HR 5526 IH
106th CONGRESS
2d Session
H. R. 5526
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
October 24, 2000
Mr. CALLAHAN introduced the following bill; which was referred to the
Committee on Appropriations
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2001, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized to make such
expenditures within the limits of funds and borrowing authority available to
such corporation, and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by section
104 of the Government Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current fiscal
year may be used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any country other than a
nuclear-weapon state as defined in Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons eligible to receive economic or military
assistance under this Act that has detonated a nuclear explosive after the
date of the enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and tied-aid
grants as authorized by section 10 of the Export-Import Bank Act of 1945, as
amended, $865,000,000 to remain available until September 30, 2004:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall remain available until
September 30, 2019 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2001, 2002, 2003, and
2004: Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign operations, export
financing, or related programs for tied-aid credits or grants may be used for
any other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available notwithstanding section
2(b)(2) of the Export Import Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country, any Baltic State or any
agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 for
official reception and representation expenses for members of the Board of
Directors, $62,000,000: Provided, That necessary expenses (including
special services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other assets
acquired by the Export-Import Bank in satisfaction of moneys owed the
Export-Import Bank, or the investigation or appraisal of any property, or the
evaluation of the legal or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been made, shall
be considered nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in
effect until October 1, 2001.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such
expenditures and commitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed $38,000,000:
Provided further, That project-specific transaction costs, including
direct and indirect costs incurred in claims settlements, and other direct
costs associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall
not be considered administrative expenses for the purposes of this
heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be derived
by transfer from the Overseas Private Investment Corporation noncredit
account: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments incurred or made during
fiscal years 2001 and 2002: Provided further, That such sums shall
remain available through fiscal year 2010 for the disbursement of direct and
guaranteed loans obligated in fiscal years 2001 and 2002: Provided
further, That in addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,000,000, to remain available until
September 30, 2002.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other purposes, to
remain available until September 30, 2001, unless otherwise specified herein,
as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival, basic
education, assistance to combat tropical and other infectious diseases, and
related activities, in addition to funds otherwise available for such
purposes, $963,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and nutrition
programs, and related education programs, which address the needs of mothers
and children; (4) water and sanitation
programs; (5) assistance for displaced and orphaned children; (6)
programs for the prevention, treatment, and control of, and research on,
tuberculosis, HIV/AIDS, polio, malaria and other infectious diseases; and (7)
basic education programs for children: Provided further, That none of
the funds appropriated under this heading may be made available for nonproject
assistance, except that funds may be made available for such assistance for
basic education and ongoing health programs: Provided further, That of
the funds appropriated under this heading, not to exceed $125,000, in addition
to funds otherwise available for such purposes, may be used to monitor and
provide oversight of child survival, maternal health, and infectious disease
programs: Provided further, That the following amounts should be
allocated as follows: $295,000,000 for child survival and maternal health;
$30,000,000 for vulnerable children; $300,000,000 for HIV/AIDS; $125,000,000 for
other infectious diseases; $103,000,000 for children's basic education; and
$110,000,000 for UNICEF: Provided further, That of the funds
appropriated under this heading, up to $50,000,000 may be made available for a
United States contribution to the Global Fund for Children's Vaccines, up to
$10,000,000 may be made available for the International AIDS Vaccine Initiative,
and up to $20,000,000 may be made available for a United States contribution to
an international HIV/AIDS fund as authorized by subtitle B, title I of Public
Law 106-264, or a comparable international HIV/AIDS fund.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections 103
through 106, and chapter 10 of part I of the Foreign Assistance Act of 1961,
title V of the International Security and Development Cooperation Act of 1980
(Public Law 96-533) and the provisions of section 401 of the Foreign
Assistance Act of 1969, $1,305,000,000, to remain available until September
30, 2002: Provided, That of the amount appropriated under this
heading, up to $12,000,000 may be made available for and apportioned directly
to the Inter-American Foundation: Provided further, That of the
amount appropriated under this heading, up to $16,000,000 may be made
available for the African Development Foundation and shall be apportioned
directly to that agency: Provided further, That none of the funds
made available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or program which, as
determined by the President of the United States, supports or participates in
the management of a program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available under this
heading may be used to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to practice abortions; and
that in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to, a
broad range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number of births,
number of family planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning purposes); (2)
the project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a numerical target
or quota of total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the use
of the method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised of
potential risks and benefits; and, not less than 60 days after the date on
which the Administrator of the United States Agency for International
Development determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committee on International
Relations and the Committee on Appropriations of the House of Representatives
and to the Committee on Foreign Relations and the Committee on Appropriations
of the Senate, a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, the term
`motivate', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of information
or counseling about all pregnancy options: Provided further, That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act
of 1961: Provided further, That none of the funds appropriated under
this heading may be made available for any activity which is in contravention
to the Convention on International Trade in Endangered Species of Flora and
Fauna (CITES): Provided further, That of the funds appropriated under
this heading that are made available for assistance programs for displaced and
orphaned children and victims of war, not to exceed $25,000, in addition to
funds otherwise available for such purposes, may be used to monitor and
provide oversight of such programs: Provided further, That of the
aggregate amount of the funds appropriated by this Act to carry out part I of
the Foreign Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989, not less than $310,000,000 should be made available for
agriculture and rural development programs of which $30,000,000 should be made
available for plant biotechnology research and development: Provided
further, That not less than $2,300,000 should be made available for core
support for the International Fertilizer Development Center: Provided
further, That of the funds appropriated under this heading, not less than
$5,200,000 shall be made available to AmeriCares for the construction,
rehabilitation, and operation of community-based primary healthcare facilities
in Nicaragua, Honduras, Guatemala, and El Salvador: Provided further,
That of the funds appropriated under this heading, not less than $500,000
should be made available for support of the United States Telecommunications
Training Institute: Provided further, That of the funds appropriated
under this heading, not less than $17,000,000 should be made available for the
American Schools and Hospitals Abroad program: Provided further, That
of the funds appropriated under this heading, not less than $2,000,000 should
be available to support an international media training center.
CYPRUS
Of the funds appropriated under the headings `Development Assistance'
and `Economic Support Fund', not less than $15,000,000 shall be made available
for Cyprus to be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at reunification
of the island and designed to reduce tensions and promote peace and
cooperation between the two communities on Cyprus.
LEBANON
Of the funds appropriated under the headings `Development Assistance'
and `Economic Support Fund', not less than $35,000,000 shall be made available
for Lebanon to be used, among other programs, for scholarships and direct
support of the American educational institutions in Lebanon.
BURMA
Of the funds appropriated under the headings `Economic Support Fund'
and `Development Assistance', not less than $6,500,000 shall be made available
to support democracy activities in Burma, democracy and humanitarian
activities along the Burma-Thailand border, and for Burmese student groups and
other organizations located outside Burma: Provided, That funds made
available for Burma-related activities under this heading may be made
available notwithstanding any other provision of law: Provided
further, That the provision of such funds shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
CONSERVATION FUND
Of the funds made available under the headings `Development
Assistance' and `Economic Support Fund', not less than $4,000,000 should be
made available to support the preservation of habitats and related activities
for endangered wildlife.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated or otherwise made available by this Act
for development assistance may be made available to any United States private
and voluntary organization, except any cooperative development organization,
which obtains less than 20 percent of its total annual funding for
international activities from sources other than the United States Government:
Provided, That the Administrator of the Agency for International
Development, after informing the Committees on Appropriations, may, on a
case-by-case basis, waive the restriction contained in this paragraph, after
taking into account the effectiveness of the overseas development activities
of the organization, its level of volunteer support, its financial viability
and stability, and the degree of its dependence for its financial support on
the agency.
Funds appropriated or otherwise made available under title II of this
Act should be made available to private and voluntary organizations at a level
which is at least equivalent to the level provided in fiscal year
1995.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of the
Foreign Assistance Act of 1961, as amended, $165,000,000, to remain available
until expended.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign Assistance
Act of 1961, $50,000,000, to remain available until expended, to support
transition to democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes, revitalize
basic infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the United States Agency for International
Development shall submit a report to the Committees on Appropriations at least
5 days prior to beginning a new program of assistance.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM ACCOUNT
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961:
Provided, That such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That guarantees
of loans made under this heading in support of microenterprise activities may
guarantee up to 70 percent of the principal amount of any such loans
notwithstanding section 108 of the Foreign Assistance Act of 1961. In
addition, for administrative expenses to carry out programs under this
heading, $500,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That funds made available under this
heading shall remain available until September 30, 2002.
DEVELOPMENT CREDIT PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 635 of the Foreign Assistance Act of 1961:
Provided, That such funds shall be made available only for urban and
environmental programs: Provided further, That for the cost of direct
loans and loan guarantees, up to $5,000,000 of funds appropriated by this Act
under the heading `Development Assistance', may be transferred to and merged
with funds appropriated under this heading to be made available for the
purposes of part I of the Foreign Assistance Act of 1961: Provided
further, That such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That the
provisions of section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct loans
and loan guarantees provided under this heading. In addition, for
administrative expenses to carry out credit programs administered by the
Agency for International Development, $4,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That funds
appropriated under this heading shall remain available until September 30,
2002.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the `Foreign Service Retirement and Disability Fund',
as authorized by the Foreign Service Act of 1980, $44,489,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section 667,
$520,000,000: Provided, That none of the funds appropriated under
this heading may be made available to finance the construction (including
architect and engineering services), purchase, or long term lease of offices
for use by the Agency for International Development, unless the Administrator
has identified such proposed construction (including architect and engineering
services), purchase, or long term lease of offices in a report submitted to
the Committees on Appropriations at least 15 days prior to the obligation of
these funds for such purposes: Provided further, That the previous
proviso shall not apply where the total cost of construction (including
architect and engineering services), purchase, or long term lease of offices
does not exceed $1,000,000.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF
INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667,
$27,000,000, to remain available until September 30, 2002, which sum shall be
available for the Office of the Inspector General of the Agency for
International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,295,000,000, to remain available until September 30, 2002:
Provided, That of the funds appropriated under this heading, not less
than $840,000,000 shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act or by October 31, 2000, whichever is later:
Provided further, That not less than $695,000,000 shall be available
only for Egypt, which sum shall be provided on a grant basis, and of which sum
cash transfer assistance shall be provided with the understanding that Egypt
will undertake significant economic reforms which are additional to those
which were undertaken in previous fiscal years, and of which not less than
$200,000,000 shall be provided as Commodity Import Program assistance:
Provided further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that the level of
such assistance does not cause an adverse impact on the total level of
nonmilitary exports from the United States to such country and that Israel
enters into a side letter agreement in an amount proportional to the fiscal
year 1999 agreement: Provided further, That of the funds appropriated
under this heading, not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000 shall be made
available for assistance for East Timor of which up to $1,000,000 may be
transferred to and merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That of the
funds appropriated under this heading, in addition to funds otherwise made
available for Indonesia, not less than $5,000,000 should be made available for
economic rehabilitation and related activities in Aceh, Indonesia:
Provided further, That funds made available in the previous proviso
may be transferred to and merged with the appropriation for Transition
Initiatives: Provided further, That none of the funds appropriated
under this heading shall be obligated for regional or global programs, except
as provided through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading not less than $12,000,000 should be made available for
Mongolia: Provided further, That up to $10,000,000 of the funds
appropriated under this heading may be used, notwithstanding any other
provision of law, to provide assistance to the National Democratic Alliance of
Sudan to strengthen its ability to protect civilians from attacks, slave
raids, and aerial bombardment by the Sudanese Government forces and its
militia allies, and the provision of such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That in the previous proviso, the term `assistance'
includes non-lethal, non-food aid such as blankets, medicine, fuel, mobile
clinics, water drilling equipment, communications equipment to notify
civilians of aerial bombardment, non-military vehicles, tents, and
shoes.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall be
available for the United States contribution to the International Fund for
Ireland and shall be made available in accordance with the provisions of the
Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum rate
necessary to make timely payment for projects and activities: Provided
further, That funds made available under this heading shall remain
available until September 30, 2002.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support
for East European Democracy (SEED) Act of 1989, $600,000,000, to remain
available until September 30, 2002, which shall be available, notwithstanding
any other provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading not less than $5,000,000 shall be made available for
assistance for the Baltic States: Provided further, That funds made
available for assistance for Kosova from funds appropriated under this heading
and under the headings `Economic Support Fund' and `International Narcotics
Control and Law Enforcement' shall not exceed 15 percent of the total resources
pledged by all donors for calendar year 2001 for assistance for Kosova as of
March 31, 2001: Provided further, That of the funds made available
under this heading for Kosova, not less than $1,300,000 should be made available
to support the National Albanian American Council's training program for Kosovar
women: Provided further, That none of the funds made available under
this Act for assistance for Kosova shall be made available for large scale
physical infrastructure reconstruction: Provided further, That of the
funds made available under this heading and the headings `International
Narcotics Control and Law Enforcement' and `Economic Support Fund', not to
exceed $80,000,000 shall be made available for Bosnia and Herzegovina.
