S 2382 RFS
106th CONGRESS
2d Session
S. 2382
[Report No. 106-257]
To authorize appropriations for technical assistance for fiscal year
2001, to promote trade and anticorruption measures, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
April 7, 2000
Mr. HELMS, from the Committee on Foreign Relations, reported the following
original bill; which was read twice and placed on the calendar
April 11, 2000
Referred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To authorize appropriations for technical assistance for fiscal year
2001, to promote trade and anticorruption measures, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Technical Assistance, Trade
Promotion, and Anti-Corruption Act of 2000'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING TRADE AND PROTECTING UNITED STATES JOBS
Subtitle A--Private Sector Development
Sec. 101. Private sector enterprise funds.
Subtitle B--Protection of United States Jobs and Exports
Sec. 111. Prohibition on bilateral assistance for foreign exports of
certain commodities.
Sec. 112. Opposition to multilateral assistance for certain surplus
commodities.
Sec. 113. Prohibition on assistance for activities likely to cause a
loss of United States jobs.
Sec. 114. Purchase of American-made equipment and products.
Subtitle C--Trade Sanctions Reform and Export Enhancement
Sec. 125. Countries supporting international terrorism.
Sec. 126. Termination of sanctions.
Sec. 127. State sponsors of international terrorism.
Sec. 128. Congressional priority procedures.
Sec. 129. Effective date.
TITLE II--ECONOMIC ASSISTANCE
Subtitle A--Assistance Authorities
Sec. 201. Development assistance policy.
Sec. 203. Waiver of restrictions for narcotics-related economic
assistance.
Sec. 204. Working capital fund.
Sec. 205. Certifications regarding adherence to population planning
assistance laws.
Sec. 206. Funding of certain environmental assistance activities of
USAID.
Sec. 207. Funding of certain assistance activities in East Timor.
Sec. 208. Availability of ESF assistance for certain assistance
activities for the Horn of Africa.
Sec. 209. Allocation of assistance for sub-Saharan Africa.
Sec. 210. Nonmilitary education and anticorruption assistance.
Subtitle B--International Disaster Assistance
Sec. 211. Authority to provide reconstruction assistance.
Sec. 212. Processing of applications for transportation of humanitarian
assistance abroad by the Department of Defense.
Subtitle C--Sudan Peace Act
Sec. 224. Condemnation of slavery, other human rights abuses, and new
tactics by the Government of Sudan.
Sec. 225. Support for the IGAD peace process.
Sec. 226. Increased pressure on combatants.
Sec. 227. Reporting requirement.
Sec. 228. Reform of Operation Lifeline Sudan (OLS).
Sec. 229. Continued use of non-OLS organizations for relief
efforts.
Sec. 230. Contingency plan for any ban on air transport relief
flights.
Sec. 231. New authority for USAID's Sudan Transition Assistance for
Rehabilitation (STAR) program.
Sec. 232. Assessment and planning for Nuba Mountains and other areas
subject to bans on air transport relief flights.
Sec. 233. Options or plans for nonlethal assistance for National
Democratic Alliance participants.
Subtitle D--Assistance to Countries With Large Populations Having
HIV/AIDS
Sec. 242. Findings and purposes.
Sec. 243. Additional assistance authorities to combat HIV and
AIDS.
Sec. 244. Voluntary contribution to Global Alliance for Vaccines and
Immunizations and International AIDS Vaccine Initiative.
Sec. 245. Multilateral lifesaving vaccine purchase fund.
Sec. 246. World Bank trust fund for AIDS prevention and
eradication.
Sec. 247. Negotiations for the creation of a World Bank trust fund for
education of orphans in sub-Saharan Africa.
Sec. 248. Coordinated donor strategy for support and education of
orphans in sub-Saharan Africa.
Sec. 249. African Crisis Response Initiative and HIV/AIDS
training.
Subtitle E--International Tuberculosis Control
Sec. 253. Assistance for tuberculosis prevention, treatment, control,
and elimination.
Subtitle F--Global Opportunities for Biotechnology in Agriculture
Sec. 263. International education programs.
Sec. 264. Development of expertise in biotechnology in the United States
Agency for International Development.
Sec. 265. Coordinated Federal strategy.
Sec. 266. Sense of the Congress.
TITLE III--PEACE CORPS OF THE UNITED STATES
Sec. 301. Redesignation of Peace Corps as Peace Corps of the United
States.
TITLE IV--STRENGTHENING ANTICORRUPTION MEASURES AND ACCOUNTABILITY
Sec. 401. Debt relief under the Heavily Indebted Poor Countries (HIPC)
Initiative.
Sec. 402. Strengthening procedures for monitoring use of funds by
multilateral development banks.
Sec. 403. Reports on policies, operations, and management of
international financial institutions.
Sec. 404. Repeal of bilateral funding for international financial
institutions.
TITLE V--SERBIA DEMOCRATIZATION ACT
Subtitle A--Support for the Democratic Opposition
Sec. 511. Findings and policy.
Sec. 512. Assistance to promote democracy and civil society in
Yugoslavia.
Sec. 513. Authority for radio and television broadcasting.
Subtitle B--Assistance to the Victims of Serbian Oppression
Sec. 522. Sense of Congress.
Subtitle C--`Outer Wall' Sanctions
Sec. 531. `Outer wall' sanctions.
Sec. 532. International financial institutions not in compliance with
`outer wall' sanctions.
Subtitle D--Other Measures Against Yugoslavia
Sec. 541. Blocking assets in the United States.
Sec. 542. Suspension of entry into the United States.
Sec. 543. Prohibition on strategic exports to Yugoslavia.
Sec. 544. Prohibition on loans and investment.
Sec. 545. Prohibition of military-to-military cooperation.
Sec. 546. Multilateral sanctions.
Sec. 548. Waiver; termination of measures against Yugoslavia.
Sec. 549. Statutory construction.
Subtitle E--Miscellaneous Provisions
Sec. 551. The International Criminal Tribunal for the Former
Yugoslavia.
Sec. 552. Sense of Congress with respect to ethnic Hungarians of
Vojvodina.
Sec. 553. Ownership and use of diplomatic and consular properties.
Sec. 554. Transition assistance.
TITLE VI--MICROENTERPRISE ASSISTANCE
Sec. 602. Findings and declarations of policy.
Sec. 604. Microenterprise development grant assistance.
Sec. 605. Micro- and small enterprise development credits.
Sec. 606. Microfinance loan facility.
Sec. 607. Report relating to future development of microenterprise
institutions.
Sec. 608. United States Agency for International Development as global
leader and coordinator of bilateral and multilateral microenterprise
assistance activities.
TITLE VII--DEFENSE AND SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
Chapter 1--Foreign Military Financing Program
Sec. 701. Authorization of appropriations.
Chapter 2--Other Assistance
Sec. 711. Defense drawdown special authorities.
Sec. 712. Increased transport authority.
Subtitle B--International Military Education and Training
Sec. 721. Authorization of appropriations.
Sec. 722. Additional requirements relating to international military
education and training.
Subtitle C--Nonproliferation and Export Control Assistance
Sec. 731. Nonproliferation and export control assistance.
Sec. 732. Nonproliferation and export control training in the United
States.
Sec. 733. Science and technology centers.
Sec. 734. Trial transit program.
Subtitle D--Antiterrorism Assistance
Sec. 741. Authorization of appropriations.
Subtitle E--Integrated Security Assistance Planning
Chapter 1--Establishment of a National Security Assistance Strategy
Sec. 751. National security assistance strategy.
Sec. 752. Security assistance surveys.
Chapter 2--Allocations for Certain Countries
Sec. 761. Security assistance for new NATO members.
Sec. 762. Increased training assistance for Greece and Turkey.
Sec. 763. Minimum allocation for Egypt and Israel.
Sec. 764. Security assistance for certain countries.
Sec. 765. Border security and territorial independence.
Subtitle F--Other Provisions
Sec. 771. Utilization of defense articles and services.
Sec. 772. Reduction in valuation of defense articles not intended for
replacement.
Sec. 773. Congressional notification.
Sec. 774. National security exemption.
Sec. 775. Additions to United States war reserve stockpiles for
allies.
Sec. 776. Transfer of certain obsolete or surplus defense articles in
the war reserve stockpiles for allies to Israel.
Sec. 777. Stinger missiles in the Persian Gulf Region.
Sec. 778. Export information.
Sec. 779. Excess defense articles for Mongolia.
Sec. 780. Space cooperation with Russian persons.
Sec. 781. Assistance for Israel.
Subtitle G--Transfers of Naval Vessels
Sec. 791. Authority to transfer naval vessels to certain foreign
countries.
Sec. 792. Inapplicability of aggregate annual limitation on value of
transferred excess defense articles.
Sec. 793. Costs of transfers.
Sec. 794. Conditions relating to combined lease-sale transfers.
Sec. 795. Funding of certain costs of transfers.
Sec. 796. Expiration of authority.
Subtitle H--Definition
Sec. 797. Appropriate committees of Congress defined.
TITLE VIII--SPECIAL AUTHORITIES AND OTHER PROVISIONS
Sec. 801. Prohibition on assistance to foreign governments that export
lethal military equipment to countries supporting international
terrorism.
Sec. 802. Effective program oversight.
Sec. 803. Termination expenses.
Sec. 804. Administration of justice.
Sec. 805. Change from semiannual to annual reporting of environmental
impacts of MDB assistance proposals.
Sec. 806. Sense of the Senate on environmental contamination and health
effects emanating from the former United States military facilities in the
Philippines.
Sec. 807. Repeal of obsolete provisions.
TITLE I--PROMOTING TRADE AND PROTECTING UNITED STATES JOBS
Subtitle A--Private Sector Development
SEC. 101. PRIVATE SECTOR ENTERPRISE FUNDS.
(a) IN GENERAL- Part III of the Foreign Assistance Act of 1961 is amended
by inserting after section 601 (22 U.S.C. 2351) the following new section:
`SEC. 601A. PRIVATE SECTOR ENTERPRISE FUNDS.
`(1) ELIGIBLE ENTERPRISE FUNDS- The President may provide funds and
support to Enterprise Funds designated in accordance with subsection (b)
that are or have been established in furtherance of chapter 1 of part I of
this Act for the purposes of promoting--
`(A) development of the private sectors of eligible countries,
including small businesses, the agricultural sector, and joint ventures
with United States and host country participants; and
`(B) policies and practices conducive to private sector development in
eligible countries;
on the same basis as funds and support may be provided with respect to
Enterprise Funds for Poland and Hungary under the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
`(2) SUPERSEDES OTHER LAWS- Funds may be made available under this
section notwithstanding any other provision of law, except sections 620A and
490 of this Act.
`(b) COUNTRIES ELIGIBLE FOR ENTERPRISE FUNDS-
`(1) DESIGNATION OF ELIGIBLE RECIPIENTS- Except as provided in paragraph
(2), the President is authorized to designate a private, nonprofit
organization as eligible to receive funds and support pursuant to this
section with respect to any country in the same manner and with the same
limitations as set forth in section 201(d) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5421(d)).
`(2) INELIGIBLE COUNTRIES- The authority of paragraph (1) shall not
apply to any country with respect to which the President is authorized to
designate an enterprise fund under section 498B(c) of this Act or section
201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C.
5421).
`(c) TREATMENT EQUIVALENT TO ENTERPRISE FUNDS FOR POLAND AND HUNGARY-
Except as otherwise specifically provided in this section, the provisions
contained in section 201 of the Support for East European Democracy (SEED) Act
of 1989 (22 U.S.C. 5421) (excluding the authorizations of appropriations
provided in subsection (b) of that section) shall apply to any Enterprise Fund
that receives funds and support under this section. The officers, members, or
employees of an Enterprise Fund that receives funds and support under this
section shall enjoy the same status under law that is applicable to officers,
members, or employees of the Enterprise Funds for Poland and Hungary under
section 201 of the Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5421).
`(d) REPORTING REQUIREMENT- Notwithstanding any other provision of this
section, the requirement of section 201(p) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5421(p)) that an Enterprise Fund shall
be required to publish an annual report not later than January 31 of each year
shall not apply with respect to an Enterprise Fund that receives funds and
support under this section for the first 12 months after it is designated as
eligible to receive such funds and support.
`(e) ENTERPRISE FUND RESTRICTIONS- 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 Committee on
Foreign Relations of the Senate and the Committee on International Relations
of the House of Representatives a plan for the distribution of the assets of
the Enterprise Fund.
`(f) USE OF OTHER FOREIGN ASSISTANCE FUNDS- In addition to amounts
otherwise available for such purposes, amounts made available for a fiscal
year to carry out chapter 1 of part I of this Act (relating to development
assistance) and to carry out chapter 4 of part II of this Act (relating to the
economic support fund) shall be available for such fiscal year to carry out
this section.'.
(b) CONFORMING AMENDMENT TO SEED ACT- Section 201(d)(2) of the Support for
East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(d)(2)) is amended
by striking `leadership of each House of Congress' and inserting `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'.
Subtitle B--Protection of United States Jobs and Exports
SEC. 111. PROHIBITION ON BILATERAL ASSISTANCE FOR FOREIGN EXPORTS OF CERTAIN
COMMODITIES.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2351 et seq.) is amended by adding at the end the following new section:
`SEC. 620J. PROHIBITION ON BILATERAL ASSISTANCE FOR FOREIGN EXPORTS OF
CERTAIN COMMODITIES.
`(a) PROHIBITION RELATING TO SURPLUS COMMODITIES- No assistance shall be
furnished under this Act, including title IV of chapter 2 of part I of this
Act (relating to the Overseas Private Investment Corporation), to finance any
loan, any assistance, or any other financial commitments for the purpose of
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.
`(b) PROHIBITION RELATING TO AGRICULTURAL COMMODITIES- No assistance shall
be furnished under chapter 1 of part I (relating to development assistance)
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, except 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.'.
SEC. 112. OPPOSITION TO MULTILATERAL ASSISTANCE FOR CERTAIN SURPLUS
COMMODITIES.
Title XVIII of the International Financial Institutions Act (22 U.S.C.
262s et seq.) is amended by adding at the end the following new sections:
`SEC. 1804. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS
FOR SURPLUS COMMODITIES.
`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 pursuant to law, 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.'.
SEC. 113. PROHIBITION ON ASSISTANCE FOR ACTIVITIES LIKELY TO CAUSE A LOSS OF
UNITED STATES JOBS.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2351 et seq.), as amended by section 111, is further amended by adding at the
end the following new section:
`SEC. 620K. PROHIBITION ON ASSISTANCE FOR ACTIVITIES LIKELY TO CAUSE A LOSS
OF UNITED STATES JOBS.
`No assistance under this Act other than title IV of chapter 2 of part I
may be used to provide--
`(1) 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;
`(2) 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
`(3) 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, except that,
in recognition that the application of this paragraph should be commensurate
with the level of development of the recipient country and sector, the
provisions of this paragraph shall not preclude assistance for the informal
sector in such country, micro and small-scale enterprise, and smallholder
agriculture.'.
