to
the appropriate congressional committees containing the following:
(1) A description of the extent to which the Colombian Armed Forces
have suspended from duty Colombian Armed Forces personnel who are credibly
alleged to have committed gross violations of human rights, and the extent
to which such personnel have been brought to justice in Colombia's civilian
courts, including a description of the charges brought and the disposition
of such cases.
(2) An assessment of efforts made by the Colombian Armed Forces,
National Police, and Attorney General to disband paramilitary groups,
including the names of Colombian Armed Forces personnel brought to justice
for aiding or abetting paramilitary groups and the names of paramilitary
leaders and members who were indicted, arrested and prosecuted.
(3) A description of the extent to which the Colombian Armed Forces
cooperate with civilian authorities in investigating and prosecuting gross
violations of human rights allegedly committed by its personnel, including
the number of such personnel being investigated for gross violations of
human rights who are suspended from duty.
(4) A description of the extent to which attacks against human
rights defenders, government prosecutors and investigators, and officials of
the civilian judicial system in Colombia, are being investigated and the
alleged perpetrators brought to justice.
(5) An estimate of the number of Colombian civilians displaced as a
result of the `push into southern Colombia', and actions taken to address
the social and economic needs of these people.
(6) A description of actions taken by the United States and the
Government of Colombia to promote and support a negotiated settlement of the
conflict in Colombia
(c) DEFINITIONS- In this section:
(1) AIDING OR ABETTING- The term `aiding or abetting' means direct
and indirect support to paramilitary groups, including conspiracy to allow,
facilitate, or promote the activities of paramilitary groups.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means 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.
(3) PARAMILITARY GROUPS- The term `paramilitary groups' means
illegal self-defense groups and security cooperatives.
(4) ASSISTANCE- The term `assistance' means assistance appropriated
under this heading for fiscal years 2000 and 2001, and provided under the
following provisions of law:
(A) Section 1004 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; relating to counter-drug
assistance).
(B) Section 1033 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; relating to counter-drug assistance
to Colombia and Peru).
(C) Section 23 of the Arms Export Control Act (Public Law 90-629);
relating to credit sales.
(D) Section 481 of the Foreign Assistance Act of 1961 (Public Law
87-195; relating to international narcotics control).
(E) Section 506 of the Foreign Assistance Act of 1961 (Public Law
87-195; relating to emergency drawdown authority).
SEC. 6102. REGIONAL STRATEGY. (a) REPORT REQUIRED- Not later than 60
days after the date of enactment of this Act, the President shall submit to
the Committee on Foreign Relations and the Committee on Appropriations of the
Senate, the Committee on International Relations and the Committee on
Appropriations of the House of Representatives, a report on the current United
States policy and strategy regarding United States counternarcotics assistance
for Colombia and neighboring countries.
(b) REPORT ELEMENTS- The report required by subsection (a) shall
address the following:
(1) The key objectives of the United States' counternarcotics
strategy in Colombia and neighboring countries and a detailed description of
benchmarks by which to measure progress toward those objectives.
(2) The actions required of the United States to support and achieve
these objectives, and a schedule and cost estimates for implementing such
actions.
(3) The role of the United States in the efforts of the Government
of Colombia to deal with illegal drug production in Colombia.
(4) The role of the United States in the efforts of the Government
of Colombia to deal with the insurgency and paramilitary forces in
Colombia.
(5) How the strategy with respect to Colombia relates to and affects
the United States' strategy in the neighboring countries.
(6) How the strategy with respect to Colombia relates to and affects
the United States' strategy for fulfilling global counternarcotics
goals.
(7) A strategy and schedule for providing material, technical, and
logistical support to Colombia and neighboring countries in order to defend
the rule of law and to more effectively impede the cultivation, production,
transit, and sale of illicit narcotics.
(8) A schedule for making Forward Operating Locations (FOL) fully
operational, including cost estimates and a description of the potential
capabilities for each proposed location and an explanation of how the FOL
architecture fits into the overall the Strategy.