(b) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning such
interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise Funds shall
be expended at the minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act for the
use of economic assistance.
(d) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of existing
housing in Bosnia and Herzegovina unless directly related to the efforts of
United States troops to promote peace in said country.
(e) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and Herzegovina
as local currency and local currency returned or repaid under such program)
the Administrator of the Agency for International Development shall provide
written approval for grants and loans prior to the obligation and expenditure
of funds for such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee.
(f) The provisions of section 532 of this Act shall apply to funds
made available under subsection (e) and to funds appropriated under this
heading: Provided, That notwithstanding any provision of this or any
other Act, including provisions in this subsection regarding the application
of section 532 of this Act, local currencies generated by, or converted from,
funds appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989.
(g) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in Bosnia and
Herzegovina, if he determines and certifies to the Committees on
Appropriations that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework Agreement for Peace in
Bosnia and Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related activities
between Iranian officials and Bosnian officials has not been
terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
(a) For necessary expenses to carry out the provisions of chapters 11
and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the Independent States of the former Soviet Union and
for related programs, $810,000,000, to remain available until September 30,
2002: Provided, That the provisions of such chapters shall apply to
funds appropriated by this paragraph: Provided further, That of the
funds made available for the Southern Caucasus region, notwithstanding any
other provision of law, 15 percent may be used for confidence-building
measures and other activities in furtherance of the peaceful resolution of the
regional conflicts, especially those in the vicinity of Abkhazia and
Nagorno-Karabagh: Provided further, That of the amounts appropriated
under this heading not less
than $20,000,000 shall be made available solely for the Russian Far East:
Provided further, That of the funds appropriated under this heading,
not less than $1,500,000 should be available only to meet the health and other
assistance needs of victims of trafficking in persons.
(b) Of the funds appropriated under this heading, not less than
$170,000,000 should be made available for assistance for Ukraine:
Provided, That of this amount, not less than $25,000,000 should be
made available for nuclear reactor safety initiatives, and not less than
$5,000,000 should be made available for the Ukranian Land and Resource
Management Center.
(c) Of the funds appropriated under this heading, not less than
$92,000,000 shall be made available for assistance for Georgia of which not
less than $25,000,000 should be made available to support Border Security
Guard and export control initiatives.
(d) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under title V of
the FREEDOM Support Act and section 1424 of Public Law 104-201;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421);
(3) any activity carried out by a member of the United States and
Foreign Commercial Service while acting within his or her official
capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the Overseas Private Investment Corporation under title IV of
chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import Bank Act of 1945;
or
(6) humanitarian assistance.
(f) Not more than 25 percent of the funds appropriated under this
heading may be made available for assistance for any country in the region.
Activities authorized under title V (nonproliferation and disarmament programs
and activities) of the FREEDOM Support Act shall not be counted against the 25
percent limitation.
(g) Of the funds made available under this heading for nuclear safety
activities, not to exceed 8 percent of the funds provided for any single
project may be used to pay for management costs incurred by a United States
agency or national lab in administering said project.
(h)(1) Of the funds appropriated under this heading that are allocated
for assistance for the Government of the Russian Federation, 60 percent shall
be withheld from obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary to
develop a nuclear reactor, related nuclear research facilities or programs,
or ballistic missile capability;
(B) is cooperating with international efforts to investigate
allegations of war crimes and atrocities in Chechnya;
(C) is providing full access to international non-government
organizations providing humanitarian relief to refugees and internally
displaced persons in Chechnya; and
(D) is in compliance with article V of the Treaty on Conventional
Armed Forces in Europe regarding forces deployed in the flank zone in and
around Chechyna.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases; and
(B) activities authorized under title V (Nonproliferation and
Disarmament Programs and Activities) of the FREEDOM Support Act.
(i) Of the funds appropriated under this heading for assistance for
Russia, and the heading `Migration and Refugee Assistance', not less than
$10,000,000 shall be made available to non-government organizations providing
humanitarian relief in Chechyna and Ingushetia.
(j) Of the funds appropriated under this heading, not less than
$45,000,000 shall be made available, in addition to funds otherwise available
for such purposes, for assistance for child survival, environmental health,
and to combat infectious diseases, and for related activities.
Independent Agency
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace Corps
Act (75 Stat. 612), $265,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appropriated under
this heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain available until
September 30, 2002.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $325,000,000, to remain available until expended:
Provided, That any funds made available under this heading for
anti-crime programs and activities shall be made available subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2001, the Department of
State may also use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property from
an agency of the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to the
International Committee of the Red Cross, assistance to refugees, including
contributions to the International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities to meet refugee
and migration needs; salaries and expenses of personnel and dependents as
authorized by the Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $700,000,000, which shall remain available until
expended: Provided, That not more than $14,500,000 shall be available
for administrative expenses: Provided further, That funds
appropriated under this heading to support activities and programs conducted
by the United Nations High Commissioner for Refugees shall be made available
after reporting at least 5 days in advance to the Committees on
Appropriations: Provided further, That the reporting requirement
contained in the previous proviso may be waived for any such obligation if
failure to waive this requirement would pose a substantial risk to human
health or welfare: Provided further, That in case of any such waiver,
a report to the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 5 days after such obligation:
Provided further, That not less than $60,000,000 of the funds made
available under this heading shall be made available for refugees from the
former Soviet Union and Eastern Europe and other refugees resettling in
Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of
the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C.
260(c)), $15,000,000, to remain available until expended: Provided,
That the funds made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2) of the Act which
would limit the amount of funds which could be appropriated for this
purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $311,600,000, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, section 504 of the FREEDOM Support Act, section 23 of the Arms
Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the International Atomic Energy Agency (IAEA) and a
voluntary contribution to the Korean Peninsula Energy Development Organization
(KEDO), and for a United States contribution to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission: Provided, That the Secretary of
State shall inform the Committees on Appropriations at least 20 days prior to
the obligation of funds for the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That of this amount not to
exceed $15,000,000, to remain available until expended, may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such funds
may also be used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is in the national
security interest of the United States to do so: Provided further,
That such funds shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated under this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State determines (and so reports
to the Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That of the funds
appropriated under this heading, $40,000,000 should be made available for
demining, clearance of unexploded ordnance, and related activities:
Provided further, That of the funds made available for demining and
related activities, not to exceed $500,000, in addition to funds otherwise
available for such purposes, may be used for administrative expenses related
to the operation and management of the demining program.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961 (relating to international affairs
technical assistance activities), $6,000,000, to remain available until
expended, which shall be available nowithstanding any other provision of
law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President may
determine, for which funds have been appropriated or otherwise made available
for programs within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the United States
as a result of concessional loans made to eligible countries, pursuant to
parts IV and V of the Foreign Assistance Act of 1961, and of modifying
concessional credit agreements with least developed countries, as authorized
under section 411 of the Agricultural Trade Development and Assistance Act of
1954, as amended, and concessional loans, guarantees and credit agreements, as
authorized under section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made pursuant to
the Export-Import Bank Act of 1945, by countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $238,000,000, to remain available until
expended: Provided, That of this amount, not less than $13,000,000
shall be made available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That funds appropriated or
otherwise made available under this heading in this Act may be used by the
Secretary of the Treasury to pay to the Heavily Indebted Poor Countries (HIPC)
Trust Fund administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113: Provided further, That amounts paid
to the HIPC Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged in a
consistent pattern of gross violations of internationally recognized human
rights or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the basis
of final appropriations, the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided
further, That the Secretary of the Treasury shall inform the Committees
on Appropriations not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC Trust Fund of
amounts for such countries and institutions: Provided further, That
the Secretary of the Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to accept new
market-rate loans from the international financial institution receiving
debt repayment as a result of such disbursement, other than loans made by
such institution to export-oriented commercial projects that generate
foreign exchange which are generally referred to as `enclave' loans;
and
(b) have documented and demonstrated their commitment to redirect
their budgetary resources from international debt repayments to programs to
alleviate poverty and promote economic growth that are additional to or
expand upon those previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and Assistance Act of 1954
shall not apply to funds appropriated under this heading: Provided
further, That none of the funds made available under this heading in this
or any other appropriations Acts shall be made available for Sudan or Burma
unless the Secretary of Treasury determines and notifies the Committees on
Appropriations that a democratically elected government has taken office:
Provided further, That the authority provided by section 572 of
Public Law 100-461 may be exercised only with respect to countries that are
eligible to borrow from the International Development Association, but not
from the International Bank for Reconstruction and Development, commonly
referred to as `IDA-only' countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $55,000,000, of which up to $1,000,000 may
remain available until expended: Provided, That the civilian
personnel for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds appropriated under this heading for grant financed
military education and training for Indonesia and Guatemala may only be
available for expanded international military education and training and funds
made available for Indonesia and Guatemala may only be provided through the
regular notification procedures of the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to carry out
the provisions of section 23 of the Arms Export Control Act, $3,545,000,000:
Provided, That of the funds appropriated under this heading,
not
less than $1,980,000,000 shall be available for grants only for Israel,
and not less than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this paragraph
for Israel shall be disbursed within 30 days of the enactment of this Act or by
October 31, 2000, whichever is later: Provided further, That to the
extent that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as agreed by
Israel and the United States, be available for advanced weapons systems, of
which not less than $520,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, not less than $75,000,000 should be available for assistance for
Jordan: Provided further, That of the funds appropriated by this
paragraph, not less than $3,000,000 shall be made available for assistance for
Malta: Provided further, That of the funds appropriated by this
paragraph, not less than $8,500,000 shall be made available for assistance for
Tunisia: Provided further, That during fiscal year 2001, the President
is authorized to, and shall, direct the draw-downs of defense articles from the
stocks of the Department of Defense, defense services of the Department of
Defense, and military education and training of an aggregate value of not less
than $5,000,000 under the authority of this proviso for Tunisia for the purposes
of part II of the Foreign Assistance Act of 1961 and any amount so directed
shall count toward meeting the earmark in the preceding proviso: Provided
further, That of the funds appropriated by this paragraph, not less than
$8,000,000 shall be made available for Georgia: Provided further, That
during fiscal year 2001, the President is authorized to, and shall, direct the
draw-downs of defense articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military education and
training of an aggregate value of not less than $4,000,000 under the authority
of this proviso for Georgia for the purposes of part II of the Foreign
Assistance Act of 1961 and any amount so directed shall count toward meeting the
earmark in the preceding proviso: Provided further, That funds
appropriated by this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this paragraph shall be obligated
upon apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a).