SEC. 114. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) UTILIZATION OF UNITED STATES RESOURCES- To the maximum extent
possible, assistance provided under this Act, the Foreign Assistance Act of
1961, or the Arms Export Control Act should make full use of United States
resources, including commodities, products, and services.
(b) SENSE OF CONGRESS- It is the sense of Congress that, to the greatest
extent practicable, all agricultural commodities, equipment, and products
purchased with funds made available under this Act, the Foreign Assistance Act
of 1961, or the Arms Export Control Act should be American-made.
(c) NOTICE TO CONTRACTING ENTITIES- In providing financial assistance to,
or entering into any contract with, any entity using funds made available
under this Act, the Foreign Assistance Act of 1961, or the Arms Export Control
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.
Subtitle C--Trade Sanctions Reform and Export Enhancement
SEC. 121. SHORT TITLE.
This subtitle may be cited as the `Trade Sanctions Reform and Export
Enhancement Act of 2000'.
SEC. 122. DEFINITIONS.
(1) AGRICULTURAL COMMODITY- The term `agricultural commodity' has the
meaning given the term in section 102 of the Agricultural Trade Act of 1978
(7 U.S.C. 5602).
(2) AGRICULTURAL PROGRAM- The term `agricultural program' means--
(A) any program administered under the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1691 et seq.);
(B) any program administered under section 416 of the Agricultural Act
of 1949 (7 U.S.C. 1431);
(C) any program administered under the Agricultural Trade Act of 1978
(7 U.S.C. 5601 et seq.);
(D) the dairy export incentive program administered under section 153
of the Food Security Act of 1985 (15 U.S.C. 713a-14);
(E) any commercial export sale of agricultural commodities;
or
(F) any export financing (including credits or credit guarantees)
provided by the United States Government for agricultural
commodities.
(3) JOINT RESOLUTION- The term `joint resolution' means--
(A) in the case of section 123(a)(1), only a joint resolution
introduced within 10 session days of Congress after the date on which the
report of the President under section 123(a)(1) is received by Congress,
the matter after the resolving clause of which is as follows: `That
Congress approves the report of the President pursuant to section
123(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of
2000, transmitted on XXXXXXX.', with the blank completed with the
appropriate date; and
(B) in the case of section 126(1), only a joint resolution introduced
within 10 session days of Congress after the date on which the report of
the President under section 126(2) is received by Congress, the matter
after the resolving clause of which is as follows: `That Congress approves
the report of the President pursuant to section 126(1) of the Trade
Sanctions Reform and Export Enhancement Act of 2000, transmitted on
XXXXXXX.', with the blank completed with the appropriate
date.
(4) MEDICAL DEVICE- The term `medical device' has the meaning given the
term `device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(5) MEDICINE- The term `medicine' has the meaning given the term `drug'
in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(6) UNILATERAL AGRICULTURAL SANCTION- The term `unilateral agricultural
sanction' means any prohibition, restriction, or condition on carrying out
an agricultural program with respect to a foreign country or foreign entity
that is imposed by the United States for reasons of foreign policy or
national security, except in a case in which the United States imposes the
measure pursuant to a multilateral regime and the other member countries of
that regime have agreed to impose substantially equivalent measures.
(7) UNILATERAL MEDICAL SANCTION- The term `unilateral medical sanction'
means any prohibition, restriction, or condition on exports of, or the
provision of assistance consisting of, medicine or a medical device with
respect to a foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security, except in a case
in which the United States imposes the measure pursuant to a multilateral
regime and the other member countries of that regime have agreed to impose
substantially equivalent measures.
SEC. 123. RESTRICTION.
(a) NEW SANCTIONS- Except as provided in sections 124 and 125 and
notwithstanding any other provision of law, the President may not impose a
unilateral agricultural sanction or unilateral medical sanction against a
foreign country or foreign entity, unless--
(1) not later than 60 days before the sanction is proposed to be
imposed, the President submits a report to Congress that--
(A) describes the activity proposed to be prohibited, restricted, or
conditioned; and
(B) describes the actions by the foreign country or foreign entity
that justify the sanction; and
(2) there is enacted into law a joint resolution stating the approval of
Congress for the report submitted under paragraph (1).
(1) IN GENERAL- Except as provided in paragraph (2), the President shall
terminate any unilateral agricultural sanction or unilateral medical
sanction that is in effect as of the date of enactment of this Act.
(2) EXEMPTIONS- Paragraph (1) shall not apply to a unilateral
agricultural sanction or unilateral medical sanction imposed--
(A) with respect to any program administered under section 416 of the
Agricultural Act of 1949 (7 U.S.C. 1431);
(B) with respect to the Export Credit Guarantee Program (GSM-102) or
the Intermediate Export Credit Guarantee Program (GSM-103) established
under section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622);
or
(C) with respect to the dairy export incentive program administered
under section 153 of the Food Security Act of 1985 (15 U.S.C.
713a-14).
SEC. 124. EXCEPTIONS.
Section 123 shall not affect any authority or requirement to impose (or
continue to impose) a sanction referred to in section 123--
(1) against a foreign country or foreign entity--
(A) pursuant to a declaration of war against the country or
entity;
(B) pursuant to specific statutory authorization for the use of the
Armed Forces of the United States against the country or entity;
(C) against which the Armed Forces of the United States are involved
in hostilities; or
(D) where imminent involvement by the Armed Forces of the United
States in hostilities against the country or entity is clearly indicated
by the circumstances; or
(2) to the extent that the sanction would prohibit, restrict, or
condition the provision or use of any agricultural commodity, medicine, or
medical device that is--
(A) controlled on the United States Munitions List established under
section 38 of the Arms Export Control Act (22 U.S.C. 2778);
(B) controlled on any control list established under the Export
Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401
et seq.); or
(C) used to facilitate the development or production of a chemical or
biological weapon or weapon of mass destruction.
SEC. 125. COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.
Notwithstanding section 123 and except as provided in section 127, the
prohibitions in effect on or after the date of the enactment of this Act under
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) on
providing, to the government of any country supporting international
terrorism, United States Government assistance, including United States
foreign assistance, United States export assistance, or any United States
credits or credit guarantees, shall remain in effect for such period as the
Secretary of State determines under such section 620A that the government of
the country has repeatedly provided support for acts of international
terrorism.
SEC. 126. TERMINATION OF SANCTIONS.
Any unilateral agricultural sanction or unilateral medical sanction that
is imposed pursuant to the procedures described in section 123(a) shall
terminate not later than 2 years after the date on which the sanction became
effective unless--
(1) not later than 60 days before the date of termination of the
sanction, the President submits to Congress a report containing--
(A) the recommendation of the President for the continuation of the
sanction for an additional period of not to exceed 2 years; and
(B) the request of the President for approval by Congress of the
recommendation; and
(2) there is enacted into law a joint resolution stating the approval of
Congress for the report submitted under paragraph (1).
SEC. 127. STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) IN GENERAL- Notwithstanding any other provision of this subtitle, the
export of agricultural commodities, medicine, or medical devices to the
government of a country that has been determined by the Secretary of State to
have repeatedly provided support for acts of international terrorism under
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) shall only
be made--
(1) pursuant to one-year licenses issued by the United States Government
for contracts entered into during the one-year period and completed with the
12-month period beginning on the date of the signing of the contract, except
that, in the case of the export of items used for food and for food
production, such one-year licenses shall otherwise be no more restrictive
than general licenses; and
(2) without benefit of Federal financing, direct export subsidies,
Federal credit guarantees, or other Federal promotion assistance
programs.
(b) QUARTERLY REPORTS- The applicable department or agency of the Federal
Government shall submit to the appropriate congressional committees on a
quarterly basis a report on any activities undertaken under subsection (a)(1)
during the preceding calendar quarter.
(c) BIENNIAL REPORTS- Not later than two years after the date of enactment
of this Act, and every two years thereafter, the applicable department or
agency of the Federal Government shall submit a report to the appropriate
congressional committees on the operation of the licensing system under this
section for the preceding two-year period, including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date of filing of a
license application until the date of its approval;
(4) the extent to which the licensing procedures were effectively
implemented; and
(5) a description of comments received from interested parties about the
extent to which the licensing procedures were effective, after the
applicable department or agency holds a public 30-day comment period.
SEC. 128. CONGRESSIONAL PRIORITY PROCEDURES.
(a) REFERRAL OF REPORT- A report described in section 123(a)(1) or 126(1)
shall be referred to the appropriate committee or committees of the House of
Representatives and to the appropriate committee or committees of the
Senate.
(b) REFERRAL OF JOINT RESOLUTION-
(1) IN GENERAL- A joint resolution introduced in the Senate shall be
referred to the Committee on Foreign Relations, and a joint resolution
introduced in the House of Representatives shall be referred to the
Committee on International Relations.
(2) REPORTING DATE- A joint resolution referred to in paragraph (1) may
not be reported before the eighth session day of Congress after the
introduction of the joint resolution.
(c) DISCHARGE OF COMMITTEE- If the committee to which is referred a joint
resolution has not reported the joint resolution (or an identical joint
resolution) at the end of 30 session days of Congress after the date of
introduction of the joint resolution--
(1) the committee shall be discharged from further consideration of the
joint resolution; and
(2) the joint resolution shall be placed on the appropriate calendar of
the House concerned.
(A) IN GENERAL- When the committee to which a joint resolution is
referred has reported, or when a committee is discharged under subsection
(c) from further consideration of, a joint resolution--
(i) it shall be at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) for any member
of the House concerned to move to proceed to the consideration of the
joint resolution; and
(ii) all points of order against the joint resolution (and against
consideration of the joint resolution) are waived.
(B) PRIVILEGE- The motion to proceed to the consideration of the joint
resolution--
(i) shall be highly privileged in the House of Representatives and
privileged in the Senate; and
(C) AMENDMENTS AND MOTIONS NOT IN ORDER- The motion to proceed to the
consideration of the joint resolution shall not be subject to--
(ii) a motion to postpone; or
(iii) a motion to proceed to the consideration of other
business.
(D) MOTION TO RECONSIDER NOT IN ORDER- A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall not be in
order.
(E) BUSINESS UNTIL DISPOSITION- If a motion to proceed to the
consideration of the joint resolution is agreed to, the joint resolution
shall remain the unfinished business of the House concerned until disposed
of.
(2) LIMITATIONS ON DEBATE-
(A) IN GENERAL- Debate on the joint resolution, and on all debatable
motions and appeals in connection with the joint resolution, shall be
limited to not more than 10 hours, which shall be divided equally between
those favoring and those opposing the joint resolution.
(B) FURTHER DEBATE LIMITATIONS- A motion to limit debate shall be in
order and shall not be debatable.
(C) AMENDMENTS AND MOTIONS NOT IN ORDER- An amendment to, a motion to
postpone, a motion to proceed to the consideration of other business, a
motion to recommit the joint resolution, or a motion to reconsider the
vote by which the joint resolution is agreed to or disagreed to shall not
be in order.
(3) VOTE ON FINAL PASSAGE- Immediately following the conclusion of the
debate on a joint resolution, and a single quorum call at the conclusion of
the debate if requested in accordance with the rules of the House concerned,
the vote on final passage of the joint resolution shall occur.
(4) RULINGS OF THE CHAIR ON PROCEDURE- An appeal from a decision of the
Chair relating to the application of the rules of the Senate or House of
Representatives, as the case may be, to the procedure relating to a joint
resolution shall be decided without debate.
(e) COORDINATION WITH ACTION BY OTHER HOUSE- If, before the passage by 1
House of a joint resolution of that House, that House receives from the other
House a joint resolution, the following procedures shall apply:
(1) NO COMMITTEE REFERRAL- The joint resolution of the other House shall
not be referred to a committee.
(2) FLOOR PROCEDURE- With respect to a joint resolution of the House
receiving the joint resolution--
(A) the procedure in that House shall be the same as if no joint
resolution had been received from the other House; but
(B) the vote on final passage shall be on the joint resolution of the
other House.
(3) DISPOSITION OF JOINT RESOLUTIONS OF RECEIVING HOUSE- On disposition
of the joint resolution received from the other House, it shall no longer be
in order to consider the joint resolution originated in the receiving
House.
(f) PROCEDURES AFTER ACTION BY BOTH THE HOUSE AND SENATE- If a House
receives a joint resolution from the other House after the receiving House has
disposed of a joint resolution originated in that House, the action of the
receiving House with regard to the disposition of the joint resolution
originated in that House shall be deemed to be the action of the receiving
House with regard to the joint resolution originated in the other House.
(g) RULEMAKING POWER- This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and House of
Representatives, respectively, and as such this section--
(A) is deemed to be a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be followed in that
House in the case of a joint resolution; and
(B) supersedes other rules only to the extent that this paragraph is
inconsistent with those rules; and
(2) with full recognition of the constitutional right of either House to
change the rules (so far as the rules relate to the procedure of that House)
at any time, in the same manner and to the same extent as in the case of any
other rule of that House.
SEC. 129. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in subsection (b), this subtitle takes
effect on the date of enactment of this Act.
(b) EXISTING SANCTIONS- In the case of any unilateral agricultural
sanction or unilateral medical sanction that is in effect as of the date of
enactment of this Act, this subtitle takes effect 180 days after the date of
enactment of this Act.
TITLE II--ECONOMIC ASSISTANCE
Subtitle A--Assistance Authorities
SEC. 201. DEVELOPMENT ASSISTANCE POLICY.
Section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b))
is amended by adding the following at the end thereof:
`(17) Economic reform and development of effective institutions of
democratic governance are mutually reinforcing. The successful transition of
a developing country is dependent upon the quality of its economic and
governance institutions. Rule of law, mechanisms of accountability and
transparency, security of person, property, and investments, are but a few
of the critical governance and economic reforms that underpin the
sustainability of broad-based economic growth. Programs in support of such
reforms strengthen the capacity of people to hold their governments
accountable and to create economic opportunity.'.
SEC. 202. CONTINGENCIES.
Section 451(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2261(a)(1)) is amended by striking `25,000,000' and inserting
`$50,000,000'.
SEC. 203. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC
ASSISTANCE.
Section 482 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291a) is
amended by adding at the end thereof the following new subsection:
`(h) PROVISION OF NARCOTICS-RELATED ASSISTANCE- Narcotics-related
assistance under this part (other than this chapter) may be provided
notwithstanding any provision of law that restricts assistance to foreign
countries (other than section 490(e) or section 502B), if at least 15 days
before obligating funds for such assistance, the President notifies the
appropriate congressional committees in accordance with the procedures
applicable to reprogramming notifications under section 634A.'.
SEC. 204. WORKING CAPITAL FUND.
Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C. 2395) is
amended by adding at the end the following new subsection:
`(l)(1) There is established a working capital fund (in this subsection
referred to as the `fund') for the United States Agency for International
Development (in this subsection referred to as the `Agency') which shall be
available without fiscal year limitation for the expenses of personal and
nonpersonal services, equipment, and supplies for--
`(A) international cooperative administrative support services;
and
`(B) rebates from the use of United States Government credit
cards.
`(2) The capital of the fund shall consist of--
`(A) the fair and reasonable value of such supplies, equipment, and
other assets pertaining to the functions of the fund as the Administrator
determines, and
`(B) any appropriations made available for the purpose of providing
capital,
minus related liabilities.