SEC. 6103. SENSE OF THE CONGRESS ON COUNTER NARCOTICS MEASURES. It is
the sense of Congress that--
(1) the Government of Colombia should commit itself immediately to
the urgent development and application of naturally occurring and
ecologically sound methods for eradicating illicit crops, which could reduce
significantly the loss of life in Colombia and the United States;
(2) the effectiveness of United States counter narcotics assistance
to Colombia depends on the ability of law enforcement officials of that
country having unimpeded access to all areas of the national territory of
Colombia for the purposes of carrying out the interdiction of illegal
narcotics and the eradication of illicit crops; and
(3) the governments of countries receiving support under this title
should take effective steps to prevent the creation of a safe haven for
narcotics traffickers by ensuring that narcotics traffickers indicted in the
United States are promptly arrested, prosecuted, and sentenced to the
maximum extent of the law and, upon the request of the United States
Government, extradited to the United States for trial for their egregious
offenses against the security and well-being of the people of the United
States.
SEC. 6104. REPORT ON EXTRADITION OF NARCOTICS TRAFFICKERS. (a) Not
later than six months after the date of the enactment of this title, and every
six months thereafter, during the period Plan Colombia resources are made
available, the Secretary of State shall submit to the Committee on Foreign
Relations, the Committee on the Judiciary and the Committee on Appropriations
of the Senate and the Committee on International Relations, the Committee on
the Judiciary, and the Committee on Appropriations of the House of
Representatives a report setting forth--
(1) a list of the persons whose extradition has been requested from
any country receiving counter narcotics assistance from the United States,
indicating those persons who--
(A) have been surrendered to the custody of United States
authorities;
(B) have been detained by the authorities and who are being
processed for extradition;
(C) have been detained by the authorities and who are not yet
being processed for extradition; or
(2) a determination whether authorities of each country receiving
counternarcotics assistance from the United States are making good faith
efforts to ensure the prompt extradition of each of the persons sought by
United States authorities; and
(A) any legal obstacles in the laws of each country receiving
counternarcotics assistance from the United States regarding prompt
extradition of persons sought by United States authorities;
and
(B) the steps taken by authorities of the United States and the
authorities of each country receiving counternarcotics assistance from the
United States to overcome such obstacles.
SEC. 6105. HERBICIDE SAFETY. None of the funds appropriated under this
title may be used to support the use of any herbicide, unless the Director of
the National Center for Environmental Health at the Centers for Disease
Control and Prevention determines and reports to the appropriate congressional
committees that such herbicide is safe and nontoxic to human health, and the
Administrator of the Environmental Protection Agency determines and reports to
the appropriate congressional committees that such herbicide does not
contaminate ground or surface water.
SEC. 6106. LIMITATIONS ON SUPPORT FOR PLAN COLOMBIA AND ON THE
ASSIGNMENT OF UNITED STATES PERSONNEL IN COLOMBIA. (a) LIMITATION ON SUPPORT
FOR PLAN COLOMBIA-
(1) LIMITATION- Except as provided in paragraph (2), none of the
funds appropriated or otherwise made available by any Act shall be available
for support of Plan Colombia unless and until--
(A) the President submits a report to Congress requesting the
availability of such funds; and
(B) Congress enacts a joint resolution approving the request of
the President under subparagraph (A).
(2) EXCEPTIONS- The limitation in paragraph (1) does not apply
to--
(A) appropriations made by this Act, the Military Construction
Appropriations Act, 2001, or the Department of Defense Appropriations Act,
2001, for the purpose of support of Plan Colombia; or
(B) the unobligated balances from any other program used for their
originally appropriated purpose to combat drug production and trafficking,
foster peace, increase the rule of law, improve human rights, expand
economic development, and institute justice reform in the countries
covered by Plan Colombia.
(b) LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL IN COLOMBIA-
(1) LIMITATION- Except as provided in paragraph (2), none of the
funds appropriated or otherwise made available by this or any other Act
(including unobligated balances of prior appropriations) may be available
for--
(A) the assignment of any United States military personnel for
temporary or permanent duty in Colombia in connection with support of Plan
Colombia if that assignment would cause the number of United States
military personnel so assigned in Colombia to exceed 500; or
(B) the employment of any United States individual civilian
retained as a contractor in Colombia if that employment would cause the
total number of United States individual civilian contractors employed in
Colombia in support of Plan Colombia who are funded by Federal funds to
exceed 300.