None of the funds made available under this heading shall be available
to finance the procurement of defense articles, defense services, or design
and construction services that are not sold by the United States Government
under the Arms Export Control Act unless the foreign country proposing to make
such procurements has first signed an agreement with the United States
Government specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided further,
That none of the funds appropriated under this heading shall be available for
assistance for Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding any other provision
of law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through nongovernmental and
international organizations: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Guatemala: Provided further, That only those countries for which
assistance was justified for the `Foreign Military Sales Financing Program' in
the fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for procurement
of defense articles, defense services or design and construction services that
are not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$33,000,000 of the funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general costs
of administering military assistance and sales: Provided further,
That not more than $340,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
incurred by the Department of Defense during fiscal year 2001 pursuant to
section 43(b) of the Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures of the Committees
on Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year 2001 shall
be transferred to an interest bearing account for Egypt in the Federal Reserve
Bank of New York within 30 days of enactment of this Act or by October 31,
2000, whichever is later: Provided further, That the Committees on
Appropriations shall be informed at least 10 days prior to the obligation of
any interest accrued by the account established by the previous
proviso.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $127,000,000: Provided, That none
of the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $108,000,000, to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the Secretary
of the Treasury, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the
Secretary of the Treasury, $775,000,000, to remain available until expended:
Provided: That the Secretary of the Treasury shall: (1) accord high
priority to encouraging the International Development Association
to establish and implement a policy to provide new assistance on grant
terms to enhanced HIPC Initiative countries that have reached the completion
point; and (2) submit a report to the Speaker of the House of Representatives,
the President of the Senate, and the Committees on Appropriations no later than
June 30, 2001, on the progress reached in achieving the objective set forth in
clause (1): Provided further, That in negotiating United States
participation in the next replenishment of the International Development
Association, the Secretary of the Treasury shall accord high priority to
providing the International Development Association with the policy flexibility
to provide new grant assistance to countries eligible for debt reduction under
the enhanced HIPC Initiative.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $10,000,000, for the United States paid-in share of
the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount not to
exceed $50,000,000.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $25,000,000, for the United States share of the
increase in subscriptions to capital stock, to remain available until
expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral Investment
Fund by the Secretary of the Treasury, for the United States contribution to
the fund, $10,000,000, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to
the increase in resources of the Asian Development Fund, as authorized by the
Asian Development Bank Act, as amended, $72,000,000, to remain available until
expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary of the
Treasury, $6,100,000, for the United States paid-in share of the increase in
capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital portion of
the United States share of such capital stock in an amount not to exceed
$97,548,522.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to
the increase in resources of the African Development Fund, $100,000,000, to
remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and Development by
the Secretary of the Treasury, $35,778,717, for the United States share of the
paid-in portion of the increase in capital stock, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for Reconstruction and
Development may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock in an amount
not to exceed $123,237,803.
contribution to the international fund for agricultural
development
For the United States contribution by the Secretary of the Treasury to
increase the resources of the International Fund for Agricultural Development,
$5,000,000, to remain available until expended.
International Organizations and Programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United Nations
Environment Program Participation Act of 1973, $186,000,000:
Provided, That none of the funds appropriated under this heading
shall be made available for the United Nations Fund for Science and
Technology: Provided further, That not less than $5,000,000 should be
made available to the World Food Program: Provided further, That none
of the funds appropriated under this heading may be made available to the
Korean Peninsula Energy Development Organization (KEDO) or the International
Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled `International
Disaster Assistance', and `United States Emergency Refugee and Migration
Assistance Fund', not more than 15 percent of any appropriation item made
available by this Act shall be obligated during the last month of
availability.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS
SEC. 502. Notwithstanding section 614 of the Foreign Assistance Act of
1961, none of the funds contained in title II of this Act may be used to carry
out the provisions of section 209(d) of the Foreign Assistance Act of 1961:
Provided, That none of the funds appropriated by title II of this Act
may be transferred by the Agency for International Development directly to an
international financial institution (as defined in section 533 of this Act)
for the purpose of repaying a foreign country's loan obligations to such
institution.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant to this
Act, not to exceed $126,500 shall be for official residence expenses of the
Agency for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant to this
Act, not to exceed $5,000 shall be
for entertainment expenses of the Agency for International Development
during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant to this
Act, not to exceed $95,000 shall be available for representation allowances
for the Agency for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering military assistance
and sales under the heading `Foreign Military Financing Program', not to
exceed $2,000 shall be available for entertainment expenses and not to exceed
$50,000 shall be available for representation allowances: Provided
further, That of the funds made available by this Act under the heading
`International Military Education and Training', not to exceed $50,000 shall
be available for entertainment allowances: Provided further, That of
the funds made available by this Act for the Inter-American Foundation, not to
exceed $2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by
this Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading `Trade and Development
Agency', not to exceed $2,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available (other than
funds for `Nonproliferation, Anti-terrorism, Demining and Related Programs')
pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans, credits, insurance
and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance to any country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be resumed to
such country if the President determines and reports to the Committees on
Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, prior to the exercise of any authority contained in the Foreign
Assistance Act of 1961 to transfer funds, consults with and provides a written
policy justification to the Committees on Appropriations of the House of
Representatives and the Senate.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated, hereby
continued available during the current fiscal year for the same purpose under
any authority applicable to such appropriations under this Act:
Provided, That the authority of this subsection may not be used in
fiscal year 2001.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current fiscal
year unless expressly so provided in this Act: Provided, That funds
appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section
667, and chapter 4 of part II of the Foreign Assistance Act of 1961, as
amended, and funds provided under the heading `Assistance for Eastern Europe
and the Baltic States', shall remain available until expended if such funds
are initially obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made available for
the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy reform objectives,
shall remain available until expended: Provided further, That the
report required by section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time of submission of
such report, those funds allocated for cash disbursement for balance of
payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act shall be
used to furnish assistance to any country which is in default during a period
in excess of one calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized by the
Foreign Assistance Act of 1961 or the Arms Export Control Act.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds otherwise
made available pursuant to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for establishing or
expanding production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world markets at
the time the resulting productive capacity is expected to become operative and
if the assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment of
its Board of Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety improvement
or introduction, consultancy, publication, conference, or training in
connection with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a similar commodity
grown or produced in the United States: Provided, That this
subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact in the
export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. (a) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made available
under this Act for `Child Survival and Disease Programs Fund', `Development
Assistance', `International Organizations and Programs', `Trade and
Development Agency', `International Narcotics Control and Law Enforcement',
`Assistance for Eastern Europe and the Baltic States', `Assistance for the
Independent States of the Former Soviet Union', `Economic Support Fund',
`Peacekeeping Operations', `Operating Expenses of the Agency for International
Development', `Operating Expenses of the Agency for International Development
Office of Inspector General', `Nonproliferation, Anti-terrorism, Demining and
Related Programs', `Foreign Military Financing Program', `International
Military Education and Training', `Peace Corps', and `Migration and Refugee
Assistance', shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the Appropriations
Committees for obligation under any of these specific headings unless the
Appropriations Committees of both Houses of Congress are previously notified
15 days in advance: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment, other
than conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in advance of
such commitment: Provided further, That this section shall not apply
to any reprogramming for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than 10 percent of the
amount previously justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided further,
That the requirements of this section or any similar provision of this Act or
any other Act, including any prior Act requiring notification in accordance
with the regular notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk to human
health or welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional committees,
shall be provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification procedures
of the Committees on Appropriations.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not made available for
organizations and programs because of the implementation of section 307(a) of
the Foreign Assistance Act of 1961, shall remain available for obligation
until September 30, 2002.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading
`Assistance for the Independent States of the Former Soviet Union' shall be
made available for assistance for a government of an Independent State of the
former Soviet Union--
(1) unless that government is making progress in implementing
comprehensive economic reforms based on market principles, private
ownership, respect for commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United States assistance
to any entity for the purpose of expropriating or seizing ownership or
control of assets, investments, or ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading `Assistance for
the Independent States of the Former Soviet Union' shall be made available for
assistance for a government of an Independent State of the former Soviet Union
if that government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the Helsinki Final Act:
Provided, That such funds may be made available without regard to the
restriction in this subsection if the President determines that to do so is in
the national security interest of the United States.
(c) None of the funds appropriated under the heading `Assistance for
the Independent States of the Former Soviet Union' shall be made available for
any state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' for the Russian Federation,
Armenia, Georgia, and Ukraine shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural resources) of
the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that are
or have been made available for an Enterprise Fund in the Independent States
of the Former Soviet Union may be deposited by such Fund in interest-bearing
accounts prior to the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any interest earned on
such deposits without returning such interest to the Treasury of the United
States and without further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts under
the heading `Assistance for the Independent States of the Former Soviet Union'
and under comparable headings in prior appropriations Acts, for projects or
activities that have as one of their primary purposes the fostering of private
sector development, the Coordinator for United States Assistance to the New
Independent States and the implementing agency shall encourage the
participation of and give significant weight to contractors and grantees who
propose investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
SEC. 518. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be used to pay for the
performance of abortions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as a method of
family planning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be used to pay for
any biomedical research which relates in whole or in part, to methods of, or
the performance of, abortions or involuntary sterilization as a means of
family planning. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations:
Provided, That none of the funds made available under this Act may be
used to lobby for or against abortion.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other than for
administrative expenses made available for fiscal year 2001, for programs
under title I of this Act may be transferred between such appropriations for
use for any of the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the Committees on
Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Haiti, Liberia, Serbia, Sudan, Ethiopia,
Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of Congo except as
pro
vided through the regular notification procedures of the Committees on
Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, `program, project, and
activity' shall be defined at the appropriations Act account level and shall
include all appropriations and authorizations Acts earmarks, ceilings, and
limitations with the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program, `program, project, and
activity' shall also be considered to include country, regional, and central
program level funding within each such account; for the development assistance
accounts of the Agency for International Development `program, project, and
activity' shall also be considered to include central program level funding,
either as: (1) justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES
SEC. 522. Up to $16,000,000 of the funds made available by this Act
for assistance under the heading `Child Survival and Disease Programs Fund',
may be used to reimburse United States Government agencies, agencies of State
governments, institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for the personal
services of such individuals) detailed or assigned to, or contracted by, as
the case may be, the Agency for International Development for the purpose of
carrying out child survival, basic education, and infectious disease
activities: Provided, That up to $1,500,000 of the funds made
available by this Act for assistance under the heading `Development
Assistance' may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out other
development assistance activities: Provided further, That funds
appropriated by this Act that are made available for child survival activities
or disease programs including activities relating to research on, and the
prevention, treatment and control of, Acquired Immune Deficiency Syndrome may
be made available notwithstanding any provision of law that restricts
assistance to foreign countries: Provided further, That funds
appropriated under title II of this Act may be made available pursuant to
section 301 of the Foreign Assistance Act of 1961 if a primary purpose of the
assistance is for child survival and related programs.