`(3) The fund shall be reimbursed or credited with advance payments for
services, equipment, or supplies provided from the fund from applicable
appropriations and funds of the Agency, other Federal agencies and other
sources authorized by section 607 at rates that will recover total expenses of
operation, including accrual of annual leave and depreciation. Receipts from
the disposal of, or payments for the loss or damage to, property held in the
fund, rebates, reimbursements, refunds and other credits applicable to the
operation of the fund may be deposited in the fund.
`(4) At the close of each fiscal year the Administrator of the Agency
shall transfer out of the fund to the miscellaneous receipts account of the
Treasury of the United States such amounts as the Administrator determines to
be in excess of the needs of the fund.
`(5) The fund may be charged with the current value of supplies and
equipment returned to the working capital of the fund by a post, activity, or
agency, and the proceeds shall he credited to current applicable
appropriations.'.
SEC. 205. CERTIFICATIONS REGARDING ADHERENCE TO POPULATION PLANNING
ASSISTANCE LAWS.
Section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection
(g):
`(g) TREATMENT OF VIOLATIONS OF UNITED STATES POPULATION PLANNING
ASSISTANCE LAWS-
`(1) CERTIFICATION REQUIRED- An organization shall be eligible for
population planning assistance in a fiscal year if, prior to the initial
disbursement of such assistance in that fiscal year to the organization, the
AID Administrator determines and certifies to the appropriate congressional
committees that the organization--
`(A) has not used population planning assistance in violation of
subsection (f) during the preceding fiscal year; and
`(B) has adequate internal accounting controls to prevent the use of
population planning assistance in violation of subsection (f).
`(2) SUSPENSION OF ELIGIBILITY FOR ASSISTANCE UNDER THE ACT- An
organization that the AID Administrator determines has used population
planning assistance in violation of subsection (f) shall be ineligible to
receive assistance of any kind under this Act for a period of 10 years from
the date of the determination.
`(3) DEFINITIONS- In this subsection:
`(A) AID ADMINISTRATOR- The term `AID Administrator' means the
Administrator of the United States Agency for International
Development.
`(B) 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
International Relations and the Committee on Appropriations of the House
of Representatives.
`(C) ORGANIZATION- The term `organization' means any organization
providing population planning assistance and includes any grantee,
subgrantee, contractor, or subcontractor of an agency of the United
States.
`(D) POPULATION PLANNING ASSISTANCE- The term `population planning
assistance' means assistance under subsection (b).'.
SEC. 206. FUNDING OF CERTAIN ENVIRONMENTAL ASSISTANCE ACTIVITIES OF
USAID.
(a) ALLOCATION OF FUNDS FOR CERTAIN ENVIRONMENTAL ACTIVITIES- Of the
amounts authorized to be appropriated for the fiscal year 2001 to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.; relating to development assistance), there is authorized to be available
at least $60,200,000 to carry out activities of the type carried out by the
Global Environment Center of the United States Agency for International
Development during fiscal year 2000.
(b) ALLOCATION FOR WATER AND COASTAL RESOURCES- Of the amounts made
available under subsection (a), at least $2,500,000 shall be available for
water and coastal resources activities under the natural resources management
function specified in that subsection.
SEC. 207. FUNDING OF CERTAIN ASSISTANCE ACTIVITIES IN EAST TIMOR.
Of the amounts authorized to be appropriated for the fiscal year 2001 to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.; relating to development assistance), there is authorized to be
available $25,000,000 for assistance to East Timor for the purpose of--
(1) restoring and expanding of productive economic activity and exports
in the coffee sector;
(2) enabling indigenous civil society organizations to participate in
relief and reconstruction activities;
(3) supporting community-led reconstruction, development, and employment
projects;
(4) developing or reviving media outlets; and
(5) demobilizing and reintegrating the militia.
SEC. 208. AVAILABILITY OF ESF ASSISTANCE FOR CERTAIN ASSISTANCE ACTIVITIES
FOR THE HORN OF AFRICA.
Section 6(h) of the Horn of Africa Recovery and Food Security Act (Public
Law 102-274) is amended--
(1) by striking `assistance) and' and inserting `assistance),';
and
(2) by inserting `, and chapter 4 of part II (relating to economic
support fund assistance)' immediately before `of the Foreign'.
SEC. 209. ALLOCATION OF ASSISTANCE FOR SUB-SAHARAN AFRICA.
(a) IN GENERAL- The total amount of development assistance made available
for fiscal year 2001 for sub-Saharan Africa shall bear the same proportion to
the total amount of development assistance made available for that fiscal year
as the total amount of development assistance for sub-Saharan Africa made
available for fiscal year 2000 bears to the total amount of development
assistance made available for fiscal year 2000.
(b) DEFINITION- In this section, the term `development assistance' means
assistance provided under chapter 1, 10, or 11 of part I of the Foreign
Assistance Act of 1961.
SEC. 210. NONMILITARY EDUCATION AND ANTI-CORRUPTION ASSISTANCE.
Section 638 of the Foreign Assistance Act of 1961 (22 U.S.C. 2398) is
amended by adding at the end the following subsection:
`(c) Notwithstanding any provision of law that restricts assistance to a
foreign country (other than section 490(e) or section 620A), funds made
available to carry out the provisions of part I of this Act may be furnished
for assistance for nonmilitary education programs and for anticorruption
programs.'.
Subtitle B--International Disaster Assistance
SEC. 211. AUTHORITY TO PROVIDE RECONSTRUCTION ASSISTANCE.
Section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) is
amended--
(1) in subsection (a), by striking `for the relief and rehabilitation of
people and countries affected by such disasters' and inserting `for the
relief, rehabilitation, and reconstruction of countries affected by such
disasters, including the relief of people in such countries';
(2) in subsection (b), by striking `and rehabilitation' and inserting `,
rehabilitation, and reconstruction'; and
(3) in subsection (c), by striking `and rehabilitation' and inserting `,
rehabilitation, and reconstruction'.
SEC. 212. PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF HUMANITARIAN
ASSISTANCE ABROAD BY THE DEPARTMENT OF DEFENSE.
(a) PRIORITY FOR DISASTER RELIEF ASSISTANCE- In processing applications
for the transportation of humanitarian assistance abroad under section 402 of
title 10, United States Code, the Administrator of the United States Agency
for International Development shall afford a priority to applications for the
transportation of disaster relief assistance.
(b) MODIFICATION OF APPLICATIONS- The Administrator of the United States
Agency for International Development shall take all possible actions to assist
applicants for the transportation of humanitarian assistance abroad under such
section 402 in modifying or completing applications submitted under such
section in order to meet applicable requirements under such section. The
actions shall include efforts to contact such applicants for purposes of the
modification or completion of such applications.
Subtitle C--Sudan Peace Act
SEC. 221. SHORT TITLE.
This subtitle may be cited as the `Sudan Peace Act'.
SEC. 222. FINDINGS.
Congress makes the following findings:
(1) With clear indications that the Government of Sudan intends to
intensify its prosecution of the war against areas outside of its control,
which has already cost nearly 2,000,000 lives and has displaced more than
4,000,000, a sustained and coordinated international effort to pressure
combatants to end hostilities and to address the roots of the conflict
offers the best opportunity for a comprehensive solution to the continuing
war in Sudan.
(2) A viable, comprehensive, and internationally sponsored peace
process, protected from manipulation, presents the best chance for a
permanent resolution of the war, protection of human rights, and a
self-sustaining Sudan.
(3) Continued strengthening of humanitarian relief operations in Sudan
is an essential element in the effort to bring an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas of Sudan
outside of the control of the Government of Sudan, the absence of credible
civil authority and institutions is a major impediment to achieving
self-sustenance by the Sudanese people and to meaningful progress toward a
viable peace process.
(6) Through manipulation of traditional rivalries among peoples in areas
outside their full control, the Government of Sudan has effectively used
divide and conquer techniques to subjugate their population, and Congress
finds that internationally sponsored reconciliation efforts have played a
critical role in reducing the tactic's effectiveness and human
suffering.
(7) The Government of Sudan is increasingly utilizing and organizing
militias, Popular Defense Forces, and other irregular troops for raiding and
slaving parties in areas outside of the control of the Government of Sudan
in an effort to severely disrupt the ability of those populations to sustain
themselves. The tactic is in addition to the overt use of bans on air
transport relief flights in prosecuting the war through selective starvation
and to minimize the Government of Sudan's accountability
internationally.
(8) The Government of Sudan has repeatedly stated that it intends to use
the expected proceeds from future oil sales to increase the tempo and
lethality of the war against the areas outside its control.
(9) Through its power to veto plans for air transport flights under the
United Nations relief operation, Operation Lifeline Sudan (OLS), the
Government of Sudan has been able to manipulate the receipt of food aid by
the Sudanese people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government of Sudan
to subdue areas of Sudan outside of the Government's control.
(10) The efforts of the United States and other donors in delivering
relief and assistance through means outside OLS have played a critical role
in addressing the deficiencies in OLS and offset the Government of Sudan's
manipulation of food donations to advantage in the civil war in Sudan.
(11) While the immediate needs of selected areas in Sudan facing
starvation have been addressed in the near term, the population in areas of
Sudan outside of the control of the Government of Sudan are still in danger
of extreme disruption of their ability to sustain themselves.
(12) The Nuba Mountains and many areas in Bahr al Ghazal, Upper Nile,
and Blue Nile regions have been excluded completely from relief distribution
by OLS, consequently placing their populations at increased risk of
famine.
(13) At a cost which can exceed $1,000,000 per day, and with a primary
focus on providing only for the immediate food needs of the recipients, the
current international relief operations are neither sustainable nor
desirable in the long term.
(14) The ability of populations to defend themselves against attack in
areas outside the Government of Sudan's control has been severely
compromised by the disengagement of the front-line sponsor states, fostering
the belief within officials of the Government of Sudan that success on the
battlefield can be achieved.
(15) The United States should use all means of pressure available to
facilitate a comprehensive solution to the war, including--
(A) the multilateralization of sanctions against the Government of
Sudan with explicit linkage of those sanctions to peace;
(B) the support or creation of viable democratic civil authority and
institutions in areas of Sudan outside government control;
(C) continued active support of people-to-people reconciliation
mechanisms and efforts in areas outside of government control;
(D) the strengthening of the mechanisms to provide humanitarian relief
to those areas;
(E) cooperation among the trading partners of the United States and
within multilateral institutions toward those ends; and
(F) the use of any and all possible unilateral and multilateral
economic and diplomatic tools to compel Ethiopia and Eritrea to end their
hostilities and again assume a constructive stance toward facilitating a
comprehensive solution to the ongoing war in Sudan.
SEC. 223. DEFINITIONS.
(1) GOVERNMENT OF SUDAN- The term `Government of Sudan' means the
National Islamic Front government in Khartoum, Sudan.
(2) IGAD- The term `IGAD' means the Inter-Governmental Authority on
Development.
(3) OLS- The term `OLS' means the United Nations relief operation
carried out by UNICEF, the World Food Program, and participating relief
organizations known as `Operation Lifeline Sudan'.
SEC. 224. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND NEW
TACTICS BY THE GOVERNMENT OF SUDAN.
(A) violations of human rights on all sides of the conflict in
Sudan;
(B) the Government of Sudan's overall human rights record, with regard
to both the prosecution of the war and the denial of basic human and
political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the role of the Government of
Sudan in abetting and tolerating the practice; and
(D) the Government of Sudan's increasing use and organization of
`murahalliin' or `mujahadeen', Popular Defense Forces (PDF), and regular
Sudanese Army units into organized and coordinated raiding and slaving
parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile
regions; and
(2) recognizes that, along with selective bans on air transport relief
flights by the Government of Sudan, the use of raiding and slaving parties
is a tool for creating food shortages and is used as a systematic means to
destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba
peoples in a policy of low-intensity ethnic cleansing.
SEC. 225. SUPPORT FOR THE IGAD PEACE PROCESS.
(a) SENSE OF CONGRESS- Congress hereby--
(1) declares its support for the efforts by executive branch officials
of the United States and the President's Special Envoy for Sudan to lead in
a reinvigoration of the IGAD-sponsored peace process;
(2) calls on IGAD member states, the European Union, the Organization of
African Unity, Egypt, and other key states to support the peace process;
and
(3) urges Kenya's leadership in the implementation of the process.
(b) RELATION TO UNITED STATES DIPLOMACY- It is the sense of Congress that
any such diplomatic efforts toward resolution of the conflict in Sudan are
best made through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994, and that the President should not
create any process or diplomatic facility or office which could be viewed as a
parallel or competing diplomatic track.
(c) UNITED STATES DIPLOMATIC SUPPORT- The Secretary of State is authorized
to utilize the personnel of the Department of State for the support of--
(1) the secretariat of IGAD;
(2) the ongoing negotiations between the Government of Sudan and
opposition forces;
(3) any peace settlement planning to be carried out by the National
Democratic Alliance and IGAD Partners' Forum (IPF); and
(4) other United States diplomatic efforts supporting a peace process in
Sudan.
SEC. 226. INCREASED PRESSURE ON COMBATANTS.
It is the sense of Congress that the President, acting through the United
States Permanent Representative to the United Nations, should--
(1) sponsor a resolution in the United Nations Security Council to
investigate the practice of slavery in Sudan and provide recommendations on
measures for its eventual elimination;
(2) sponsor a condemnation of the human rights practices of the
Government of Sudan at the United Nations conference on human rights in
Geneva in 2000;
(3) press for implementation of the recommendations of the United
Nations Special Rapporteur for Sudan with respect to human rights monitors
in areas of conflict in Sudan;
(4) press for UNICEF, International Committee of the Red Cross, or the
International Federation of Red Cross and Red Crescent Societies, or other
appropriate international organizations or agencies to maintain a registry
of those individuals who have been abducted or are otherwise held in bondage
or servitude in Sudan;
(5) sponsor a condemnation of the Government of Sudan each time it
subjects civilian populations to aerial bombardment; and
(6) sponsor a resolution in the United Nations General Assembly
condemning the human rights practices of the Government of Sudan.
SEC. 227. REPORTING REQUIREMENT.
Beginning 3 months after the date of enactment of this Act, and every 3
months thereafter, the President shall submit a report to Congress on--
(1) the specific sources and current status of Sudan's financing and
construction of oil exploitation infrastructure and pipelines;
(2) the extent to which that financing was secured in the United States
or with involvement of United States citizens;
(3) such financing's relation to the sanctions described in subsection
(a) and the Executive Order of November 3, 1997;
(4) the extent of aerial bombardment by the Government of Sudan forces
in areas outside its control, including targets, frequency, and best
estimates of damage;
(5) the number, duration, and locations of air strips or other
humanitarian relief facilities to which access is denied by any party to the
conflict; and
(6) the status of the IGAD-sponsored peace process and any other ongoing
effort to end the conflict, including the specific and verifiable steps
taken by parties to the conflict, the members of the IGAD Partners Forum,
and the members of IGAD toward a comprehensive solution to the war.