(2) EXCEPTION- The limitation contained in paragraph (1) shall not
apply if--
(A) the President submits a report to Congress requesting that the
limitation not apply; and
(B) Congress enacts a joint resolution approving the request of
the President under subparagraph (A).
(c) WAIVER- The President may waive the limitation in subsection
(b)(1) for a single period of up to 90 days in the event that the Armed Forces
of the United States are involved in hostilities or that imminent involvement
by the Armed Forces of the United States in hostilities is clearly indicated
by the circumstances.
(d) STATUTORY CONSTRUCTION- Nothing in this section may be construed
to affect the authority of the President to carry out any emergency evacuation
of United States citizens or any search or rescue operation for United States
military personnel or other United States citizens.
(e) REPORT ON SUPPORT FOR PLAN COLOMBIA- Not later than June 1, 2001,
and not later than June 1 and December 1 of each of the succeeding four fiscal
years, the President shall submit a report to Congress setting forth any costs
(including incremental costs incurred by the Department of Defense) incurred
by any department, agency, or other entity of the Executive branch of
Government during the two previous fiscal quarters in support of Plan
Colombia. Each such report shall provide an itemization of expenditures by
each such department, agency, or entity.
(f) BIMONTHLY REPORTS- Beginning within 90 days of the date of
enactment of this joint resolution, and every 60 days thereafter, the
President shall submit a report to Congress that shall include the aggregate
number, locations, activities, and lengths of assignment for all temporary and
permanent United States military personnel and United States individual
civilians retained as contractors involved in the antinarcotics campaign in
Colombia.
(g) CONGRESSIONAL PRIORITY PROCEDURES-
(1) JOINT RESOLUTIONS DEFINED-
(A) For purposes of subsection (a)(1)(B), the term `joint
resolution' means only a joint resolution introduced not later than 10
days of the date on which the report of the President under subsection
(a)(1)(A) is received by Congress, the matter after the resolving clause
of which is as follows: `That Congress approves the request of the
President for additional funds for Plan Colombia contained in the report
submitted by the President under section 6106(a)(1) of the 2000 Emergency
Supplemental Appropriations Act.'.
(B) For purposes of subsection (b)(2)(B), the term `joint
resolution' means only a joint resolution introduced not later than 10
days of the date on which the report of the President under subsection
(a)(1)(A) is received by Congress, the matter after the resolving clause
of which is as follows: `That Congress approves the request of the
President for exemption from the limitation applicable to the assignment
of personnel in Colombia contained in the report submitted by the
President under section 6106(b)(2)(B) of the 2000 Emergency Supplemental
Appropriations Act.'.
(2) PROCEDURES- Except as provided in subparagraph (B), a joint
resolution described in paragraph (1)(A) or (1)(B) shall be considered in a
House of Congress in accordance with the procedures applicable to joint
resolutions under paragraphs (3) through (8) of section 8066(c) of the
Department of Defense Appropriations Act, 1985 (as contained in Public Law
98-473; 98 Stat. 1936).
(h) PLAN COLOMBIA DEFINED- In this section, the term `Plan Colombia'
means the plan of the Government of Colombia instituted by the administration
of President Pastrana to combat drug production and trafficking, foster peace,
increase the rule of law, improve human rights, expand economic development,
and institute justice reform.
(i) NATIONAL SECURITY EXEMPTION- The limitation contained in
subsection (b)(1) shall not apply with respect to any activity subject to
reporting under title V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.).
SEC. 6107. DECLARATION OF SUPPORT. (a) CERTIFICATION REQUIRED-
Assistance may be made available for Colombia in fiscal years 2000 and 2001
only if the Secretary of State certifies to the appropriate congressional
committees, before the initial obligation of such assistance in each such
fiscal year, that the United States Government publicly supports the military
and political efforts of the Government of Colombia, consistent with human
rights conditions in section 6101, necessary to effectively resolve the
conflicts with the guerrillas and paramilitaries that threaten the territorial
integrity, economic prosperity, and rule of law in Colombia.