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES
SEC. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated to finance indirectly any assistance
or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or the People's
Republic of China, unless the President of the United States certifies that
the withholding of these funds is contrary to the national interest of the
United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on Appropriations
in accordance with the regular notification procedures of such Committees:
Provided further, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 525. Funds appropriated by this Act, except funds appropriated
under the headings `International Military Education and Training' and
`Foreign Military Financing Program', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
DEMOCRACY IN CHINA
SEC. 526. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated by this Act for `Economic
Support Fund' may be made available to provide general support and grants for
nongovernmental organizations located outside the People's Republic of China
that have as their primary purpose fostering democracy in that country, and
for activities of nongovernmental organizations located outside the People's
Republic of China to foster rule of law and democracy in that country:
Provided, That none of the funds made available for activities to
foster democracy in the People's Republic of China may be made available for
assistance to the government of that country, except that funds appropriated
by this Act under the heading `Economic Support Fund' that are made available
for the National Endowment for Democracy or its grantees may be made available
for activities to foster democracy in that country notwithstanding this
proviso and any other provision of law: Provided further, That upon
enactment of this Act funds appropriated by this or any prior Acts making
appropriations for foreign operations, export financing, and related programs,
that are provided to the National Endowment for Democracy shall be provided
notwithstanding any other provision of law or regulation: Provided
further, That funds made available pursuant to the authority of this
section shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That notwithstanding
any other provision of law, of the funds appropriated by this Act to carry out
the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961,
not to exceed $2,000,000 may be made available to nongovernmental
organizations located outside the People's Republic of China to support
activities which preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan communities in that
country: Provided further, That the final proviso in section 526 of
the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 2000 (as enacted into law by section 1000(a)(2) of Public Law 106-113) is
amended by striking `Robert F. Kennedy Memorial Center for Human Rights' and
inserting `Jamestown Foundation'.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not be made
available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or group
which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or humanitarian
reasons justify such waiver. The President shall publish each waiver in the
Federal Register and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
REPORT ON IMPLEMENTATION OF SUPPLEMENTAL APPROPRIATIONS
SEC. 528. (a) Beginning not later than January 1, 2001, the Secretary
of State shall provide quarterly reports to the Committees on Appropriations
providing information on the use of funds appropriated in title VI of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
2000 (as enacted into law by section 1000(a)(2) of Public Law 106-113). Each
report shall include the following--
(1) the current and projected status of obligations and expenditures
by appropriations account, by country, and by program, project, and
activity;
(2) the contractors and subcontractors engaged in activities funded
from appropriations contained in title VI; and
(3) the procedures and processes under which decisions have been or
will be made on which programs, projects, and activities are funded through
appropriations contained in title VI.
(b) For each report required by this section, a classified annex may
be submitted if deemed necessary and appropriate.
(c) The last quarterly report required by this section shall be
provided to the Committees on Appropriations by January 1, 2002.
COMPETITIVE INSURANCE
SEC. 529. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a fair
opportunity to bid for insurance when such insurance is necessary or
appropriate.
PERU
SEC. 530. (a) DETERMINATION- Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter during fiscal year
2001, the Secretary of State shall determine and report to the Committees on
Appropriations whether the Government of Peru has made substantial progress in
creating the conditions for free and fair elections, and in respecting human
rights, the rule of law, the independence and constitutional role of the
judiciary and national congress, and freedom of expression and independent
media.
(b) PROHIBITION- If the Secretary determines and reports pursuant to
subsection (a) that the Government of Peru has not made substantial progress,
no funds appropriated by this Act may be made available for assistance for the
Central Government of Peru.
(c) Of the funds appropriated by this Act, not less than $2,000,000
should be made available to support the work of nongovernmental organizations
and the Organization of American States in promoting free and fair elections,
democratic institutions, and human rights in Peru.
DEBT-FOR-DEVELOPMENT
SEC. 531. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under the
Foreign Assistance Act of 1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which is a grantee
or contractor of the Agency for International Development may place in
interest bearing accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a result of economic
assistance provided under title II of this Act and any interest earned on such
investment shall be used for the purpose for which the assistance was provided
to that organization.
SEPARATE ACCOUNTS
SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES- (1) If
assistance is furnished to the government of a foreign country under chapters
1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local currencies of
that country, the Administrator of the Agency for International Development
shall--
(A) require that local currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the responsibilities
of the Agency for International Development and that government to monitor
and account for deposits into and disbursements from the separate
account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II
(as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) PROGRAMMING ACCOUNTABILITY- The Agency for International
Development shall take all necessary steps to ensure that the equivalent of
the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance
to a country under chapter 1 or 10 of part I or chapter 4 of part II (as the
case may be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of for such
purposes as may be agreed to by the government of that country and the United
States Government.
(5) REPORTING REQUIREMENT- The Administrator of the Agency for
International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on the
use of local currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar equivalent)
used and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS- (1) If assistance is made
available to the government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account and not commingle them
with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions which are
referenced in the Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-1159).
(3) NOTIFICATION- At least 15 days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will be
promoted by such assistance).
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from
the requirements of subsection (b)(1) only through the notification procedures
of the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
SEC. 533. (a) No funds appropriated by this Act may be made as payment
to any international financial institution while the United States Executive
Director to such institution is compensated by the institution at a rate
which, together with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States Director to such
institution is compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, `international financial
institutions' are: the International Bank for Reconstruction and Development,
the Inter-American Development Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the African Development Fund,
the International Monetary Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 534. None of the funds appropriated or otherwise made available
pursuant to this Act to carry out the Foreign Assistance Act of 1961
(including title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to provide
assistance to any country that is not in compliance with the United Nations
Security Council sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people in that
country; or
(3) the assistance to be provided will be humanitarian assistance
for foreign nationals who have fled Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT
FOUNDATION
SEC. 535. (a) Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export financing,
and related programs, shall not be construed to prohibit activities authorized
by or conducted under the Peace Corps Act, the Inter-American Foundation Act
or the African Development Foundation Act. The agency shall promptly report to
the Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for `International Organizations and Programs' in this
or any other Act, including prior appropriations Acts, shall not be construed
to be applicable to the International Fund for Agricultural
Development.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 536. None of the funds appropriated by this Act may be obligated
or expended to provide--
(a) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an enterprise
to relocate outside the United States if such incentive or inducement is
likely to reduce the number of employees of such business enterprise in the
United States because United States production is being replaced by such
enterprise outside the United States;
(b) assistance for the purpose of establishing or developing in a
foreign country any export processing zone or designated area in which the
tax, tariff, labor, environment, and safety laws of that country do not
apply, in part or in whole, to activities carried out within that zone or
area, unless the President determines and certifies that such assistance is
not likely to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes to the
violation of internationally recognized workers rights, as defined in
section 502(a)(4) of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that country:
Provided, That in recognition that the application of this
subsection should be commensurate with the level of development of the
recipient country and sector, the provisions of this subsection shall not
preclude assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.
CLEAN COAL TECHNOLOGY
SEC. 537. (a) FINDINGS- The Congress finds as follows:
(1) The United States is the world leader in the development of
environmental technologies, particularly clean coal technology.
(2) Severe pollution problems affecting people in developing
countries, and the serious health problems that result from such pollution,
can be effectively addressed through the application of United States
technology.
(3) During the next century, developing countries, particularly
countries in Asia such as China and India, will dramatically increase their
consumption of electricity, and low quality coal will be a major source of
fuel for power generation.
(4) Without the use of modern clean coal technology, the resultant
pollution will cause enormous health and environmental problems leading to
diminished economic growth in developing countries and, thus, diminished
United States exports to those growing markets.
(b) STATEMENT OF POLICY- It is the policy of the United States to
promote the export of United States clean coal technology. In furtherance of
that policy, the Secretary of State, the Secretary of the Treasury (acting
through the United States executive directors to international financial
institutions), the Secretary of Energy, and the Administrator of the United
States Agency for International Development (USAID) should, as appropriate,
vigorously promote the use of United States clean coal technology in
environmental and energy infrastructure programs, projects and activities.
Programs, projects and activities for which the use of such technology should
be considered include reconstruction assistance for the Balkans, activities
carried out by the Global Environment Facility, and activities funded from
USAID's Development Credit Authority.
SPECIAL AUTHORITIES
SEC. 538. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR,
DISPLACED CHILDREN, AND DISPLACED BURMESE- Funds appropriated in titles I and
II of this Act that are made available for Afghanistan, Lebanon, Montenegro,
and for victims of war, displaced children, and displaced Burmese, may be made
available notwithstanding any other provision of law: Provided, That
any such funds that are made available for Cambodia shall be subject to the
provisions of section 531(e) of the Foreign Assistance Act of 1961 and section
906 of the International Security and Development Cooperation Act of
1985.
(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES- Funds
appropriated by this Act to carry out the provisions of sections 103 through
106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities and,
subject to the regular notification procedures of the Committees on
Appropriations, energy programs aimed at reducing greenhouse gas emissions:
Provided, That such assistance shall be subject to sections 116,
502B, and 620A of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS- Funds appropriated by this Act to
carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the
Foreign Assistance Act of 1961, and title II of the Agricultural Trade
Development and Assistance Act of 1954, may be used by the Agency for
International Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded overseas programs and
activities and managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the Foreign Assistance
Act of 1961 may be made available for personal services contractors assigned
only to the Office of Health and Nutrition; the Office of Procurement; the
Bureau for Africa; the Bureau for Latin America and the Caribbean; and the
Bureau for Asia and the Near East: Provided further, That such funds
appropriated to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER- The President may waive the provisions of section 1003
of Public Law 100-204 if the President determines and certifies in writing to
the Speaker of the House of Representatives and the President pro tempore of
the Senate that it is important to the national security interests of the
United States.