SEC. 228. REFORM OF OPERATION LIFELINE SUDAN (OLS).
It is the sense of Congress that the President should organize and
maintain a formal consultative process with the European Union, its member
states, the members of the United Nations Security Council, and other relevant
parties on coordinating an effort within the United Nations to revise the
terms of OLS to end the veto power of the Government of Sudan over the plans
by OLS for air transport relief flights.
SEC. 229. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) FINDING- Congress recognizes the progress made by officials of the
executive branch of Government toward greater utilization of non-OLS agencies
for more effective distribution of United States relief contributions.
(b) SENSE OF CONGRESS- It is the sense of Congress that the President
should continue to increase the use of non-OLS agencies in the distribution of
relief supplies in southern Sudan.
(c) REPORT- Not later than 90 days after the date of enactment of this
Act, the President shall submit a detailed report to Congress describing the
progress made toward carrying out subsection (b).
SEC. 230. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) PLAN- The President shall develop a detailed and implementable
contingency plan to provide, outside United Nations auspices, the greatest
possible amount of United States Government and privately donated relief to
all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and
Blue Nile, in the event the Government of Sudan imposes a total, partial, or
incremental ban on OLS air transport relief flights.
(b) ELEMENT OF PLAN- The plan developed under subsection (a) shall include
coordination of other donors in addition to the United States Government and
private institutions.
(c) REPORT- Not later than 2 months after the date of enactment of this
Act, the President shall submit a classified report to Congress on the costs
and startup time such a plan would require in the event of a total ban on air
transport relief flights or in the event of a partial or incremental ban on
such flights.
(d) REPROGRAMMING AUTHORITY- Notwithstanding any other provision of law,
in carrying out the plan developed under subsection (a), the President may
reprogram up to 100 percent of the funds available for support of OLS
operations (but for this subsection) for the purposes of the plan.
SEC. 231. NEW AUTHORITY FOR USAID'S SUDAN TRANSITION ASSISTANCE FOR
REHABILITATION (STAR) PROGRAM.
(a) SENSE OF CONGRESS- Congress hereby expresses its support for the
President's ongoing efforts to diversify and increase effectiveness of United
States assistance to populations in areas of Sudan outside of the control of
the Government of Sudan, especially the long-term focus shown in the Sudan
Transition Assistance for Rehabilitation (STAR) program with its emphasis on
promoting future democratic governance, rule of law, building indigenous
institutional capacity, promoting and enhancing self-reliance, and actively
supporting people-to-people reconciliation efforts.
(b) ALLOCATION OF FUNDS- Of the amounts made available to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq:, relating to development assistance) for the period beginning on October
1, 2000, and ending on September 30, 2003, $16,000,000 shall be available for
development of a viable civil authority, and civil and commercial
institutions, in Sudan, including the provision of technical assistance, and
for people-to-people reconciliation efforts.
(c) ADDITIONAL AUTHORITIES- Notwithstanding any other provision of law,
the President is granted authority to undertake any appropriate programs using
Federal agencies, contractual arrangements, or direct support of indigenous
groups, agencies, or organizations in areas outside of control of the
Government of Sudan in an effort to provide emergency relief, promote economic
self-sufficiency, build civil authority, provide education, enhance rule of
law and the development of judicial and legal frameworks, support
people-to-people reconciliation efforts, or implementation of any programs in
support of any viable peace agreement at the local, regional, or national
level.
(d) IMPLEMENTATION- It is the sense of Congress that the President should
immediately and to the fullest extent possible utilize the Office of
Transition Initiatives at the Agency for International Development in an
effort to pursue the type of programs described in subsection (c).
(e) SENSE OF CONGRESS- It is the sense of Congress that enhancing and
supporting education and the development of rule of law are critical elements
in the long-term success of United States efforts to promote a viable
economic, political, social, and legal basis for development in Sudan.
Congress recognizes that the gap of 13-16 years without secondary educational
opportunities in southern Sudan is an especially important problem to address
with respect to rebuilding and sustaining leaders and educators for the next
generation of Sudanese. Congress recognizes the unusually important role the
secondary school in Rumbek has played in producing the current generation of
leaders in southern Sudan, and that priority should be given in current and
future development or transition programs undertaken by the United States
Government to rebuilding and supporting the Rumbek Secondary School.
(f) PROGRAMS IN AREAS OUTSIDE GOVERNMENT CONTROL- Congress also intends
that such programs include cooperation and work with indigenous groups in
areas outside of government control in all of Sudan, to include northern,
southern, and eastern regions of Sudan.
SEC. 232. ASSESSMENT AND PLANNING FOR NUBA MOUNTAINS AND OTHER AREAS SUBJECT
TO BANS ON AIR TRANSPORT RELIEF FLIGHTS.
(a) FINDING- Congress recognizes that civilians in the Nuba Mountains, Red
Sea Hills, and Blue Nile regions of Sudan are not receiving assistance through
OLS due to restrictions by the Government of Sudan.
(b) SENSE OF CONGRESS- It is the sense of Congress that the President
should--
(1) conduct comprehensive assessment of the humanitarian needs in the
Nuba Mountains, Red Sea Hills, and Blue Nile regions of Sudan;
(2) respond appropriately to those needs based on such assessment;
and
(3) report to Congress on an annual basis on efforts made under
paragraph (2).
SEC. 233. OPTIONS OR PLANS FOR NONLETHAL ASSISTANCE FOR NATIONAL DEMOCRATIC
ALLIANCE PARTICIPANTS.
(a) REPORT- Not later than 90 days after the date of enactment of this
Act, the President shall submit to the appropriate congressional committees a
report, in classified form if necessary, detailing possible options or plans
of the United States Government for the provision of nonlethal assistance to
participants of the National Democratic Alliance.
(b) CONSULTATIONS- Not later than 30 days after submission of the report
required by subsection (a), the President should begin formal consultations
with the appropriate congressional committees regarding the findings of the
report.
(c) DEFINITION- In 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.
Subtitle D--Assistance to Countries With Large Populations Having
HIV/AIDS
SEC. 241. DEFINITIONS.
(1) AIDS- The term `AIDS' means the acquired immune deficiency
syndrome.
(2) ASSOCIATION- The term `Association' means the International
Development Association.
(3) BANK- The term `Bank' or `World Bank' means the International Bank
for Reconstruction and Development.
(4) HIV- The term `HIV' means the human immunodeficiency virus.
(5) HIV/AIDS- The term `HIV/AIDS' means, with respect to an
individual--
(A) an individual having HIV but not AIDS; or
(B) an individual having HIV and AIDS.
SEC. 242. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress makes the following findings:
(1) According to statistics of the World Bank, more than 90 percent of
all adults and children with HIV/AIDS live in the developing world--62
percent in sub-Saharan Africa, 24 percent in Asia, and 6.9 percent in Latin
America and the Caribbean.
(2) According to UNAIDS, nearly 4,500,000 children under 15 years of age
have been infected with HIV since the AIDS epidemic began. More than
3,000,000 have already died of AIDS. Children are becoming infected at about
the rate of 1 child every minute, and the overwhelming majority of these
children acquire the infection from their mothers.
(3) The gap between rich and poor countries in terms of transmission of
HIV from mother to child has been increasing. Moreover, AIDS threatens to
reverse years of steady progress of child survival in developing countries.
UNAIDS believes that by the year 2010, AIDS may have increased mortality of
children under 5 years of age by more than 100 percent in regions most
affected by the virus.
(4) In Africa, the death toll from AIDS has reached 13,000,000, while
23,000,000 others live with the disease, and more than 10,000,000 children
have been infected or orphaned by it.
(5) The World Bank, declaring AIDS not just a public health problem but
the `foremost and fastest-growing threat to development' in Africa, has
launched a new strategy for HIV/AIDS in Africa, declaring it a top priority
for the World Bank on that continent.
(6) AIDS, like all diseases, knows no boundaries, and there is no
certitude that the scale of the problem in one continent can be contained
within that region.
(7) Accordingly, United States financial support for medical research,
education, and disease containment as a global strategy has beneficial
ramifications for millions of Americans and their families who are affected
by this disease, and the entire population which is potentially
susceptible.
(8) The discovery of a relatively simple and cheap means of interrupting
the transmission of HIV from an infected mother to the unborn child--namely
with nevirapine (NVP), which costs US$4 a tablet--has created a great
opportunity for an unprecedented partnership between the United States
Government and the governments of Asian, African and Latin American
countries to combat mother-to-child transmission (also known as `vertical
transmission') of HIV.
(9) According to UNAIDS, this strategy will decrease the proportion of
orphans that are HIV-infected and decrease infant and child mortality rates
in these developing regions.
(10) At current infection and growth rates for HIV/AIDS, the National
Intelligence Council estimates that the number of AIDS orphans worldwide
will increase dramatically, potentially increasing threefold or more in the
next 10 years, contributing to economic decay, social fragmentation, and
political destabilization in already volatile and strained societies.
Children without care or hope are often drawn into prostitution, crime,
substance abuse, or child soldiery.
(11) Donors must focus on adequate preparations for the explosion in the
number of orphans and the burden they will place on families, communities,
economies, and governments. Support structures and incentives for families,
communities, and institutions which will provide care for children orphaned
by HIV/AIDS, or for the children who are themselves infected by HIV/AIDS,
will be essential.
(12) A mother-to-child antiretroviral drug strategy can be a force for
social change, providing the opportunity and impetus needed to tackle often
long-standing problems of inadequate services and the profound stigma
associated with HIV-infection and the AIDS disease. Strengthening the health
infrastructure to improve mother-and-child health, antenatal, delivery and
postnatal services, and couples counseling generates enormous spillover
effects toward combating the AIDS epidemic in developing regions.
(b) PURPOSES- The purposes of this subtitle are to--
(1) prevent human suffering; and
(2) ensure the viability of economic development, stability, and
national security in the developing world by advancing research to--
(A) understand the causes associated with HIV/AIDS in developing
countries; and
(B) assist in the development of an AIDS vaccine.
SEC. 243. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS.
(a) ASSISTANCE FOR PREVENTION OF HIV/AIDS AND VERTICAL TRANSMISSION-
Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is
amended by adding at the end the following new paragraphs:
`(4)(A) Congress recognizes the growing international dilemma of children
with the human immunodeficiency virus (HIV) and the merits of intervention
programs aimed at this problem. Congress further recognizes that
mother-to-child transmission prevention strategies can serve as a major force
for change in developing regions, and it is, therefore, a major objective of
the foreign assistance program to control the acquired immune deficiency
syndrome (AIDS) epidemic.
`(B) The agency primarily responsible for administering this part
shall--
`(i) coordinate with UNAIDS, UNICEF, WHO, local governments, and other
organizations to develop and implement effective strategies to prevent
vertical transmission of HIV; and
`(ii) coordinate with those organizations to increase in scale
intervention programs and introduce voluntary counseling and testing,
antiretroviral drugs, replacement feeding, and other strategies.
`(5)(A) Congress expects the agency primarily responsible for
administering this part to make the human immunodeficiency virus (HIV) and the
acquired immune deficiency syndrome (AIDS) a priority in the foreign
assistance program and to undertake a comprehensive, coordinated effort to
combat HIV and AIDS.
`(B) Assistance described in subparagraph (A) shall include providing--
`(i) primary prevention and education;
`(ii) voluntary testing and counseling;
`(iii) medications to prevent the transmission of HIV and AIDS from
mother to child; and
`(iv) care for those living with HIV or AIDS.
`(6)(A) In addition to amounts otherwise available for such purpose, there
is authorized to be appropriated to the President $300,000,000 for fiscal year
2001 to carry out paragraphs (4) and (5).
`(B) Of the funds authorized to be appropriated under subparagraph (A),
not less than 65 percent is authorized to be available through United States
and foreign nongovernmental organizations, including private and voluntary
organizations, for-profit organizations, religious affiliated organizations,
educational institutions, and research facilities.
`(C)(i) Of the funds authorized to be appropriated by subparagraph (A),
not less than 20 percent is authorized to be available for programs as part of
a multidonor strategy to address the support and education of orphans in
sub-Saharan Africa, including AIDS orphans.
`(ii) Assistance made available under this subparagraph may be made
available notwithstanding any other provision of law.
`(D) Of the funds authorized to be appropriated under subparagraph (A),
not less than 8.3 percent is authorized to be available to carry out the
prevention strategies for vertical transmission referred to in paragraph
(4)(A).
`(E) Of the funds authorized to be appropriated by subparagraph (A), not
more than 7 percent may be used for the administrative expenses of the agency
primarily responsible for carrying out this part of this Act in support of
activities described in paragraphs (4) and (5).
`(F) Funds appropriated under this paragraph are authorized to remain
available until expended.'.
(b) TRAINING AND TRAINING FACILITIES IN SUB-SAHARAN AFRICA- Section
496(i)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2293(i)(2)) is
amended by adding at the end the following new sentence: `In addition,
providing training and training facilities, in sub-Saharan Africa, for doctors
and other health care providers, notwithstanding any provision of law that
restricts assistance to foreign countries.'.
SEC. 244. VOLUNTARY CONTRIBUTION TO GLOBAL ALLIANCE FOR VACCINES AND
IMMUNIZATIONS AND INTERNATIONAL AIDS VACCINE INITIATIVE.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 302 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2222) is amended by adding at the end the following new
subsections:
`(j) In addition to amounts otherwise available under this section, there
is authorized to be appropriated to the President $50,000,000 for fiscal year
2001 to be available only for United States contributions to the Global
Alliance for Vaccines and Immunizations.
`(k) In addition to amounts otherwise available under this section, there
is authorized to be appropriated to the President $10,000,000 for fiscal year
2001 to be available only for United States contributions to the International
AIDS Vaccine Initiative.'.
(b) REPORT- At the close of fiscal year 2001, the President shall submit a
report to the appropriate congressional committees on the effectiveness of the
Global Alliance for Vaccines and Immunizations and the International AIDS
Vaccine Initiative during that fiscal year in meeting the goals of--
(1) improving access to sustainable immunization services;
(2) expanding the use of all existing, safe, and cost-effective vaccines
where they address a public health problem;
(3) accelerating the development and introduction of new vaccines and
technologies;
(4) accelerating research and development efforts for vaccines needed
primarily in developing countries; and
(5) making immunization coverage a centerpiece in international
development efforts.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In subsection (b), the
term `appropriate congressional committees' means the Committee on Foreign
Relations of the Senate and the Committee on International Relations of the
House of Representatives.
SEC. 245. MULTILATERAL LIFESAVING VACCINE PURCHASE FUND.
(a) NEGOTIATIONS- The President should enter into negotiations with
officials of foreign governments and other interested parties for the
establishment of an international vaccine purchase fund that would--
(1) accept contributions from governments of developed countries;
(2) use such contributions to purchase and distribute in developing
countries vaccines for--
(D) any infectious disease (of a single etiology) which causes the
deaths of over 1,000,000 people worldwide each year; and
(3) be a significant market incentive for private sector vaccine
research.
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
and annually thereafter, the President shall submit a report to Congress
on--
(1) the status of negotiations under subsection (a); and
(2) if such fund is established, any recommendations for further
action.