(b) DEFINITIONS- In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate
committees of Congress' means the following:
(A) The Committees on Appropriations and Foreign Relations of the
Senate.
(B) The Committees on Appropriations and International Relations
of the House of Representatives.
(2) ASSISTANCE- The term `assistance' means assistance appropriated
under this heading for fiscal years 2000 and 2001, and provided under the
following provisions of law:
(A) Section 1004 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; relating to counter-drug
assistance).
(B) Section 1033 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; relating to counter-drug assistance
to Colombia and Peru).
(C) Section 23 of the Arms Export Control Act (Public Law 90-629;
relating to credit sales).
(D) Section 481 of the Foreign Assistance Act of 1961 (Public Law
87-195; relating to international narcotics control).
(E) Section 506 of the Foreign Assistance Act of 1961 (Public Law
87-195; relating to emergency drawdown authority).
SEC. 6108. SENSE OF THE SENATE ON UNITED STATES CITIZENS HELD HOSTAGE
IN COLOMBIA. (a) The Senate finds that--
(1) illegal paramilitary groups in Colombia pose a serious obstacle
to United States and Colombian counter-narcotics efforts;
(2) abduction of innocent civilians is often used by such groups to
gain influence and recognition;
(3) three United States citizens, David Mankins, Mark Rich, and Rick
Tenenoff, who were engaged in humanitarian and religious work were abducted
by one such group and have been held hostage in Colombia since January 31,
1993;
(4) these 3 men have the distinction of being the longest-held
American hostages;
(5) their kidnapers are believed to be members of the Fuerzas
Armadas Revolucionarias de Colombia (FARC) narco-guerrilla organization in
Colombia;
(6) the families of these American citizens have not had any word
about their safety or welfare for 7 years; and
(7) such acts against humanitarian workers are acts of cowardice and
are against basic human dignity and are perpetrated by criminals and thus
not deserving any form of recognition.
(1) in the strongest possible terms condemns the kidnaping of these
men;
(2) appeals to all freedom loving nations to condemn these
actions;
(3) urges members of the European Community to assist in the safe
return of these men by including in any dialogue with FARC the objective of
the release of all American hostages;
(4) appeals to the United Nations Commission on Human Rights to
condemn the kidnaping and to pressure the FARC into resolving this
situation; and
(5) calls upon the President to raise the kidnaping of these
Americans to all relevant foreign governments and to express his desire to
see this tragic situation resolved.
SEC. 6109. SUPPORT FOR THE DEFENSE CLASSIFIED ACTIVITIES. In addition
to amounts provided elsewhere in this Act, $8,500,000 is hereby appropriated
to the Department of Defense under the heading, `Military Construction,
Defense-Wide' for classified activities related to, and for the conduct of a
utility and feasibility study referenced under the heading of `Management of
MASINT' in Senate Report 106-279 to accompany S. 2507, to remain available
until expended: 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 for $8,500,000, 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.
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Agency for International Development
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for `International Disaster Assistance',
$35,000,000 for Mozambique and Southern Africa, to remain available until
expended: 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.
International Assistance Programs
INTERNATIONAL SECURITY ASSISTANCE
FOREIGN MILITARY FINANCING PROGRAM
The value of articles and services authorized for Southern Africa as
of March 2, 2000, to be drawn down by the President under the authority of
section 506(a)(2) of the Foreign Assistance Act of 1961, as amended, shall not
be counted against the ceiling limitation of that section.
Under the authority of section 506(d) of the Foreign Assistance Act of
1961, as amended, up to $37,600,000 is appropriated to the Department of
Defense as reimbursement for drawdowns for southern Africa pursuant to section
506(a)(2) of such Act authorized as of March 2, 2000: 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.
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses,' $17,850,000 to
be made available until expended.
Methamphetamine Production and Trafficking
For initiatives to combat methamphetamine production and trafficking,
$40,000,000 to be made available until expended: 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.
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading for the State
Criminal Alien Assistance Program, $7,850,000 are rescinded.
This Act may be cited as the `Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2001'.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 4811
AMENDMENT
END