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph
(1) shall be effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this Act.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL AND NORMALIZING
RELATIONS WITH ISRAEL
SEC. 539. It is the sense of the Congress that--
(1) the Arab League countries should immediately and publicly
renounce the primary boycott of Israel and the secondary and tertiary
boycott of American firms that have commercial ties with Israel and should
normalize their relations with Israel;
(2) the decision by the Arab League in 1997 to reinstate the boycott
against Israel was deeply troubling and disappointing;
(3) the fact that only three Arab countries maintain full diplomatic
relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision on the
boycott and its members should develop normal relations with their neighbor
Israel; and
(5) the President should--
(A) take more concrete steps to encourage vigorously Arab League
countries to renounce publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American firms that have commercial
relations with Israel and to normalize their relations with
Israel;
(B) take into consideration the participation of any recipient
country in the primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress annually on the specific steps being taken
by the United States and the progress achieved to bring about a public
renunciation of the Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have commercial relations with
Israel and to expand the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the United States
to enact laws prohibiting businesses from complying with the boycott and
penalizing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 540. Of the funds appropriated or otherwise made available by
this Act for `Economic Support Fund', assistance may be provided to strengthen
the administration of justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of section 534(b) of the
Foreign Assistance Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted notwithstanding section 660 of
that Act. Funds made available pursuant to this section may be made available
notwithstanding section 534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 541. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS-
Restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance in support of programs
of nongovernmental organizations from funds appropriated by this Act to carry
out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and from funds appropriated
under the heading `Assistance for Eastern Europe and the Baltic States':
Provided, That the President shall take into consideration, in any
case in which a restriction on assistance would be applicable but for this
subsection, whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States: Provided
further, That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental organizations, the
President shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of the
program to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory prohibitions
against abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480- During fiscal year 2001, restrictions contained in
this or any other Act with respect to assistance for a country shall not be
construed to restrict assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION- This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act of
1961 or any comparable provision of law prohibiting assistance to countries
that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act of
1961 or any comparable provision of law prohibiting assistance to countries
that violate internationally recognized human rights.
EARMARKS
SEC. 542. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account notwithstanding the
earmark if compliance with the earmark is made impossible by
operation of any provision of this or any other Act or, with respect to a
country with which the United States has an agreement providing the United
States with base rights or base access in that country, if the President
determines that the recipient for which funds are earmarked has significantly
reduced its military or economic cooperation with the United States since the
enactment of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991; however, before exercising the authority of this
subsection with regard to a base rights or base access country which has
significantly reduced its military or economic cooperation with the United
States, the President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made available under
the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are earmarked
for particular programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of such agency
determines and reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can be obligated
during the original period of availability: Provided, That such
earmarked funds that are continued available for an additional fiscal year
shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 543. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs. 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 heading `International Military Education and Training'
or `Foreign Military Financing Program' for Informational Program activities
or under the headings `Child Survival and Disease Programs Fund', `Development
Assistance', and `Economic Support Fund' may be obligated or expended to pay
for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of
a recreational character, including entrance fees at sporting events and
amusement parks.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 556. (a) AUTHORITY TO REDUCE DEBT- The President may reduce
amounts owed to the United States (or any agency of the United States) by an
eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export
Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed by the
Commodity Credit Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity Credit Corporation
Charter Act of June 29, 1948, as amended, section 4(b) of the Food for Peace
Act of 1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(1) The authority provided by subsection (a) may be exercised only
to implement multilateral official debt relief and referendum agreements,
commonly referred to as `Paris Club Agreed Minutes'.
(2) The authority provided by subsection (a) may be exercised only
in such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) The authority provided by subsection (a) may be exercised only
with respect to countries with heavy debt burdens that are eligible to
borrow from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly referred to
as `IDA-only' countries.
(c) CONDITIONS- The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of international
terrorism;
(3) is not failing to cooperate on international narcotics control
matters;
(4) (including its military or other security forces) does not
engage in a consistent pattern of gross violations of internationally
recognized human rights; and
(5) is not ineligible for assistance because of the application of
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading `Debt Restructuring'.
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to
subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority provided by
subsection (a) may be exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International Development and
Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 557. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS-
Notwithstanding any other provision of law, the President may, in accordance
with this section, sell to any eligible purchaser any concessional loan or
portion thereof made before January 1, 1995, pursuant to the Foreign
Assistance Act of 1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own qualified
debt, only if the eligible country uses an additional amount of the local
currency of the eligible country, equal to not less than 40 percent of the
price paid for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of such debt, to
support activities that link conservation and sustainable use of natural
resources with local community development, and child survival and other
child development, in a manner consistent with sections 707 through 710 of
the Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of any prior
agreement relating to such loan.
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of
law, the President shall, in accordance with this section, establish the
terms and conditions under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of
the Foreign Assistance Act of 1961, shall notify the administrator of the
agency primarily responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President has determined to be
eligible, and shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency shall make an
adjustment in its accounts to reflect the sale, reduction, or
cancellation.
(4) LIMITATION- The authorities of this subsection shall be
available only to the extent that appropriations for the cost of the
modification, as defined in section 502 of the Congressional Budget Act of
1974, are made in advance.
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this section
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the President
for using the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser,
or any reduction or cancellation pursuant to this section, of any loan made to
an eligible country, the President should consult with the country concerning
the amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading `Debt Restructuring'.
ASSISTANCE FOR HAITI
SEC. 558. (a) None of the funds appropriated by this or any previous
appropriations Act for foreign operations, export financing and related
programs shall be made available for assistance for the central Government of
Haiti until--
(1) the Secretary of State reports to the Committees on
Appropriations that Haiti has held free and fair elections to seat a new
parliament; and
(2) the Director of the Office of National Drug Control Policy
reports to the Committees on Appropriations that the Government of Haiti is
fully cooperating with United States efforts to interdict illicit drug
traffic through Haiti to the United States.
(b) Not more than 11 percent of the funds appropriated by this Act to
carry out the provisions of sections 103 through 106 and chapter 4 of part II
of the Foreign Assistance Act of 1961, that are made available for Latin
America and the Caribbean region may be made available, through bilateral and
Latin America and the Caribbean regional programs, to provide assistance for
any country in such region.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
STATE
SEC. 559. (a) FOREIGN AID REPORTING REQUIREMENT- In addition to the
voting practices of a foreign country, the report required to be submitted to
Congress under section 406(a) of the Foreign Relations Authorization Act,
fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-by-side
comparison of individual countries' overall support for the United States at
the United Nations and the amount of United States assistance provided to such
country in fiscal year 2000.
(b) UNITED STATES ASSISTANCE- For purposes of this section, the term
`United States assistance' has the meaning given the term in section 481(e)(4)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS
AGENCIES
SEC. 560. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR THE UNITED
NATIONS- None of the funds appropriated by this Act may be made available to
pay any voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) if the United Nations
implements or imposes any taxation on any United States persons.
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS- None of the
funds appropriated by this Act may be made available to pay any voluntary
contribution of the United States to the United Nations (including the United
Nations Development Program) unless the President certifies to the Congress 15
days in advance of such payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United States persons in order
to raise revenue for the United Nations or any of its specialized
agencies.
(c) DEFINITIONS- As used in this section the term `United States
person' refers to--
(1) a natural person who is a citizen or national of the United
States; or
(2) a corporation, partnership, or other legal entity organized
under the United States or any State, territory, possession, or district of
the United States.
HAITI COAST GUARD
SEC. 561. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22 U.S.C.
2751 et seq.), for the Coast Guard: Provided, That the authority
provided by this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 562. (a) PROHIBITION OF FUNDS- None of the funds appropriated by
this Act to carry out the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER- The prohibition included in subsection (a) shall not apply
if the President certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate that waiving such
prohibition is important to the national security interests of the United
States.
(c) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to subsection
(b) shall be effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 563. None of the funds made available by this Act may be provided
to any unit of the security forces of a foreign country if the Secretary of
State has credible evidence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports to the Committees on
Appropriations that the government of such country is taking effective
measures to bring the responsible members of the security forces unit to
justice: Provided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit of the security forces
of a foreign country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds are
withheld from any unit pursuant to this section, the Secretary of State shall
promptly inform the foreign government of the basis for such action and shall,
to the maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security forces to
justice.
RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY TO INDICTED
WAR CRIMINALS
SEC. 564. (a) BILATERAL ASSISTANCE- None of the funds made available
by this or any prior Act making appropriations for foreign operations, export
financing and related programs, may be provided for any country, entity or
municipality described in subsection (e).
(b) MULTILATERAL ASSISTANCE-
(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. 565. None of the funds appropriated under this Act may be made
available for the Government of the Russian Federation, after 180 days from
the date of the enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations and the Committee on
Foreign Relations of the Senate that the Government of the Russian Federation
has implemented no statute, executive order, regulation or similar government
action that would discriminate, or would have as its principal effect
discrimination, against religious groups or religious communities in the
Russian Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a
party.
GREENHOUSE GAS EMISSIONS
SEC. 566. (a) Funds made available in this Act to support programs or
activities the primary purpose of which is promoting or assisting country
participation in the Kyoto Protocol to the Framework Convention on Climate
Change (FCCC) shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all Federal
agency obligations and expenditures for climate change programs and
activities, domestic and international obligations for such activities in
fiscal year 2001, and any plan for programs thereafter related to the
implementation or the furtherance of protocols pursuant to, or related to
negotiations to amend the FCCC in conjunction with the President's submission
of the Budget of the United States Government for Fiscal Year 2002:
Provided, That such report shall include an accounting of
expenditures by agency with each agency identifying climate change activities
and associated costs by line item as presented in the President's Budget
Appendix: Provided further, That such report shall identify with
regard to the Agency for International Development, obligations and
expenditures by country or central program and activity.
AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO
SEC. 567. None of the funds appropriated or otherwise made available
by this Act may be provided to the Central Government of the Democratic
Republic of Congo.
ASSISTANCE FOR THE MIDDLE EAST
SEC. 568. Of the funds appropriated in titles II and III of this Act
under the headings `Economic Support Fund', `Foreign Military Financing
Program', `International Military Education and Training', `Peacekeeping
Operations', for refugees resettling in Israel under the heading `Migration
and Refugee Assistance', and for assistance for Israel to carry out provisions
of chapter 8 of part II of the Foreign Assistance Act of 1961 under the
heading `Nonproliferation, Anti-Terrorism, Demining and Related Programs', not
more than a total of $5,241,150,000 may be made available for Israel, Egypt,
Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group,
the Multinational Force and Observers, the Middle East Regional Democracy
Fund, Middle East Regional Cooperation, and Middle East Multilateral Working
Groups: Provided, That any funds that were appropriated under such
headings in prior fiscal years and that were at the time of the enactment of
this Act obligated or allocated for other recipients may not during fiscal
year 2001 be made available for activities that, if funded under this Act,
would be required to count against this ceiling: Provided further,
That funds may be made available notwithstanding the requirements of this
section if the President determines and certifies to the Committees on
Appropriations that it is important to the national security interest of the
United States to do so and any such additional funds shall only be provided
through the regular notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 569. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in
part, the President shall submit to the Committees on Appropriations, in
accordance with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of the Enterprise
Fund.
CAMBODIA
SEC. 570. (a) The Secretary of the Treasury should instruct the United
States executive directors of the international financial institutions to use
the voice and vote of the United States to oppose loans to the Central
Government of Cambodia, except loans to support basic human needs.
(b) None of the funds appropriated by this Act may be made available
for assistance for the Central Government of Cambodia.