SEC. 246. WORLD BANK TRUST FUND FOR AIDS PREVENTION AND ERADICATION.
(a) NEGOTIATIONS FOR THE CREATION OF A WORLD BANK TRUST FUND TO ASSIST IN
AIDS PREVENTION AND ERADICATION- The Secretary of the Treasury shall enter
into negotiations with the World Bank or the Association, with the member
nations of such institutions, and with other interested parties for the
creation of a trust fund, to be administered by the Bank or the Association,
as appropriate, which would--
(1) accept contributions from governments, the private sector, and
nongovernmental entities of all kinds; and
(2) use such contributions to address the AIDS epidemic in countries
eligible to borrow from the Association.
(b) AUTHORIZATION OF APPROPRIATIONS- In addition to any other funds
authorized to be appropriated for multilateral or bilateral programs related
to AIDS, there is authorized to be appropriated to the President $100,000,000
for fiscal year 2001 for payment to the trust fund established as a result of
the negotiations entered into pursuant to subsection (a).
(c) REPORT TO CONGRESS- Beginning 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary of the Treasury shall submit
to the Committees on Banking and Financial Services and on International
Relations of the House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and on Foreign Relations of the Senate a written
report on the trust fund established pursuant to subsection (a), the goals of
the trust fund, the programs, projects, and activities, including any
vaccination approaches, supported by the trust fund, and the effectiveness of
such programs, projects, and activities in reducing the worldwide spread of
AIDS.
SEC. 247. NEGOTIATIONS FOR THE CREATION OF A WORLD BANK TRUST FUND FOR
EDUCATION OF ORPHANS IN SUB-SAHARAN AFRICA.
(a) NEGOTIATIONS- The Secretary of the Treasury shall enter into
negotiations with the World Bank or the Association, with member nations of
such institutions, and with other interested parties, for the creation of a
trust fund which could accept contributions from governments, the private
sector, and nongovernmental entities of all kinds, and use such contributions
to provide support for or the establishment of programs which provide primary
and secondary education for orphans in sub-Saharan Africa.
(b) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise
available for the purposes of subsection (a), there is authorized to be
appropriated to the President $50,000,000 for the fiscal year 2001 for payment
to the trust fund established as a result of the negotiations entered into
pursuant to subsection (a).
SEC. 248. COORDINATED DONOR STRATEGY FOR SUPPORT AND EDUCATION OF ORPHANS IN
SUB-SAHARAN AFRICA.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--
(1) by redesignating the second section 129 (as added by section 4 of
the Torture Victims Relief Act of 1998 (Public Law 105-320)) as section 130;
and
(2) by adding at the end the following new section:
`SEC. 131. COORDINATED DONOR STRATEGY FOR SUPPORT AND EDUCATION OF ORPHANS
IN SUB-SAHARAN AFRICA.
`(a) STATEMENT OF POLICY- It is in the national interest of the United
States to assist in mitigating the burden that will be placed on sub-Saharan
African social, economic, and political institutions as these institutions
struggle with the consequences of a dramatically increasing AIDS orphan
population, many of whom are themselves infected by HIV/AIDS. Effectively
addressing that burden and its consequences in sub-Saharan Africa will require
a coordinated multidonor strategy.
`(b) DEVELOPMENT OF STRATEGY- The President shall coordinate the
development of a multidonor strategy to provide for the support and education
of AIDS orphans and the families, communities, and institutions most affected
by the HIV/AIDS epidemic in sub-Saharan Africa.
`(c) DEFINITION- In this section, the term `HIV/AIDS' means, with respect
to an individual, an individual who is infected with--
`(1) the human immunodeficiency virus (HIV); or
`(2) HIV and the acquired immune deficiency virus (AIDS).'.
SEC. 249. AFRICAN CRISIS RESPONSE INITIATIVE AND HIV/AIDS TRAINING.
(a) FINDINGS- Congress finds that--
(1) the spread of AIDS constitutes a threat to security in Africa;
(2) civil unrest and war may contribute to the spread of the disease to
different parts of the continent;
(3) the percentage of soldiers in African militaries who are infected
with HIV/AIDS is unknown, but estimates range in some countries as high as
40 percent; and
(4) it is in the interests of the United States to assist the countries
of Africa in combating the spread of HIV/AIDS.
(b) EDUCATION ON THE PREVENTION OF THE SPREAD OF AIDS- In undertaking
education and training programs for military establishments of in African
countries, the United States shall ensure that classroom training under the
African Crisis Response Initiative includes military-based education on the
prevention of the spread of AIDS.
Subtitle E--International Tuberculosis Control
SEC. 251. SHORT TITLE.
This subtitle may be cited as the `International Tuberculosis Control Act
of 2000'.
SEC. 252. FINDINGS.
Congress makes the following findings:
(1) Since the development of antibiotics in the 1950s, tuberculosis has
been largely controlled in the United States and the Western World.
(2) Due to societal factors, including growing urban decay, inadequate
health care systems, persistent poverty, overcrowding, and malnutrition, as
well as medical factors, including the HIV/AIDS epidemic and the emergence
of multi-drug resistant strains of tuberculosis, tuberculosis has again
become a leading and growing cause of adult deaths in the developing
world.
(3) According to the World Health Organization--
(A) in 1998, about 1,860,000 people worldwide died of
tuberculosis-related illnesses;
(B) one-third of the world's total population is infected with
tuberculosis; and
(C) tuberculosis is the world's leading killer of women between 15 and
44 years old and is a leading cause of children becoming orphans.
(4) Because of the ease of transmission of tuberculosis, its
international persistence and growth pose a direct public health threat to
those nations that had previously largely controlled the disease. This is
complicated in the United States by the growth of the homeless population,
the rate of incarceration, international travel, immigration, and
HIV/AIDS.
(5) With nearly 40 percent of the tuberculosis cases in the United
States attributable to foreign-born persons, tuberculosis will never be
controlled in the United States until it is controlled abroad.
(6) The means exist to control tuberculosis through screening,
diagnosis, treatment, patient compliance, monitoring, and ongoing review of
outcomes.
(7) Efforts to control tuberculosis are complicated by several barriers,
including--
(A) the labor intensive and lengthy process involved in screening,
detecting, and treating the disease;
(B) a lack of funding, trained personnel, and medicine in virtually
every nation with a high rate of the disease;
(C) the unique circumstances in each country, which requires the
development and implementation of country-specific programs; and
(D) the risk of having a bad tuberculosis program, which is worse than
having no tuberculosis program because it would significantly increase the
risk of the development of more widespread drug-resistant strains of the
disease.
(8) Eliminating the barriers to the international control of
tuberculosis through a well-structured, comprehensive, and coordinated
worldwide effort would be a significant step in dealing with the increasing
public health problem posed by the disease.
SEC. 253. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, AND
ELIMINATION.
Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)),
as amended by section 243(a) of this Act, is further amended by adding at the
end the following:
`(7)(A) Congress recognizes the growing international problem of
tuberculosis and the impact its continued existence has on those nations that
had previously largely controlled the disease. Congress further recognizes
that the means exist to control and treat tuberculosis, and that it is
therefore a major objective of the foreign assistance program to control the
disease. To this end, Congress expects the agency primarily responsible for
administering this part--
`(i) to coordinate with the World Health Organization, the Centers for
Disease Control, the National Institutes of Health, and other organizations
toward the development and implementation of a comprehensive tuberculosis
control program; and
`(ii) to set as a goal the detection of at least 70 percent of the cases
of infectious tuberculosis, and the cure of at least 85 percent of the cases
detected, in those countries in which the agency has established development
programs, by December 31, 2010.
`(B) There is authorized to be appropriated to the President, $60,000,000
for fiscal year 2001 to be used to carry out this paragraph. Funds
appropriated under this subparagraph are authorized to remain available until
expended.'.
Subtitle F--Global Opportunities For Biotechnology In
Agriculture
SEC. 261. SHORT TITLE.
This subtitle may be cited as the `Advancing the Global Opportunities for
Biotechnology in Agriculture Act of 2000'.
SEC. 262. FINDINGS.
Congress makes the following findings:
(1) Biotechnology in the agricultural sector holds the prospect for
substantial benefits to mankind in a number of critical areas.
(2) Enhanced crop yields resulting from the use of agricultural
biotechnology will help in feeding a growing world population, especially in
developing countries.
(3) Healthier bio-engineered foods will assist in combating diseases
specific to the developing world that arise from vitamin and other
nutritional deficiencies.
(4) Pest and disease resistant crops developed through biotechnology
will preserve and improve the environment by reducing the need for
herbicides and pesticides.
(5) Greater agricultural yields will preserve the environment by
minimizing the need for additional farmland to feed and clothe the world's
growing population.
(6) Ensuring that these benefits, the underlying scientific information,
and the regulatory framework for managing this technology are shared
globally is imperative and should be an integral part of United States
foreign assistance programs.
SEC. 263. INTERNATIONAL EDUCATIONAL PROGRAMS.
Of the funds appropriated to carry out sections 103 through 106, and
chapter 10 of part I of the Foreign Assistance Act of 1961 for fiscal year
2001, $6,000,000 is authorized to be appropriated to the President for
programs and projects designed to educate government officials in developing
countries regarding the use of biotechnology in the agricultural sector and
the regulatory procedures used by the United States with respect to
agricultural products using biotechnology. The programs and activities shall
encourage acceptance by those countries of products approved under the United
States regulatory system or, in the case of countries which choose to
establish a national regulatory system based on science, to encourage adoption
of domestic approval processes based on objective scientific principles. The
programs and activities shall include the following:
(1) TECHNICAL EXCHANGE PROGRAM FOR FOREIGN OFFICIALS- The President
shall carry out a technical exchange program that brings to the United
States appropriate foreign officials for the purpose of educating them about
the scientific process underlying biotechnology and the regulatory approval
system employed in the United States for biotechnology products, and to seek
answers to any questions they or their citizens may have regarding the
safety of biotechnology, particularly in agricultural products.
(2) TECHNICAL EXCHANGE PROGRAM FOR UNITED STATES BIOTECHNOLOGY EXPERTS-
The President shall carry out a technical exchange program that sends United
States experts in the field of biotechnology in the agriculture sector to
foreign capitals to provide information on the scientific process underlying
biotechnology, the regulatory approval system employed in the United States
to approve agricultural products produced with biotechnology, and to respond
to any questions the officials in foreign countries or their citizens may
have regarding the safety of biotechnology, particularly in the agriculture
sector.
SEC. 264. DEVELOPMENT OF EXPERTISE IN BIOTECHNOLOGY IN THE UNITED STATES
AGENCY FOR INTERNATIONAL DEVELOPMENT.
In order to carry out the programs and activities in section 263, the
President shall establish a group of experts within the United States Agency
for International Development to carry out these programs. To maximize its
effectiveness, this group should draw on the expertise, as appropriate, of
regulatory officials in the Environmental Protection Agency, the Food and Drug
Administration, and the United States Department of Agriculture, as well as
appropriate officials from the Department of State.
SEC. 265. COORDINATED FEDERAL STRATEGY.
(a) COORDINATION- The President shall establish an interagency process for
all relevant executive branch agencies, including the United States Department
of Agriculture, the Office of the United States Trade Representative, the
Department of State, the United States Agency for International Development,
the Department of Commerce, the Food and Drug Administration, and the
Environmental Protection Agency, to coordinate efforts and to generate support
for the acceptance of agricultural biotechnology. United States policies must
stress the prominence of science as the foundation for regulatory
decision-making and work aggressively in international fora such as the World
Trade Organization, the Organization for Economic Cooperation and Development,
the World Health Organization, including its CODEX Alimentarius, and the
United Nations, to advocate for science-based decision making.
(b) STANDARDS FOR FOOD AID- The Agency for International Development and
the United States Department of Agriculture should work to ensure that all
food and grain products that meet United States health and safety requirements
are acceptable to foreign countries under relevant food aid programs.
SEC. 266. SENSE OF THE CONGRESS.
It is the sense of the Congress that the Secretary of State should work
with United States embassies abroad to develop bilateral support from foreign
governments for the approval of science-based trading regimes in multilateral
forums and organizations.
SEC. 267. DEFINITION.
In the subtitle, the term `President' means the President, acting through
the United States Agency for International Development.
TITLE III--PEACE CORPS OF THE UNITED STATES
SEC. 301. REDESIGNATION OF PEACE CORPS AS PEACE CORPS OF THE UNITED
STATES.
(a) AMENDMENTS TO PEACE CORPS ACT- The Peace Corps Act (22 U.S.C. 2501 et
seq.) is amended--
(1) by striking in the heading of title I `THE PEACE CORPS' and
inserting `THE PEACE CORPS OF THE UNITED STATES';
(2) by striking `PEACE CORPS' in the section headings to sections 2A, 4,
5, 6, 7, and 12 each place it appears and inserting `PEACE CORPS OF THE
UNITED STATES'; and
(3) by striking `Peace Corps' each place it appears and inserting `Peace
Corps of the United States'.
(b) CONFORMING AMENDMENTS- (1) Section 5314 of title 5, United States
Code, is amended by striking `Director of the Peace Corps' and inserting
`Director of the Peace Corps of the United States'.
(2) Section 5315 of title 5, United States Code, is amended by striking
`Deputy Director of the Peace Corps' and inserting `Deputy Director of the
Peace Corps of the United States'.
(3) Section 5316 of title 5, United States Code, is amended--
(A) by striking `Associate Director for Volunteers, Peace Corps' and
inserting `Associate Director for Volunteers, Peace Corps of the United
States'; and
(B) by striking `Associate Director for Program Development and
Operations, Peace Corps' and inserting `Associate Director for Program
Development and Operations, Peace Corps of the United States'.
(c) OTHER REFERENCES- Any reference in law (other than the references
amended in subsections (a) and (b)) on the day before the date of enactment of
this Act to the Peace Corps shall be considered a reference on and after such
date to the Peace Corps of the United States.
TITLE IV--STRENGTHENING ANTICORRUPTION MEASURES AND
ACCOUNTABILITY
SEC. 401. 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, 1999, and
ending September 30, 2003, $600,000,000 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) ACCESS TO CERTAIN INFORMATION AND DOCUMENTS- The Bank and the Fund
have given the Comptroller General access to information and documents of
the Bank and the Fund necessary in order for the Comptroller General to
audit and monitor the operations of such institutions. The Secretary shall
consult with the Comptroller General prior to making a certification under
this subparagraph.
(B) 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.
(C) 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 the
Comptroller General has obtained the access described in paragraph (1)(A) to
information and documents, or that a policy described in paragraph (1)(B) or
(1)(C) 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 and the
Fund in providing such access to the Comptroller General, or in adopting and
implementing such policy, as the case may be.
(3) SUBSEQUENT REPORTING ON DENIAL OF ACCESS-
(A) REPORT REQUIRED- In the event that the Comptroller General is
denied the access described in paragraph (1)(A) to information and
documents of the Bank or the Fund on or after the date specified in
subparagraph (B), the Comptroller General shall submit a report to the
appropriate congressional committees and the Secretary notifying the
committees and the Secretary of such fact.