FOREIGN MILITARY TRAINING REPORT
SEC. 571. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by March 1, 2001, a report on all
military training provided to foreign military personnel (excluding sales, and
excluding training provided to the military personnel of countries belonging
to the North Atlantic Treaty Organization) under programs administered by the
Department of Defense and the Department of State during fiscal years 2000 and
2001, including those proposed for fiscal year 2001. This report shall
include, for each such military training activity, the foreign policy
justification and purpose for the training activity, the cost of the training
activity, the number of foreign students trained and their units of operation,
and the location of the training. In addition, this report shall also include,
with respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United States
military units involved in each such training
activity. This report may include a classified annex if deemed necessary
and appropriate.
(b) For purposes of this section a report to Congress shall be deemed
to mean a report to the Appropriations and Foreign Relations Committees of the
Senate and the Appropriations and International Relations Committees of the
House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 572. (a) Of the funds made available under the heading
`Nonproliferation, Anti-terrorism, Demining and Related Programs', not to
exceed $55,000,000 may be made available for the Korean Peninsula Energy
Development Organization (hereafter referred to in this section as `KEDO'),
notwithstanding any other provision of law, only for the administrative
expenses and heavy fuel oil costs associated with the Agreed
Framework.
(b) Such funds may be made available for KEDO only if, 30 days prior
to such obligation of funds, the President certifies and so reports to
Congress that--
(1) the parties to the Agreed Framework have taken and continue to
take demonstrable steps to implement the Joint Declaration on
Denuclearization of the Korean Peninsula in which the Government of North
Korea has committed not to test, manufacture, produce, receive, possess,
store, deploy, or use nuclear weapons, and not to possess nuclear
reprocessing or uranium enrichment facilities;
(2) the parties to the Agreed Framework have taken and continue to
take demonstrable steps to pursue the North-South dialogue;
(3) North Korea is complying with all provisions of the Agreed
Framework;
(4) North Korea has not significantly diverted assistance provided
by the United States for purposes for which it was not intended;
(5) there is no credible evidence that North Korea is seeking to
develop or acquire the capability to enrich uranium, or any additional
capability to reprocess spent nuclear fuel;
(6) North Korea is complying with its commitments regarding access
to suspect underground construction at Kumchang-ni;
(7) there is no credible evidence that North Korea is engaged in a
nuclear weapons program, including efforts to acquire, develop, test,
produce, or deploy such weapons; and
(8) the United States is continuing to make significant progress on
eliminating the North Korean ballistic missile threat, including further
missile tests and its ballistic missile exports.
(c) The President may waive the certification requirements of
subsection (b) if the President determines that it is vital to the national
security interests of the United States and provides written policy
justifications to the appropriate congressional committees. No funds may be
obligated for KEDO until 30 days after submission to Congress of such
waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a full and detailed
accounting of the fiscal year 2002 request for the United States contribution
to KEDO, the expected operating budget of KEDO, proposed annual costs
associated with heavy fuel oil purchases, including unpaid debt, and the
amount of funds pledged by other donor nations and organizations to support
KEDO activities on a per country basis, and other related activities.
AFRICAN DEVELOPMENT FOUNDATION
SEC. 573. Funds made available to grantees of the African Development
Foundation may be invested pending expenditure for project purposes when
authorized by the President of the Foundation: Provided, That
interest earned shall be used only for the purposes for which the grant was
made: Provided further, That this authority applies to interest
earned both prior to and following enactment of this provision: Provided
further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the $250,000 limitation contained in
that section with respect to a project: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations in
advance of exercising such waiver authority.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 574. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting
Corporation.
IRAQ
SEC. 575. Notwithstanding any other provision of law, of the funds
appropriated under the heading `Economic Support Fund', not less than
$25,000,000 shall be made available for programs benefiting the Iraqi people,
of which not less than $12,000,000 should be made available for food,
medicine, and other humanitarian assistance (including related administrative,
communications, logistical, and transportation costs) to be provided to the
Iraqi people inside Iraq: Provided, That such assistance should be
provided through the Iraqi National Congress Support Foundation or the Iraqi
National Congress: Provided further, That not less than $6,000,000 of
the amounts made available for programs benefiting the Iraqi people should be
made available to the Iraqi National Congress Support Foundation or the Iraqi
National Congress for the production and broadcasting inside Iraq of radio and
satellite television programming: Provided further, That funds may be
made available to support efforts to bring about political transition in Iraq
which may be made available only to Iraqi opposition groups designated under
the Iraq Liberation Act (Public Law 105-338) for political, economic,
humanitarian, and other activities of such groups, and not to exceed
$2,000,000 may be made available for groups and activities seeking the
prosecution of Saddam Hussein and other Iraqi government officials for war
crimes: Provided further, That none of these funds may be made
available for administrative expenses of the Department of State: Provided
further, That the President shall, not later than 60 days after the date
of enactment of this Act, submit to the Committees on Appropriations of the
Senate and the House of Representatives a plan (in classified or unclassified
form) for the transfer to the Iraqi National Congress Support Foundation or
the Iraqi National Congress of humanitarian assistance for the Iraqi people
pursuant
to this paragraph, and for the commencement of broadcasting operations
pursuant to this paragraph.
AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET JUSTIFICATION
SEC. 576. The Agency for International Development shall submit to the
Committees on Appropriations a detailed budget justification that is
consistent with the requirements of section 515, for each fiscal year. The
Agency shall submit to the Committees on Appropriations a proposed budget
justification format no later than November 15, 2000, or 30 days after the
enactment of this Act, whichever occurs later. The proposed format shall
include how the Agency's budget justification will address: (1) estimated
levels of obligations for the current fiscal year and actual levels for the 2
previous fiscal years; (2) the President's request for new budget authority
and estimated carryover obligational authority for the budget year; (3) the
disaggregation of budget data and staff levels by program and activity for
each bureau, field mission, and central office; and (4) the need for a
user-friendly, transparent budget narrative.
KYOTO PROTOCOL
SEC. 577. None of the funds appropriated by this Act shall be used to
propose or issue rules, regulations, decrees, or orders for the purpose of
implementation, or in preparation for implementation, of the Kyoto Protocol,
which was adopted on December 11, 1997, in Kyoto, Japan, at the Third
Conference of the Parties to the United States Framework Convention on Climate
Change, which has not been submitted to the Senate for advice and consent to
ratification pursuant to article II, section 2, clause 2, of the United States
Constitution, and which has not entered into force pursuant to article 25 of
the Protocol.
WEST BANK AND GAZA PROGRAM
SEC. 578. For fiscal year 2001, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the appropriate committees of Congress
that procedures have been established to assure the Comptroller General of the
United States will have access to appropriate United States financial
information in order to review the uses of United States assistance for the
Program funded under the heading `Economic Support Fund' for the West Bank and
Gaza.
INDONESIA
SEC. 579. (a) Funds appropriated by this Act under the headings
`International Military Education and Training' and `Foreign Military
Financing Program' may be made available for Indonesia if the President
determines and submits a report to the appropriate congressional committees
that the Government of Indonesia and the Indonesian Armed Forces are--
(1) taking effective measures to bring to justice members of the
armed forces and militia groups against whom there is credible evidence of
human rights violations;
(2) taking effective measures to bring to justice members of the
armed forces against whom there is credible evidence of aiding or abetting
militia groups;
(3) allowing displaced persons and refugees to return home to East
Timor, including providing safe passage for refugees returning from West
Timor;
(4) not impeding the activities of the United Nations Transitional
Authority in East Timor;
(5) demonstrating a commitment to preventing incursions into East
Timor by members of militia groups in West Timor; and
(6) demonstrating a commitment to accountability by cooperating with
investigations and prosecutions of members of the Indonesian Armed Forces
and militia groups responsible for human rights violations in Indonesia and
East Timor.
MAN AND THE BIOSPHERE
SEC. 580. None of the funds appropriated or otherwise made available
by this Act may be provided for the United Nations Man and the Biosphere
Program or the United Nations World Heritage Fund.
TAIWAN REPORTING REQUIREMENT
SEC. 581. Not less than 30 days prior to the next round of arms talks
between the United States and Taiwan, the President shall consult, on a
classified basis, with appropriate Congressional leaders and committee
chairmen and ranking members regarding the following matters:
(1) Taiwan's requests for purchase of defense articles and defense
services during the pending round of arms talks;
(2) the Administration's assessment of the legitimate defense needs
of Taiwan, in light of Taiwan's requests; and
(3) the decision-making process used by the Executive branch to
consider those requests.
RESTRICTION ON UNITED STATES ASSISTANCE FOR CERTAIN RECONSTRUCTION
EFFORTS IN CENTRAL EUROPE
SEC. 582. Funds appropriated or otherwise made available by this Act
for United States assistance for Eastern Europe and the Baltic States should
to the maximum extent practicable be used for the procurement of articles and
services of United States origin.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING SIERRA
LEONE
SEC. 583. (a) None of the funds appropriated by this Act may be made
available for assistance for the government of any country that the Secretary
of State determines there is credible evidence that such government has
provided lethal or non-lethal military support or equipment, directly or
through intermediaries, within the previous 6 months to the Sierra Leone
Revolutionary United Front (RUF), or any other group intent on destabilizing
the democratically elected government of the Republic of Sierra Leone.
(b) None of the funds appropriated by this Act may be made available
for assistance for the government of any country that the Secretary of State
determines there is credible evidence that such government has aided or
abetted, within the previous 6 months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) Whenever the prohibition on assistance required under subsection
(a) or (b) is exercised, the Secretary of State shall notify the Committees on
Appropriations in a timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 584. Section 579(c)(2)(D) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, as enacted by
section 1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public Law
106-113), is amended by striking `December 31, 2000' and inserting in lieu
thereof `December 31, 2001'.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 585. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION- Of the amounts
made available under `International Organizations and Programs', not more than
$25,000,000 for fiscal year 2001 shall be available for the United Nations
Population Fund (hereafter in this subsection referred to as the
`UNFPA').
(b) PROHIBITION ON USE OF FUNDS IN CHINA- None of the funds made
available under `International Organizations and Programs' may be made
available for the UNFPA for a country program in the People's Republic of
China.
(c) CONDITIONS ON AVAILABILITY OF FUNDS- Amounts made available under
`International Organizations and Programs' for fiscal year 2001 for the UNFPA
may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA under
this section in an account separate from other accounts of the
UNFPA;
(2) the UNFPA does not commingle amounts made available to the UNFPA
under this section with other sums; and
(3) the UNFPA does not fund abortions.
(d) REPORT TO THE CONGRESS AND WITHHOLDING OF FUNDS-
(1) Not later than February 15, 2001, the Secretary of State shall
submit a report to the appropriate congressional committees indicating the
amount of funds that the United Nations Population Fund is budgeting for the
year in which the report
is submitted for a country program in the People's Republic of
China.
(2) If a report under subparagraph (A) indicates that the United
Nations Population Fund plans to spend funds for a country program in the
People's Republic of China in the year covered by the report, then the
amount of such funds that the UNFPA plans to spend in the People's Republic
of China shall be deducted from the funds made available to the UNFPA after
March 1 for obligation for the remainder of the fiscal year in which the
report is submitted.
INDOCHINESE PAROLEES
SEC. 586. (a) The status of certain aliens from Vietnam, Cambodia, and
Laos described in subsection (b) of this section may be adjusted by the
Attorney General, under such regulations as she may prescribe, to that of an
alien lawfully admitted permanent residence if--
(1) within three years after the date of promulgation by the
Attorney General of regulations in connection with this title the alien
makes an application for such adjustment and pays the appropriate
fee;
(2) the alien is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent residence except
as described in subsection (c); and
(3) the alien had been physically present in the United States prior
to October 1, 1997.
(b) The benefits provided by subsection (a) shall apply to any alien
who is a native or citizen of Vietnam, Laos, or Cambodia and who was inspected
and paroled into the United States before October 1, 1997 and was physically
present in the United States on October 1, 1997; and
(1) was paroled into the United States from Vietnam under the
auspices of the Orderly Departure Program; or
(2) was paroled into the United States from a refugee camp in East
Asia; or
(3) was paroled into the United States from a displaced person camp
administered by the United Nations High Commissioner for Refugees in
Thailand.
(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY- The provisions of
paragraph (4), (5), and (7)(A) and (9) of section 212(a) of the Immigration
and Nationality Act shall not be applicable to any alien seeking admission to
the United States under this subsection, and nothwithstanding any other
provision of law, the Attorney General may waive 212(a)(1); 212(a)(6)(B), (C),
and (F); 212(8)(A); 212(a)(10)(B) and (D) with respect to such an alien in
order to prevent extreme hardship to the alien or the alien's spouse, parent,
son or daughter, who is a citizen of the United States or an alien lawfully
admitted for permanent residence. Any such waiver by the Attorney General
shall be in writing and shall be granted only on an individual basis following
an investigation.
(d) CEILING- The number of aliens who may be provided adjustment of
status under this provision shall not exceed 5,000.
(e) DATE OF APPROVAL- Upon the approval of such an application for
adjustment of status, the Attorney General shall create a record of the
alien's admission as a lawful permanent resident as of the date of the alien's
inspection and parole described in subsection (b)(1), (b)(2) and
(b)(3).
(f) NO OFFSET IN NUMBER OF VISAS AVAILABLE- When an alien is granted
the status of having been lawfully admitted for permanent residence under this
section the Secretary of State shall not be required to reduce the number of
immigrant visas authorized to be issued under the Immigration and Nationality
Act.
AMERICAN CHURCHWOMEN IN EL SALVADOR
SEC. 587. (a) Information relevant to the December 2, 1980, murders of
four American churchwomen in El Salvador shall be made public to the fullest
extent possible.
(b) The Secretary of State and the Department of State are to be
commended for fully releasing information regarding the murders.
(c) The President shall order all Federal agencies and departments
that possess relevant information to make every effort to declassify and
release to the victims' families relevant information as expeditiously as
possible.
(d) In making determinations concerning the declassification and
release of relevant information, the Federal agencies and departments shall
presume in favor of releasing, rather than of withholding, such
information.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
SEC. 588. (a) FUNDING CONDITIONS- Of the funds made available under
the heading `International Financial Institutions' in this Act, 10 percent of
the United States portion or payment to such International Financial
Institution shall be withheld by the Secretary of the Treasury, until the
Secretary certifies to the Committees on Appropriations that, to the extent
pertinent to its lending programs, the institution is--
(1) Implementing procedures for conducting annual audits by
qualified independent auditors for all new investment lending;
(2) Implementing procedures for annual independent external audits
of central bank financial statements for countries making use of
International Monetary Fund resources under new arrangements or agreements
with the Fund;
(3) Taking steps to establish an independent fraud and corruption
investigative organization or office;
(4) Implementing a process to assess a recipient country's
procurement and financial management capabilities including an analysis of
the risks of corruption prior to initiating new investment lending;
and
(5) Taking steps to fund and implement programs and policies to
improve transparency and anti-corruption programs and procurement and
financial management controls in recipient countries.
(b) REPORT- The Secretary of the Treasury shall report on March 1,
2001 to the Committees on Appropriations on progress made by each
International Financial Institution, and, to the extent pertinent to its
lending programs, the International Monetary Fund, to fulfill the objectives
identified in subsection (a) and on progress of the International Monetary
Fund to implement procedures for annual independent external audits of central
bank financial statements for countries making use of Fund resources under all
new arrangements with the Fund.
(c) DEFINITIONS- The term `International Financial Institutions' means
the International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the Inter-American Investment Corporation,
the Enterprise for the Americas Multilateral Investment Fund, the Asian
Development Bank, the Asian Development Fund, the African Development Bank,
the African Development Fund, the European Bank for Reconstruction and
Development, and the International Monetary Fund.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 589. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used to
provide financing to Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to purchase) of
defense articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those defense
articles being provided by commercial lease rather than by
government-to-government sale under such Act.
FOREIGN MILITARY EXPENDITURES REPORT
SEC. 590. Section 511(b) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1993 (Public Law 102-391) is amended
by repealing paragraph (2) relating to military expenditures.
ABOLITION OF THE INTER-AMERICAN FOUNDATION
SEC. 591. Section 586 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000, as enacted by section 1000(a)(2) of
Public Law 106-113, is amended--
(1) in subsection (b), by striking `year 2000' and inserting in lieu
thereof `years 2000 and 2001'; and
(2) in subsection (c)(2), by striking `6290f' and inserting in lieu
thereof `290f'.
REPEAL OF REQUIREMENT FOR ANNUAL GAO REPORT ON THE FINANCIAL OPERATIONS
OF THE INTERNATIONAL MONETARY FUND
SEC. 592. Section 1706 of the International Financial Institutions Act
(22 U.S.C. 262r-5) is repealed.
EXTENSION OF GAO AUTHORITIES
SEC. 593. The funds made available to the Comptroller General pursuant
to Title I, Chapter 4 of Public Law 106-31 shall remain available until
expended.
FUNDING FOR SERBIA
SEC. 594. (a) Of funds made available in this Act, up to $100,000,000
may be made available for assistance for Serbia: Provided, That none of these
funds may be made available for assistance for Serbia after March 31, 2001
unless the President has made the determination and certification contained in
subsection (c).
(b) After March 31, 2001, the Secretary of the Treasury should
instruct the United States executive directors to international financial
institutions to support loans and assistance to the Government of the Federal
Republic of Yugoslavia subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as amended, shall
not apply to the provision of loans and assistance to the Federal Republic of
Yugoslavia through international financial institutions.
(c) The determination and certification referred to in subsection (a)
is a determination by the President and a certification to the Committees on
Appropriations of the House of Representatives and the Senate that the
Government of the Federal Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal for
Yugoslavia including access for investigators, the provision of documents,
and the surrender and transfer of indictees or assistance in their
apprehension;
(2) taking steps that are consistent with the Dayton Accords to end
Serbian financial, political, security and other support which has served
to
maintain separate Republika Srpska institutions; and
(3) taking steps to implement policies which reflect a respect for
minority rights and the rule of law.
(d) Subsections (b), (c), and (d) shall not apply to Montenegro,
Kosova, humanitarian assistance or assistance to promote democracy in
municipalities.
(e) The Secretary of State should instruct the United States
representatives to regional and international organizations to support
membership for the Government of the Federal Republic of Yugoslavia (FRY)
subject to a certification by the President to the Committees on
Appropriations of the House of Representatives and the Senate that the FRY has
applied for membership on the same basis as the other successor states to the
FRY and has taken appropriate steps to resolve issues related to state
liabilities, assets and property.
FORESTRY INITIATIVE
SEC. 595. (a) The provisions of S. 3140 of the 106th Congress, as
introduced on September 28, 2000 are hereby enacted into law.
(b) In publishing the Act in slip form and in the United States
Statutes at Large pursuant to section 112, of title 1, United States Code, the
Archivist of the United States shall include after the date of approval at the
end
appendixes setting forth the texts of the bill referred to in subsection
(a) of this section.
USER FEES
SEC. 596. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution (as
defined in section 1701(c)(2) of the International Financial Institutions Act)
and the International Monetary Fund to oppose any loan of these institutions
that would require user fees or service charges on poor people for primary
education or primary healthcare, including prevention and treatment efforts
for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' lending programs.
BASIC EDUCATION ASSISTANCE FOR PAKISTAN
SEC. 597. Funds appropriated by this Act to carry out the provisions
of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act
of 1961 may be made available for assistance for basic education programs for
Pakistan, notwithstanding any provision of law that restricts assistance to
foreign countries: Provided, That such assistance is subject to the regular
notification procedures of the Committees on Appropriations.
AUTHORIZATION FOR POPULATION PLANNING
SEC. 598. Not to exceed $425,000,000 of the funds appropriated in
title II of this Act may be available for population planning activities or
other population assistance: Provided, That notwithstanding section
614 of the Foreign Assistance Act of 1961, or any other provision of law, none
of such funds may be obligated or expended until February 15, 2001.
TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for `International Disaster Assistance',
$135,000,000, for rehabilitation and reconstruction assistance for Mozambique,
Madagascar, and southern Africa, to remain available until expended:
Provided, That none of the funds appropriated under this heading may
be made available for nonproject assistance: Provided further, That
prior to any obligation of funds appropriated under this heading, the
Administrator of the Agency for International Development shall provide the
Committees on Appropriations with a detailed report containing the amount of
the proposed obligation and a description of the programs and projects, on a
country-by-country basis, to be funded with such amount: Provided
further, That up to $12,000,000 of the funds appropriated under this
heading may be charged to finance obligations for which appropriations
available under chapter 1 and 10 of part I of the Foreign Assistance Act of
1961 were initially charged for assistance for rehabilitation and
reconstruction for Mozambique, Madagascar, and southern Africa: Provided
further, That of the funds appropriated under this heading, up to
$5,000,000 may be used for administrative expenses, including auditing costs,
of the Agency for International Development associated with the assistance
furnished under this heading: Provided further, That the entire
amount is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the entire amount
provided shall be available only to the extent an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
For an additional amount for `Operating Expenses of the Agency for
International Development', $13,000,000, to remain available until September
30, 2001: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the amount provided shall be available only to
the extent that an official budget request that includes designation of the
entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Other Bilateral Economic Assistance
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
For an additional amount for `Assistance for Eastern Europe and the
Baltic States', $75,825,000, to remain available until September 30, 2002:
Provided, That this amount shall only be available for assistance for
Montenegro, Croatia, and Serbia: Provided further, That the entire
amount is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the amount provided shall
be available only to the extent that an official budget request that includes
designation of the entire amount as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the Congress.
MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For an additional amount for `International Military Education and
Training', $2,875,000, to remain available until September 30, 2002, for
grants to countries of the Balkans and southeast Europe: Provided,
That funds appropriated in this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
provided shall be available only to the extent that an official budget request
that includes designation of the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for `Foreign Military Financing Program', to
enable the President to carry out section 23 of the Arms Export Control Act,
$31,000,000, to remain available until September 30, 2002, for grants to
countries of the Balkans and southeast Europe: Provided, That funds
appropriated in this paragraph shall be made available notwithstanding section
10 of Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956: Provided further, That funds made available
under this heading shall be nonrepayable, notwithstanding sections 23(b) and
23(c) of the Act: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the amount provided shall be
available only to the extent that an official budget request that includes
designation of the entire amount as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the Congress.