(B) DATE OF SUBMISSION OF REPORT- The date specified in this
subparagraph is the earlier of--
(i) the date a certification is made under paragraph (1) or, if a
certification cannot be made, the date on which a report is submitted
under paragraph (2); or
(ii) the date that is 30 days after the date of enactment of this
Act.
SEC. 402. 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) INFORMATION TO APPROPRIATE COMMITTEES- Upon the request of the
chairman or ranking minority member of an appropriate congressional committee,
the Secretary shall obtain from the bank and make available to such committee,
on a confidential basis if necessary, data existing at the time of the request
concerning the objectives described in subsection (a). In the event the
Secretary is unable to obtain such existing data within 30 days of such
request, the Secretary shall submit, within an additional period of 30 days, a
report to the appropriate congressional committees setting forth the reasons
for the failure to obtain such data.
(c) 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. 403. 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 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 402(c)(1), 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 401(c)(1)(C) of the Technical
Assistance, Trade Promotion, and Anti-Corruption Act of 2000'.
(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.
(e) REPORT ON OPERATING EXPENSES- Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall submit a report to the
appropriate congressional committees describing the salaries, benefits, and
operating expense account of each international financial institution for the
preceding fiscal year.
SEC. 404. 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. 405. 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) COMPTROLLER GENERAL- The term `Comptroller General' means the
Comptroller General of the United States.
(4) FUND- The term `Fund' means the International Monetary Fund.
(5) INTERNATIONAL FINANCIAL INSTITUTIONS- The term `international
financial institutions' means the multilateral development banks and the
International Monetary Fund.
(6) 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.
(7) SECRETARY- The term `Secretary' means the Secretary of the
Treasury.
TITLE V--SERBIA DEMOCRATIZATION ACT
SEC. 501. SHORT TITLE.
This title may be cited as the `Serbia Democratization Act of 2000'.
SEC. 502. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives.
(2) COMMERCIAL EXPORT- The term `commercial export' means the sale of an
agricultural commodity, medicine, or medical equipment by a United States
seller to a foreign buyer in exchange for cash payment on market terms
without benefit of concessionary financing, export subsidies, government or
government-backed credits or other nonmarket financing arrangements.
(3) INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA OR
TRIBUNAL- The term `International Criminal Tribunal for the former
Yugoslavia' or the `Tribunal' means the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia Since
1991, as established by United Nations Security Council Resolution 827 of
May 25, 1993.
(4) YUGOSLAVIA- The term `Yugoslavia' means the so-called Federal
Republic of Yugoslavia (Serbia and Montenegro), and the term `Government of
Yugoslavia' means the central government of Yugoslavia.
Subtitle A--Support for the Democratic Opposition
SEC. 511. FINDINGS AND POLICY.
(a) FINDINGS- Congress finds the following:
(1) The President of Yugoslavia, Slobodan Milosevic, has consistently
engaged in undemocratic methods of governing.
(2) Yugoslavia has passed and implemented a law strictly limiting
freedom of the press and has acted to intimidate and prevent independent
media from operating inside Yugoslavia.
(3) Although the Yugoslav and Serbian constitutions provide for the
right of citizens to change their government, citizens of Serbia in practice
are prevented from exercising that right by the Milosevic regime's
domination of the mass media and manipulation of the electoral
process.
(4) The Yugoslav government has orchestrated attacks on academics at
institutes and universities throughout the country in an effort to prevent
the dissemination of opinions that differ from official state
propaganda.
(5) The Yugoslav government hinders the formation of nonviolent,
democratic opposition through restrictions on freedom of assembly and
association.
(6) The Yugoslav government uses control and intimidation to control the
judiciary and manipulates the country's legal framework to suit the regime's
immediate political interests.
(7) The Government of Serbia and the Government of Yugoslavia, under the
direction of President Milosevic, have obstructed the efforts of the
Government of Montenegro to pursue democratic and free-market
policies.
(8) At great risk, the Government of Montenegro has withstood efforts by
President Milosevic to interfere with its government and supported the goals
of the United States in the conflict in Kosovo.
(9) The people of Serbia who do not endorse the undemocratic actions of
the Milosevic government should not be the target of criticism that is
rightly directed at the Milosevic regime.
(1) It is the policy of the United States to encourage the development
of a government in Yugoslavia based on democratic principles and the rule of
law and that respects internationally recognized human rights.
(2) It is the sense of Congress that--
(A) the United States should actively support the democratic
opposition in Yugoslavia, including political parties and independent
trade unions, to develop a legitimate and viable alternative to the
Milosevic regime;
(B) all United States Government officials, including individuals from
the private sector acting on behalf of the United States Government,
should meet regularly with representatives of democratic opposition
organizations of Yugoslavia and minimize to the extent practicable any
direct contacts with government officials from Yugoslavia, particularly
President Slobodan Milosevic, who perpetuate the nondemocratic regime in
Yugoslavia; and
(C) the United States should emphasize to all political leaders in
Yugoslavia the importance of respecting internationally recognized human
rights for all individuals residing in Yugoslavia.
SEC. 512. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
YUGOSLAVIA.
(1) PURPOSE OF ASSISTANCE- The purpose of assistance under this
subsection is to promote and strengthen institutions of democratic
government and the growth of an independent civil society in Yugoslavia,
including ethnic tolerance and respect for internationally recognized human
rights.
(2) AUTHORIZATION FOR ASSISTANCE- To carry out the purpose of paragraph
(1), the President is authorized to furnish assistance and other support for
the activities described in paragraph (3).
(3) ACTIVITIES SUPPORTED- Activities that may be supported by assistance
under paragraph (2) include the following:
(B) The development of nongovernmental organizations.
(C) The development of independent media working within Serbia if
possible, but, if that is not feasible, from locations in neighboring
countries.
(D) The development of the rule of law, to include a strong,
independent judiciary, the impartial administration of justice, and
transparency in political practices.
(E) International exchanges and advanced professional training
programs in skill areas central to the development of civil society and a
market economy.
(F) The development of all elements of the democratic process,
including political parties and the ability to administer free and fair
elections.
(G) The development of local governance.
(H) The development of a free-market economy.
(4) AUTHORIZATION OF APPROPRIATIONS-
(A) IN GENERAL- There is authorized to be appropriated to the
President $50,000,000 for the period beginning October 1, 2000, and ending
September 30, 2001, to carry out this subsection.
(B) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to
subparagraph (A) are authorized to remain available until
expended.
(b) PROHIBITION ON ASSISTANCE TO GOVERNMENT OF YUGOSLAVIA OR OF SERBIA- In
carrying out subsection (a), the President should take all necessary steps to
ensure that no funds or other assistance is provided to the Government of
Yugoslavia or to the Government of Serbia, except for purposes permitted under
this subtitle.
(c) ASSISTANCE TO GOVERNMENT OF MONTENEGRO- In carrying out subsection
(a), the President may provide assistance to the Government of Montenegro,
unless the President determines, and so reports to the appropriate
congressional committees, that the leadership of the Government of Montenegro
is not committed to, or is not taking steps to promote, democratic principles,
the rule of law, or respect for internationally recognized human rights.
SEC. 513. AUTHORITY FOR RADIO AND TELEVISION BROADCASTING.
(a) IN GENERAL- The Broadcasting Board of Governors shall further the open
communication of information and ideas through the increased use of radio and
television broadcasting to Yugoslavia in both the Serbo-Croatian and Albanian
languages.
(b) IMPLEMENTATION- Radio and television broadcasting under subsection (a)
shall be carried out by the Voice of America and, in addition, radio
broadcasting under that subsection shall be carried out by RFE/RL,
Incorporated. Subsection (a) shall be carried out in accordance with all the
respective Voice of America and RFE/RL, Incorporated, standards to ensure that
radio and television broadcasting to Yugoslavia serves as a consistently
reliable and authoritative source of accurate, objective, and comprehensive
news.
(c) STATUTORY CONSTRUCTION- The implementation of subsection (a) may not
be construed as a replacement for the strengthening of indigenous independent
media called for in section 512(a)(3)(C). To the maximum extent practicable,
the two efforts (strengthening independent media and increasing broadcasts
into Serbia) shall be carried out in such a way that they mutually support
each other.
Subtitle B--Assistance to the Victims of Serbian
Oppression
SEC. 521. FINDINGS.
The Congress finds the following:
(1) Beginning in February 1998 and ending in June 1999, the armed forces
of Yugoslavia and the Serbian Interior Ministry police force engaged in a
brutal crackdown against the ethnic Albanian population in Kosovo.
(2) As a result of the attack by Yugoslav and Serbian forces against the
Albanian population of Kosovo, more than 10,000 individuals were killed and
1,500,000 individuals were displaced from their homes.
(3) The majority of the individuals displaced by the conflict in Kosovo
was left homeless or was forced to find temporary shelter in Kosovo or
outside the country.
(4) The activities of the Yugoslav armed forces and the police force of
the Serbian Interior Ministry resulted in the widespread destruction of
agricultural crops, livestock, and property, as well as the poisoning of
wells and water supplies, and the looting of humanitarian goods provided by
the international community.
SEC. 522. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Yugoslavia and the Government of Serbia bear
responsibility to the victims of the conflict in Kosovo, including refugees
and internally displaced persons, and for property damage in Kosovo;
(2) under the direction of President Milosevic, neither the Government
of Yugoslavia nor the Government of Serbia provided the resources to assist
innocent, civilian victims of oppression in Kosovo; and
(3) because neither the Government of Yugoslavia nor the Government of
Serbia fulfilled the responsibilities of a sovereign government toward the
people in Kosovo, the international community offers the only recourse for
humanitarian assistance to victims of oppression in Kosovo.
SEC. 523. ASSISTANCE.
(a) AUTHORITY- The President is authorized to furnish assistance under
section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.), as
appropriate, for--
(1) relief, rehabilitation, and reconstruction in Kosovo; and
(2) refugees and persons displaced by the conflict in Kosovo.
(b) PROHIBITION- No assistance may be provided under this section to any
group that has been designated as a terrorist organization under section 219
of the Immigration and Nationality Act (8 U.S.C. 1189).
(c) USE OF ECONOMIC SUPPORT FUNDS- Any funds that have been allocated
under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.) for assistance described in subsection (a) may be used in
accordance with the authority of that subsection.
Subtitle C--`Outer Wall' Sanctions
SEC. 531. `OUTER WALL' SANCTIONS.
(a) APPLICATION OF MEASURES- The sanctions described in subsections (c)
through (g) shall apply with respect to Yugoslavia until the President
determines and certifies to the appropriate congressional committees that the
Government of Yugoslavia has made significant progress in meeting the
conditions described in subsection (b).
(b) CONDITIONS- The conditions referred to in subsection (a) are the
following:
(1) Agreement on a lasting settlement in Kosovo.
(2) Compliance with the General Framework Agreement for Peace in Bosnia
and Herzegovina.
(3) Implementation of internal democratic reform.
(4) Settlement of all succession issues with the other republics that
emerged from the break-up of the Socialist Federal Republic of
Yugoslavia.
(5) Cooperation with the International Criminal Tribunal for the former
Yugoslavia, including the transfer to The Hague of all individuals in
Yugoslavia indicted by the Tribunal.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS- The Secretary of the Treasury
shall instruct the United States executive directors of the international
financial institutions to oppose, and vote against, any extension by those
institutions of any financial assistance (including any technical assistance
or grant) of any kind to the Government of Yugoslavia.
(d) ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE- The Secretary of
State should instruct the United States Ambassador to the Organization for
Security and Cooperation in Europe (OSCE) to oppose and block any consensus to
allow the participation of Yugoslavia in the OSCE or any organization
affiliated with the OSCE.
(e) UNITED NATIONS- The Secretary of State should instruct the United
States Permanent Representative to the United Nations--
(1) to oppose and vote against any resolution in the United Nations
Security Council to admit Yugoslavia to the United Nations or any
organization affiliated with the United Nations; and
(2) to actively oppose and, if necessary, veto any proposal to allow
Yugoslavia to assume the membership of the former Socialist Federal Republic
of Yugoslavia in the United Nations General Assembly or any other
organization affiliated with the United Nations.
(f) NATO- The Secretary of State should instruct the United States
Permanent Representative to the North Atlantic Council to oppose and vote
against the extension to Yugoslavia of membership or participation in the
Partnership for Peace program or any other organization affiliated with
NATO.
(g) SOUTHEAST EUROPEAN COOPERATION INITIATIVE- The Secretary of State
should instruct the United States Representatives to the Southeast European
Cooperation Initiative (SECI) to actively oppose the participation of
Yugoslavia in SECI.
(h) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the President should not restore full diplomatic relations with
Yugoslavia until the President has determined and so reported to the
appropriate congressional committees that the Government of Yugoslavia has
met the conditions described in subsection (b); and
(2) the President should encourage all other European countries to
diminish their level of diplomatic relations with Yugoslavia.
(i) INTERNATIONAL FINANCIAL INSTITUTION DEFINED- In this section, 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.
SEC. 532. INTERNATIONAL FINANCIAL INSTITUTIONS NOT IN COMPLIANCE WITH `OUTER
WALL' SANCTIONS.
It is the sense of Congress that, if any international financial
institution (as defined in section 531(i)) approves a loan or other financial
assistance to the Government of Yugoslavia over the opposition of the United
States, then the Secretary of the Treasury should withhold from payment of the
United States share of any increase in the paid-in capital of such institution
an amount equal to the amount of the loan or other assistance.
Subtitle D--Other Measures Against Yugoslavia
SEC. 541. BLOCKING ASSETS IN THE UNITED STATES.
(a) BLOCKING OF ASSETS- All property and interests in property, including
all commercial, industrial, or public utility undertakings or entities, of or
in the name of the Government of Serbia or the Government of Yugoslavia that
are in the United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of United States
persons, including their overseas branches, are hereby blocked.
(b) EXERCISE OF AUTHORITIES- The Secretary of the Treasury, in
consultation with the Secretary of State, shall take such actions, including
the promulgation of regulations, orders, directives, rulings, instructions,
and licenses, and employ all powers granted to the President by the
International Emergency Economic Powers Act, as may be necessary to carry out
the purposes of this subtitle, including, but not limited to taking such steps
as may be necessary to continue in effect the measures contained in Executive
Order No. 13088 of June 9, 1998, and Executive Order No. 13121 of April 30,
1999, and any rule, regulation, license, or order issued thereunder.
(c) PROHIBITED TRANSFERS- Transfers prohibited under subsection (a) shall
include payments or transfers of any property or any transactions involving
the transfer of anything of economic value by any United States person to the
Government of Serbia, the Government of Yugoslavia, or any person or entity
acting for or on behalf of, or owned or controlled, directly or indirectly, by
any of those governments, persons, or entities.
(d) PAYMENT OF EXPENSES- All expenses incident to the blocking and
maintenance of property blocked under subsection (a) shall be charged to the
owners or operators of such property, which expenses shall not be met from
blocked funds.
(e) PROHIBITIONS- The following shall be prohibited as of the date of
enactment of this subtitle:
(1) Any transaction within the United States or by a United States
person relating to any vessel in which a majority or controlling interest is
held by a person or entity in, or operating from, Serbia regardless of the
flag under which the vessel sails.
(2) The exportation to Serbia or to any entity operated from Serbia or
owned and controlled by the Government of Serbia or the Government of
Yugoslavia, directly or indirectly, of any goods, software technology, or
services, either--
(A) from the United States;
(B) requiring the issuance of a license by a Federal agency;
(C) involving the use of United States registered vessels or aircraft;
or
(D) any activity that promotes or is intended to promote such
exportation.
(3) Any dealing by a United States person in--
(A) property exported from Serbia;
(B) property intended for exportation from Serbia to any country or
exportation to Serbia from any country; or
(C) any activity of any kind that promotes or is intended to promote
such dealing.
(4) The performance by any United States person of any contract,
including a financing contract, in support of an industrial, commercial,
public utility, or governmental project in Serbia.
(f) EXCEPTIONS- Nothing in this section shall apply to--
(1) assistance provided under section 512 or section 523 of this
subtitle; or
(2) those materials described in section 203(b)(3) of the International
Emergency Economic Powers Act relating to informational materials.
SEC. 542. SUSPENSION OF ENTRY INTO THE UNITED STATES.
(a) PROHIBITION- The President shall use his authority under section
212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to suspend
the entry into the United States of any alien who--
(1) holds a position in the senior leadership of the Government of
Yugoslavia or the Government of Serbia; or
(2) is a spouse, minor child, or agent of a person inadmissible under
paragraph (1).
(b) SENIOR LEADERSHIP DEFINED- In subsection (a)(1), the term `senior
leadership'--
(A) the President, Prime Minister, Deputy Prime Ministers, and
government ministers of Yugoslavia;
(B) the Governor of the National Bank of Yugoslavia; and
(C) the President, Prime Minister, Deputy Prime Ministers, and
government ministers of the Republic of Serbia; and
(2) does not include the President, Prime Minister, Deputy Prime
Ministers, and government ministers of the Republic of Montenegro.
SEC. 543. PROHIBITION ON STRATEGIC EXPORTS TO YUGOSLAVIA.
(a) PROHIBITION- No computers, computer software, or goods or technology
intended to manufacture or service computers may be exported to or for use by
the Government of Yugoslavia or by the Government of Serbia, or by any of the
following entities of either government:
(4) The national security agencies.
(b) STATUTORY CONSTRUCTION- Nothing in this section prevents the issuance
of licenses to ensure the safety of civil aviation and safe operation of
United States-origin commercial passenger aircraft and to ensure the safety of
ocean-going maritime traffic in international waters.
SEC. 544. PROHIBITION ON LOANS AND INVESTMENT.
(a) UNITED STATES GOVERNMENT FINANCING- No loan, credit guarantee,
insurance, financing, or other similar financial assistance may be extended by
any agency of the United States Government (including the Export-Import Bank
and the Overseas Private Investment Corporation) to the Government of
Yugoslavia or the Government of Serbia.
(b) TRADE AND DEVELOPMENT AGENCY- No funds made available by law may be
available for activities of the Trade and Development Agency in or for
Serbia.
(c) THIRD COUNTRY ACTION- The Secretary of State is urged to encourage all
other countries, particularly European countries, to suspend any of their own
programs providing support similar to that described in subsection (a) or (b)
to the Government of Yugoslavia or the Government of Serbia, including by
rescheduling repayment of the indebtedness of either government under more
favorable conditions.
(d) PROHIBITION ON PRIVATE CREDITS-
(1) IN GENERAL- Except as provided in paragraph (2), no national of the
United States may make or approve any loan or other extension of credit,
directly or indirectly, to the Government of Yugoslavia or to the Government
of Serbia or to any corporation, partnership, or other organization that is
owned or controlled by either the Government of Yugoslavia or the Government
of Serbia.
(2) EXCEPTION- Paragraph (1) shall not apply to a loan or extension of
credit for any housing, education, or humanitarian benefit to assist the
victims of oppression in Kosovo.
SEC. 545. PROHIBITION OF MILITARY-TO-MILITARY COOPERATION.
The United States Government (including any agency or entity of the United
States) shall not provide assistance under the Foreign Assistance Act of 1961
or the Arms Export Control Act (including the provision of Foreign Military
Financing under section 23 of the Arms Export Control Act or international
military education and training under chapter 5 of part II of the Foreign
Assistance Act of 1961) or provide any defense articles or defense services
under those Acts, to the armed forces of the Government of Yugoslavia or of
the Government of Serbia.
SEC. 546. MULTILATERAL SANCTIONS.
It is the sense of Congress that the President should continue to seek to
coordinate with other countries, particularly European countries, a
comprehensive, multilateral strategy to further the purposes of this subtitle,
including, as appropriate, encouraging other countries to take measures
similar to those described in this subtitle.
SEC. 547. EXEMPTIONS.
(a) EXEMPTION FOR KOSOVO- None of the restrictions imposed by this
subtitle shall apply with respect to Kosovo, including with respect to
governmental entities or administering authorities or the people of Kosovo.
(b) EXEMPTION FOR MONTENEGRO- None of the restrictions imposed by this
subtitle shall apply with respect to Montenegro, including with respect to
governmental entities of Montenegro, unless the President determines and so
certifies to the appropriate congressional committees that the leadership of
the Government of Montenegro is not committed to, or is not taking steps to
promote, democratic principles, the rule of law, or respect for
internationally recognized human rights.
SEC. 548. WAIVER; TERMINATION OF MEASURES AGAINST YUGOSLAVIA.
(a) GENERAL WAIVER AUTHORITY- Except as provided in subsection (b), the
requirement to impose any measure under this title may be waived for
successive periods not to exceed 12 months each, and the President may provide
assistance in furtherance of this title notwithstanding any other provision of
law, if the President determines and so certifies to the appropriate
congressional committees in writing 15 days in advance of the implementation
of any such waiver that--
(1) it is important to the national interest of the United States;
or
(2) significant progress has been made in Yugoslavia in establishing a
government based on democratic principles and the rule of law, and that
respects internationally recognized human rights.
(b) EXCEPTION- The President may implement the waiver under subsection (a)
for successive periods not to exceed 3 months each without the 15 day advance
notification under that subsection--
(1) if the President determines that exceptional circumstances require
the implementation of such waiver; and
(2) the President immediately notifies the appropriate congressional
committees of his determination.
(c) TERMINATION OF RESTRICTIONS- The restrictions imposed by this subtitle
shall be terminated if the President determines and so certifies to the
appropriate congressional committees that the Government of Yugoslavia is a
government that is committed to democratic principles and the rule of law, and
that respects internationally recognized human rights.
SEC. 549. STATUTORY CONSTRUCTION.
(a) IN GENERAL- None of the restrictions or prohibitions contained in this
title shall be construed to limit humanitarian assistance (including the
provision of food and medicine), or the commercial export of agricultural
commodities or medicine and medical equipment, to Yugoslavia.
(b) SPECIAL RULE- Nothing in subsection (a) shall be construed to permit
the export of an agricultural commodity or medicine that could contribute to
the development of a chemical or biological weapon.
Subtitle E--Miscellaneous Provisions
SEC. 551. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER
YUGOSLAVIA.
(a) FINDINGS- Congress finds the following:
(1) United Nations Security Council Resolution 827, which was adopted
May 25, 1993, established the International Criminal Tribunal for the former
Yugoslavia to prosecute persons responsible for serious violations of
international humanitarian law committed in the territory of the former
Yugoslavia since January 1, 1991.
(2) United Nations Security Council Resolution 827 requires full
cooperation by all countries with the Tribunal, including the obligation of
countries to comply with requests of the Tribunal for assistance or
orders.
(3) The Government of Yugoslavia has disregarded its international
obligations with regard to the Tribunal, including its obligation to
transfer or facilitate the transfer to the Tribunal of any person on the
territory of Yugoslavia who has been indicted for war crimes or other crimes
against humanity under the jurisdiction of the Tribunal.
(4) The Government of Yugoslavia publicly rejected the Tribunal's
jurisdiction over events in Kosovo and has impeded the investigation of
representatives from the Tribunal, including denying those representatives
visas for entry into Yugoslavia, in their efforts to gather information
about alleged crimes against humanity in Kosovo under the jurisdiction of
the Tribunal.
(5) The Tribunal has indicted President Slobodan Milosevic for--
(A) crimes against humanity, specifically murder, deportations, and
persecutions; and
(B) violations of the laws and customs of war.
(b) POLICY- It shall be the policy of the United States to support fully
and completely the investigation of President Slobodan Milosevic by the
International Criminal Tribunal for the former Yugoslavia for genocide, crimes
against humanity, war crimes, and grave breaches of the Geneva Convention.
(c) IN GENERAL- Subject to subsection (b), it is the sense of Congress
that the United States Government should gather all information that the
intelligence community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) collects or has collected to support an
investigation of President Slobodan Milosevic for genocide, crimes against
humanity, war crimes, and grave breaches of the Geneva Convention by the
International Criminal Tribunal for the former Yugoslavia (ICTY) and that the
Department of State should provide all appropriate information to the Office
of the Prosecutor of the ICTY under procedures established by the Director of
Central Intelligence that are necessary to ensure adequate protection of
intelligence sources and methods.
(d) REPORT TO CONGRESS- Not less than 180 days after the date of enactment
of this Act, and every 180 days thereafter for the succeeding 5-year period,
the President shall submit a report, in classified form if necessary, to the
appropriate congressional committees that describes the information that was
provided by the Department of State to the Office of the Prosecutor of the
International Criminal Tribunal for the former Yugoslavia for the purposes of
subsection (c).
SEC. 552. SENSE OF CONGRESS WITH RESPECT TO ETHNIC HUNGARIANS OF
VOJVODINA.
(a) FINDINGS- Congress finds that--
(1) approximately 350,000 ethnic Hungarians reside in the province of
Vojvodina, part of Serbia, in traditional settlements in existence for
centuries;
(2) this community has taken no side in any of the Balkan conflicts
since 1990, but has maintained a consistent position of nonviolence, while
seeking to protect its existence through the meager opportunities afforded
under the existing political system;
(3) the Serbian leadership deprived Vojvodina of its autonomous status
at the same time as it did the same to the province of Kosovo;
(4) this population is subject to continuous harassment, intimidation,
and threatening suggestions that they leave the land of their ancestors;
and
(5) during the past 10 years this form of ethnic cleansing has already
driven 50,000 ethnic Hungarians out of the province of Vojvodina.
(b) SENSE OF CONGRESS- It is the sense of Congress that the President
should--
(1) condemn harassment, threats, and intimidation against any ethnic
group in Yugoslavia as the usual precursor of violent ethnic
cleansing;
(2) express deep concern over the reports on recent threats,
intimidation, and even violent incidents against the ethnic Hungarian
inhabitants of the province of Vojvodina;
(3) call on the Secretary of State to regularly monitor the situation of
the Hungarian ethnic group in Vojvodina; and
(4) call on the NATO allies of the United States, during any negotiation
on the future status of Kosovo, also to pay substantial attention to
establishing satisfactory guarantees for the rights of the ethnic Hungarian
community of Vojvodina, and of other ethnic minorities in the province,
including consulting with elected leaders about their proposal for
self-administration.
SEC. 553. OWNERSHIP AND USE OF DIPLOMATIC AND CONSULAR PROPERTIES.
(a) FINDINGS- Congress finds the following:
(1) The international judicial system, as currently structured, lacks
fully effective remedies for the wrongful confiscation of property and for
unjust enrichment from the use of wrongfully confiscated property by
governments and private entities at the expense of the rightful owners of
the property.
(2) Since the dissolution of the Socialist Federal Republic of
Yugoslavia until March and June 1999, when the United States Government took
custody, the Government of Yugoslavia exclusively used, and benefited from
the use of, properties located in the United States that were owned by the
Socialist Federal Republic of Yugoslavia.
(3) Until the United States Government took custody, the Governments of
Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia,
and Slovenia were blocked by the Government of Yugoslavia from using, or
benefiting from the use of, any property located in the United States that
was previously owned by the Socialist Federal Republic of Yugoslavia.
(4) The occupation and use by officials of Yugoslavia of that property
without prompt, adequate, and effective compensation under the applicable
principles of international law to the Governments of Bosnia and
Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, and
Slovenia is unjust and unreasonable.
(b) POLICY ON NEGOTIATIONS REGARDING PROPERTIES- It is the policy of the
United States to insist that the Government of Yugoslavia has a responsibility
to, and should, actively and cooperatively engage in good faith negotiations
with the Governments of Bosnia and Herzegovina, Croatia, the Former Yugoslav
Republic of Macedonia, and Slovenia for resolution of the outstanding property
issues resulting from the dissolution of the Socialist Federal Republic of
Yugoslavia, including the disposition of the following properties located in
the United States:
(1) 2222 Decatur Street, NW, Washington, DC.
(2) 2410 California Street, NW, Washington, DC.
(3) 1907 Quincy Street, NW, Washington, DC.
(4) 3600 Edmonds Street, NW, Washington, DC.
(5) 2221 R Street, NW, Washington, DC.
(6) 854 Fifth Avenue, New York, NY.
(7) 730 Park Avenue, New York, NY.
(c) SENSE OF CONGRESS ON RETURN OF PROPERTIES- It is the sense of Congress
that, if the Government of Yugoslavia refuses to engage in good faith
negotiations on the status of the properties listed in subsection (b), the
President should take steps to ensure that the interests of the Governments of
Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia,
and Slovenia are protected in accordance with international law.
SEC. 554. TRANSITION ASSISTANCE.
(a) SENSE OF CONGRESS- It is the sense of Congress that once the regime of
President Slobodan Milosevic has been replaced by a government that is
committed to democratic principles and the rule of law, and that respects
internationally recognized human rights, the President of the United States
should support the transition to democracy in Yugoslavia by providing
immediate and substantial assistance, including facilitating its integration
into international organizations.
(b) AUTHORIZATION OF ASSISTANCE- The President is authorized to furnish
assistance to Yugoslavia if he determines, and so certifies to the appropriate
congressional committees that the Government of Yugoslavia is committed to
democratic principles and the rule of law and respects internationally
recognized human rights.
(1) DEVELOPMENT OF PLAN- The President shall develop a plan for
providing assistance to Yugoslavia in accordance with this section. Such
assistance would be provided at such time as the President determines that
the Government of Yugoslavia is committed to democratic principles and the
rule of law and respects internationally recognized human rights.
(2) STRATEGY- The plan developed under paragraph (1) shall include a
strategy for distributing assistance to Yugoslavia under the plan.
(3) DIPLOMATIC EFFORTS- The President shall take the necessary
steps--
(A) to seek to obtain the agreement of other countries and
international financial institutions and other multilateral organizations
to provide assistance to Yugoslavia after the President determines that
the Government of Yugoslavia is committed to democratic principles, the
rule of law, and that respects internationally recognized human rights;
and
(B) to work with such countries, institutions, and organizations to
coordinate all such assistance programs.
(4) COMMUNICATION OF PLAN- The President shall take the necessary steps
to communicate to the people of Yugoslavia the plan for assistance developed
under this section.