DEPARTMENT OF THE TREASURY
DEBT RESTRUCTURING
For an additional amount for `Debt restructuring' $210,000,000 for a
contribution to the `Heavily Indebted Poor Countries Trust Fund' of the
International Bank for Reconstruction and Development (HIPC Trust Fund):
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided shall be available only to the
extent an official budget request that includes designation of the entire
amount as an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
GENERAL PROVISIONS--THIS TITLE
SEC. 601. LIMITATION ON SUPPLEMENTAL FUNDS FOR POPULATION PLANNING-
Amounts appropriated under this title or under any other provision of law for
fiscal year 2001 that are in addition to the funds made available under title
II of this Act shall be deemed to have been appropriated under title II of
such Act and shall be subject to all limitations and restrictions contained in
section 599 of this Act, notwithstanding section 543 of this Act.
TITLE VII--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States Code, to
reduce the public debt, $5,000,000,000.
General Provision
ADJUSTMENT OF 2001 DISCRETIONARY SPENDING CAPS
SEC. 701. (a) Section 251(c)(5) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(c)(5)) is amended by striking
subparagraph (A) and inserting the following:
`(A) for the discretionary category: $637,000,000,000 in new budget
authority and $612,695,000,000 in outlays;'.
(b)(1) Except as provided in paragraph (2), in preparing the report in
calendar year 2000 as required by section 254(f) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 904(f)) with respect to fiscal
year 2001, the Office of Management and Budget shall not make the calculations
required by section 251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(2) Paragraph (1) shall not apply to the calculations permitted by
subparagraph (B), (C), (F), and (G) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(c) Under the terms of section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 adjustments for rounding shall be
provided for the first amount referred to in section 251(c)(5)(A) of such Act,
as amended by this section, equal to 0.5 percent of such amount.
TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
INSTITUTIONS REFORM
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE.
(a) REPEAL OF LIMITATION ON AVAILABILITY OF EARNINGS ON PROFITS OF
NONPUBLIC GOLD SALES- Paragraph (1) of section 62 of the Bretton Woods
Agreements Act, as added by section 503(a) of H.R. 3425 of the 106th Congress
(as enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536)), is
amended--
(1) by adding `and' at the end of subparagraph (B); and
(2) by striking subparagraph (D).
(b) CONTRIBUTIONS TO HIPC TRUST FUND-
(1) AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS- There is
authorized to be appropriated for the period beginning October 1, 2000, and
ending September 30, 2003, $435,000,000 for purposes of United States
contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the Bank.
(2) AVAILABILITY OF AMOUNTS- Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain available
until expended.
(c) CERTIFICATION REQUIRED-
(1) IN GENERAL- Except as provided in paragraph (2), not later than
30 days after the date of enactment of this Act, the Secretary shall certify
to the appropriate congressional committees that the following requirements
are satisfied:
(A) IMPLEMENTATION BY THE BANK OF CERTAIN POLICIES- The Bank is
implementing--
(i) policies providing for the suspension of a loan if funds are
being diverted for purposes other than the purpose for which the loan
was intended;
(ii) policies seeking to prevent loans from displacing private
sector financing;
(iii) policies requiring that loans other than project loans
must be disbursed--
(I) on the basis of specific prior reforms;
or
(II) incrementally upon implementation of specific reforms
after initial disbursement;
(iv) policies seeking to minimize the number of projects
receiving financing that would displace a population involuntarily or be
to the detriment of the people or culture of the area into which the
displaced population is to be moved;
(v) policies vigorously promoting open markets and
liberalization of trade in goods and services;
(vi) policies providing that financing by the Bank concentrates
chiefly on projects and programs that promote economic and social
progress rather than short-term liquidity financing;
and
(vii) policies providing for the establishment of appropriate
qualitative and quantitative indicators to measure progress toward
graduation from receiving financing on concessionary terms, including an
estimated timetable by which countries may graduate over the next 15
years.
(B) IMPLEMENTATION BY THE FUND OF CERTAIN POLICIES- The Fund is
implementing--
(i) policies providing for the suspension of a financing if
funds are being diverted for purposes other than the purpose for which
the financing was intended;
(ii) policies seeking to ensure that financing by the Fund
normally serves as a catalyst for private sector financing and does not
displace such financing;
(iii) policies requiring that financing must be
disbursed--
(I) on the basis of specific prior reforms;
or
(II) incrementally upon implementation of specific reforms
after initial disbursement;
(iv) policies vigorously promoting open markets and
liberalization of trade in goods and services;
(v) policies providing that financing by the Fund concentrates
chiefly on short-term balance of payments financing;
and
(vi) policies providing for the use, in conjunction with the
Bank, of appropriate qualitative and quantitative indicators to measure
progress toward graduation from receiving financing on concessionary
terms, including an estimated timetable by which countries may graduate
over the next 15 years.
(2) EXCEPTION- In the event that the Secretary cannot certify that a
policy described in paragraph (1)(A) or (1)(B) is being implemented, the
Secretary shall, not later than 30 days after the date of enactment of this
Act, submit a report to the appropriate congressional committees on the
progress, if any, made by the Bank or the Fund in adopting and implementing
such policy, as the case may be.
SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
MULTILATERAL DEVELOPMENT BANKS.
(a) IN GENERAL- The Secretary shall instruct the United States
Executive Director of each multilateral development bank to exert the
influence of the United States to strengthen the bank's procedures and
management controls intended to ensure that funds disbursed by the bank to
borrowing countries are used as intended and in a manner that complies with
the conditions of the bank's loan to that country.
(b) PROGRESS EVALUATION- Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report evaluating the progress made toward
achieving the objectives of subsection (a), including a description
of--
(1) any progress made in improving the supervision, monitoring, and
auditing of programs and projects supported by each multilateral development
bank, in order to identify and reduce bribery and corruption;
(2) any progress made in developing each multilateral development
bank's priorities for allocating anticorruption assistance;
(3) country-specific anticorruption programs supported by each
multilateral development bank;
(4) actions taken to identify and discipline multilateral
development bank employees suspected of knowingly being involved in corrupt
activities; and
(5) the outcome of efforts to harmonize procurement practices across
all multilateral development banks.
SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) ANNUAL REPORT ON FINANCIAL OPERATIONS- Beginning 180 days after
the date of enactment of this Act, or October 31, 2000, whichever is later,
and on October 31 of each year thereafter, the Comptroller General of the
United States shall submit to the appropriate congressional committees a
report on the sufficiency of audits of the financial operations of each
multilateral development bank conducted by persons or entities outside such
bank.
(b) ANNUAL REPORT ON UNITED STATES SUPPORTED POLICIES- Beginning 180
days after the date of enactment of this Act, or October 31, 2000, whichever
is later, and on October 31 of each year thereafter, the Secretary shall
submit a report to the appropriate congressional committees on--
(1) the actions taken by recipient countries, as a result of the
assistance allocated to them by the multilateral development banks under
programs referred to in section 802(b), to strengthen governance and reduce
the opportunity for bribery and corruption; and
(2) how International Development Association-financed projects
contribute to the eventual graduation of a representative sample of
countries from reliance on financing on concessionary terms and
international development assistance.
(c) AMENDMENT OF REPORT ON FUND- Section 1705(a) of the International
Financial Institutions Act (22 U.S.C. 262r-4(a)) is amended--
(1) by inserting `(1)' before `the progress'; and
(2) by inserting before the period at the end the following: `, and
(2) the progress made by the International Monetary Fund in adopting and
implementing the policies described in section 801(c)(1)(B) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2001'.
(d) REPORT ON DEBT RELIEF- Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit a report to the appropriate
congressional committees on the history of debt relief programs led by, or
coordinated with, international financial institutions, including but not
limited to--
(1) the extent to which poor countries and the poorest-of-the-poor
benefit from debt relief, including measurable evidence of any such
benefits; and
(2) the extent to which debt relief contributes to the graduation of
a country from reliance on financing on concessionary terms and
international development assistance.
SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS.
Section 209(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2169(d); relating to bilateral funding for international financial
institutions) is repealed.
SEC. 805. REFOCUSED ACTIVITIES OF THE IMF. The Bretton Woods Agreement
Act is amended by adding the following new section--
`SEC. 63. PRINCIPLES FOR INTERNATIONAL MONETARY FUND LENDING.
`It is the policy of the United States to work to implement reforms in
the International Monetary Fund (IMF) to achieve the following goals:
`(a) SHORT-TERM BALANCE OF PAYMENTS FINANCING- Lending from the
general resources of the Fund should concentrate chiefly on short-term balance
of payments financing.
`(b) LIMITATIONS ON MEDIUM-TERM FINANCING- Use of medium-term lending
from the general resources of the Fund should be limited to a set of
well-defined circumstances, such as--
`(1) when a member's balance of payments problems will be
protracted,
`(2) such member has a strong structural reform program in place,
and
`(3) the member has little or no access to private sources of
capital.
`(c) PREMIUM PRICING- Premium pricing should be introduced for lending
from the general resources of the Fund, for greater than 200 per centum of a
member's quota in the Fund, to discourage excessive use of Fund lending and to
encourage members to rely on private financing to the maximum extent
possible.
`(d) REDRESSING MISREPORTING OF INFORMATION- The Fund should have in
place and apply systematically a strong framework of safeguards and measures
to respond to, correct, and discourage cases of misreporting of information in
the context of a Fund program, including--
`(1) Suspending Fund disbursements and ensuring that Fund lending is
not resumed to members that engage in serious misreporting of material
information until such time as remedial actions and sanctions, as
appropriate, have been applied;
`(2) Ensuring that members make early repayments, where appropriate,
of Fund resources disbursed on the basis of misreported
information;
`(3) Making public cases of serious misreporting of material
information;
`(4) Requiring all members receiving new disbursements from the Fund
to undertake annually independent audits of central bank financial
statements and publish the resulting audits; and
`(5) Requiring all members seeking new loans from the Fund to
provide to the Fund detailed information regarding their internal control
procedures, financial reporting and audit mechanisms and, in cases where
there are questions about the adequacy of these systems, undertaking an
on-site review and identifying needed remedies.'.
SEC. 806. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate, and the Committee on Banking and
Financial Services and the Committee on Appropriations of the House of
Representatives.
(2) BANK- The term `Bank' means the International Bank for
Reconstruction and Development.
(3) FUND- The term `Fund' means the International Monetary
Fund.
(4) INTERNATIONAL FINANCIAL INSTITUTIONS- The term `international
financial institutions' means the multilateral development banks and the
International Monetary Fund.
(5) MULTILATERAL DEVELOPMENT BANKS- The term `multilateral
development banks' means the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the Asian
Development Bank, the Inter-American Investment Corporation, the African
Development Bank, the African Development Fund, the European Bank for
Reconstruction and Development, and the Multilateral Investment Guaranty
Agency.
(6) SECRETARY- The term `Secretary' means the Secretary of the
Treasury.
This Act may be cited as the `Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2001'.
END