(5) REPORT- Not later than 120 days after the date of enactment of this
Act, the President shall transmit to the appropriate congressional
committees a report describing in detail the plan required to be developed
by paragraph (1).
TITLE VI--MICROENTERPRISE ASSISTANCE
SEC. 601. SHORT TITLE.
This title may be cited as the `Microenterprise for Self-Reliance Act of
2000'.
SEC. 602. FINDINGS AND DECLARATIONS OF POLICY.
Congress makes the following findings and declarations:
(1) According to the World Bank, more than 1,200,000,000 people in the
developing world, or one-fifth of the world's population, subsist on less
than $1 a day.
(2) Over 32,000 of their children die each day from largely preventable
malnutrition and disease.
(3)(A) Women in poverty generally have larger work loads and less access
to educational and economic opportunities than their male
counterparts.
(B) Directly aiding the poorest of the poor, especially women, in the
developing world has a positive effect not only on family incomes, but also
on child nutrition, health and education, as women in particular reinvest
income in their families.
(4)(A) The poor in the developing world, particularly women, generally
lack stable employment and social safety nets.
(B) Many turn to self-employment to generate a substantial portion of
their livelihood. In Africa, over 80 percent of employment is generated in
the informal sector of the self-employed poor.
(C) These poor entrepreneurs are often trapped in poverty because they
cannot obtain credit at reasonable rates to build their asset base or expand
their otherwise viable self-employment activities.
(D) Many of the poor are forced to pay interest rates as high as 10
percent per day to money lenders.
(5)(A) The poor are able to expand their incomes and their businesses
dramatically when they can access loans at reasonable interest rates.
(B) Through the development of self-sustaining microfinance programs,
poor people themselves can lead the fight against hunger and poverty.
(6)(A) On February 2-4, 1997, a global Microcredit Summit was held in
Washington, District of Columbia, to launch a plan to expand access to
credit for self-employment and other financial and business services to
100,000,000 of the world's poorest families, especially the women of those
families, by 2005. While this scale of outreach may not be achievable in
this short time-period, the realization of this goal could dramatically
alter the face of global poverty.
(B) With an average family size of five, achieving this goal will mean
that the benefits of microfinance will thereby reach nearly half of the
world's more than 1,000,000,000 absolute poor people.
(7)(A) Nongovernmental organizations, such as those that comprise the
Microenterprise Coalition (such as the Grameen Bank (Bangladesh,) K-REP
(Kenya), and networks such as Accion International, the Foundation for
International Community Assistance (FINCA), and the credit union movement)
are successful in lending directly to the very poor.
(B) Microfinance institutions such as BRAC (Bangladesh), BancoSol
(Bolivia), SEWA Bank (India), and ACEP (Senegal) are regulated financial
institutions that can raise funds directly from the local and international
capital markets.
(8)(A) Microenterprise institutions not only reduce poverty, but also
reduce the dependency on foreign assistance.
(B) Interest income on the credit portfolio is used to pay recurring
institutional costs, assuring the long-term sustainability of development
assistance.
(9) Microfinance institutions leverage foreign assistance resources
because loans are recycled, generating new benefits to program
participants.
(10)(A) The development of sustainable microfinance institutions that
provide credit and training, and mobilize domestic savings, is a critical
component to a global strategy of poverty reduction and broad-based economic
development.
(B) In the efforts of the United States to lead the development of a new
global financial architecture, microenterprise should play a vital role. The
recent shocks to international financial markets demonstrate how the
financial sector can shape the destiny of nations. Microfinance can serve as
a powerful tool for building a more inclusive financial sector which serves
the broad majority of the world's population including the very poor and
women and thus generate more social stability and prosperity.
(C) Over the last two decades, the United States has been a global
leader in promoting the global microenterprise sector, primarily through its
development assistance programs at the United States Agency for
International Development. Additionally, the United States Department of the
Treasury and the Department of State have used their authority to promote
microenterprise in the development programs of international financial
institutions and the United Nations.
(11)(A) In 1994, the United States Agency for International Development
launched the `Microenterprise Initiative' in partnership with the
Congress.
(B) The initiative committed to expanding funding for the
microenterprise programs of the Agency, and set a goal that, by the end of
fiscal year 1996, one-half of all microenterprise resources would support
programs and institutions that provide credit to the poorest, with loans
under $300.
(C) In order to achieve the goal of the microcredit summit, increased
investment in microfinance institutions serving the poorest will be
critical.
(12) Providing the United States share of the global investment needed
to achieve the goal of the microcredit summit will require only a small
increase in United States funding for international microcredit programs,
with an increased focus on institutions serving the poorest.
(13)(A) In order to reach tens of millions of the poorest with
microcredit, it is crucial to expand and replicate successful microfinance
institutions.
(B) These institutions need assistance in developing their institutional
capacity to expand their services and tap commercial sources of
capital.
(14) Nongovernmental organizations have demonstrated competence in
developing networks of local microfinance institutions and other assistance
delivery mechanisms so that they reach large numbers of the very poor, and
achieve financial sustainability.
(15) Recognizing that the United States Agency for International
Development has developed very effective partnerships with nongovernmental
organizations, and that the Agency will have fewer missions overseas to
carry out its work, the Agency should place priority on investing in those
nongovernmental network institutions that meet performance criteria through
the central funding mechanisms of the Agency.
(16) By expanding and replicating successful microfinance institutions,
it should be possible to create a global infrastructure to provide financial
services to the world's poorest families.
(17)(A) The United States can provide leadership to other bilateral and
multilateral development agencies as such agencies expand their support to
the microenterprise sector.
(B) The United States should seek to improve coordination among G-7
countries in the support of the microenterprise sector in order to leverage
the investment of the United States with that of other donor nations.
(18) Through increased support for microenterprise, especially credit
for the poorest, the United States can continue to play a leadership role in
the global effort to expand financial services and opportunity to
100,000,000 of the poorest families on the planet.
SEC. 603. PURPOSES.
The purposes of this title are--
(1) to make microenterprise development an important element of United
States foreign economic policy and assistance;
(2) to provide for the continuation and expansion of the commitment of
the United States Agency for International Development to the development of
microenterprise institutions as outlined in its 1994 Microenterprise
Initiative;
(3) to support and develop the capacity of United States and indigenous
nongovernmental organization intermediaries to provide credit, savings,
training, technical assistance, and business development services to
microentrepreneurs;
(4) to emphasize financial services and substantially increase the
amount of assistance devoted to both financial services and complimentary
business development services designed to reach the poorest sector in
developing countries, particularly women; and
(5) to encourage the United States Agency for International Development
to coordinate microfinance policy, in consultation with the Department of
the Treasury and the Department of State, and to provide global leadership
among bilateral and multilateral donors in promoting microenterprise for the
poorest of the poor.
SEC. 604. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.), as amended by section 248 of this Act, is further amended by adding
at the end the following new section:
`SEC. 132. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
`(a) FINDINGS AND POLICY- Congress finds and declares that--
`(1) the development of microenterprise is a vital factor in the stable
growth of developing countries and in the development of free, open, and
equitable international economic systems;
`(2) it is therefore in the best interest of the United States to assist
the development of microenterprises in developing countries; and
`(3) the support of microenterprise can be served by programs providing
credit, savings, training, technical assistance, and business development
services.
`(1) IN GENERAL- In carrying out this part, the President is authorized
to provide grant assistance for programs to increase the availability of
credit and other services to microenterprises lacking full access to capital
training, technical assistance, and business development services
through--
`(A) grants to microfinance institutions for the purpose of expanding
the availability of credit, savings, and other financial services to
microentrepreneurs;
`(B) grants to microenterprise institutions for the purpose of
training, technical assistance, and business development services for
microenterprises to enable them to make better use of credit, to better
manage their enterprises, and to increase their income and build their
assets;
`(C) capacity-building for microenterprise institutions in order to
enable them to better meet the credit and training needs of
microentrepreneurs; and
`(D) policy and regulatory programs at the country level that improve
the environment for microentrepreneurs and microenterprise institutions
that serve the poor and very poor.
`(2) IMPLEMENTATION- Assistance authorized under paragraph (1) shall be
provided through organizations that have a capacity to develop and implement
microenterprise programs, including particularly--
`(A) United States and indigenous private and voluntary
organizations;
`(B) United States and indigenous credit unions and cooperative
organizations; or
`(C) other indigenous governmental and nongovernmental
organizations.
`(3) TARGETED ASSISTANCE- In carrying out sustainable poverty-focused
programs under paragraph (1), 50 percent of all microenterprise resources
shall be targeted to very poor entrepreneurs, defined as those living in the
bottom 50 percent below the poverty line as established by the national
government of the country. Specifically, such resources shall be used
for--
`(A) direct support of programs under this subsection through
practitioner institutions that--
`(i) provide credit and other financial services to entrepreneurs
who are very poor, with loans in 1995 United States dollars
of--
`(I) $1,000 or less in the Europe and Eurasia
region;
`(II) $400 or less in the Latin America region; and
`(III) $300 or less in the rest of the world; and
`(ii) can cover their costs in a reasonable time period;
or
`(B) demand-driven business development programs that achieve
reasonable cost recovery that are provided to clients holding poverty
loans (as defined by the regional poverty loan limitations in subparagraph
(A)(i)) whether they are provided by microfinance institutions or by
specialized business development services providers.
`(4) SUPPORT FOR CENTRAL MECHANISMS- The President should continue
support for central mechanisms and missions that--
`(A) provide technical support for field missions;
`(B) strengthen the institutional development of the intermediary
organizations described in paragraph (2);
`(C) share information relating to the provision of assistance
authorized under paragraph (1) between such field missions and
intermediary organizations; and
`(D) support the development of nonprofit global microfinance
networks, including credit union systems, that--
`(i) are able to deliver very small loans through a vast grassroots
infrastructure based on market principles; and
`(ii) act as wholesale intermediaries providing a range of services
to microfinance retail institutions, including financing, technical
assistance, capacity-building and safety and soundness
accreditation.
`(5) LIMITATION- Assistance provided under this subsection may only be
used to support microenterprise programs and may not be used to support
programs not directly related to the purposes described in paragraph
(1).
`(6) DEFINITION- In this subsection, the term `business development
services' means support for the growth of microenterprises through training,
technical assistance, marketing assistance, improved production
technologies, and other services.
`(c) MONITORING SYSTEM- In order to maximize the sustainable development
impact of the assistance authorized under subsection (a)(1), the Administrator
of the agency primarily responsible for administering this part shall
establish a monitoring system that--
`(1) establishes performance goals for such assistance and expresses
such goals in an objective and quantifiable form, to the extent
feasible;
`(2) establishes performance indicators to be used in measuring or
assessing the achievement of the goals and objectives of such
assistance;
`(3) provides a basis for recommendations for adjustments to such
assistance to enhance the sustainable development impact of such assistance,
particularly the impact of such assistance on the very poor, particularly
poor women; and
`(4) provides a basis for recommendations for adjustments to measures
for reaching the poorest of the poor, including proposed legislation
containing amendments to enhance the sustainable development impact of such
assistance, as described in paragraph (3).
`(d) LEVEL OF ASSISTANCE- Of the funds made available under this part and
the Support for East European Democracy (SEED) Act of 1989, including local
currencies, there are authorized to be available $150,000,000 during fiscal
year 2001.'.
SEC. 605. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.
Section 108 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f) is
amended to read as follows:
`SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.
`(a) FINDINGS AND POLICY- Congress finds and declares that--
`(1) the development of micro- and small enterprises are a vital factor
in the stable growth of developing countries and in the development and
stability of a free, open, and equitable international economic system;
and
`(2) it is, therefore, in the best interests of the United States to
assist the development of the enterprises of the poor in developing
countries and to engage the United States private sector in that
process.
`(b) PROGRAM- To carry out the policy set forth in subsection (a), the
President is authorized to provide assistance to increase the availability of
credit to micro- and small enterprises lacking full access to credit,
including through--
`(1) loans and guarantees to credit institutions for the purpose of
expanding the availability of credit to micro- and small enterprises;
`(2) training programs for lenders in order to enable them to better
meet the credit needs of microentrepreneurs; and
`(3) training programs for microentrepreneurs in order to enable them to
make better use of credit and to better manage their enterprises.
`(c) ELIGIBILITY CRITERIA- The Administrator of the agency primarily
responsible for administering this part shall establish criteria for
determining which entities described in subsection (b) are eligible to carry
out activities, with respect to micro- and small enterprises, assisted under
this section. Such criteria may include the following:
`(1) The extent to which the recipients of credit from the entity do not
have access to the local formal financial sector.
`(2) The extent to which the recipients of credit from the entity are
among the poorest people in the country.
`(3) The extent to which the entity is oriented toward working directly
with poor women.
`(4) The extent to which the entity recovers its cost of lending.
`(5) The extent to which the entity implements a plan to become
financially sustainable.
`(d) ADDITIONAL REQUIREMENT- Assistance provided under this section may
only be used to support micro- and small enterprise programs and may not be
used to support programs not directly related to the purposes described in
subsection (b).
`(e) AUTHORIZED USES OF FUNDS-
`(1) IN GENERAL- Amounts made available to carry out this section may be
used for, among other things--
`(A) the subsidy cost, as defined in section 502(5) of the Federal
Credit Reform Act of 1990, for activities under this section; and
`(B) the cost of administration expenses in carrying out credit
activities under this section.
`(2) DEFAULT AND PROCUREMENT PROVISIONS-
`(A) DEFAULT PROVISION- The provisions of section 620(q), or any
comparable provision of law, shall not be construed to prohibit assistance
to a country in the event that a private sector recipient of assistance
furnished under this section is in default in its payment to the United
States for the period specified in such section.
`(B) PROCUREMENT PROVISION- Assistance may be provided under this
section without regard to section 604(a).
`(3) RULE OF CONSTRUCTION- Amounts authorized to be appropriated under
this subsection are in addition to amounts otherwise available to carry out
this section.'.
SEC. 606. MICROFINANCE LOAN FACILITY.
(a) IN GENERAL- Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), as amended by sections 248 and 604 of this Act, is
further amended by adding at the end the following new section:
`SEC. 133. UNITED STATES MICROFINANCE LOAN FACILITY.
`(a) ESTABLISHMENT- The Administrator is authorized to establish a United
States Microfinance Loan Facility (in this section referred to as the
`Facility') to pool and manage the risk from natural disasters, war or civil
conflict, national financial crisis, or short-term financial movements that
threaten the long-term development of United States-supported microfinance
institutions.
`(1) IN GENERAL- The Administrator shall make disbursements from the
Facility to United States-supported microfinance institutions to prevent the
bankruptcy of such institutions caused by--
`(B) national wars or civil conflict; or
`(C) national financial crisis or other short-term financial movements
that threaten the long-term development of United States-supported
microfinance institutions.
`(2) FORM OF ASSISTANCE- Assistance under this section shall be in the
form of loans or loan guarantees for microfinance institutions that
demonstrate the capacity to resume self-sustained operations within a
reasonable time period.
`(3) CONGRESSIONAL NOTIFICATION PROCEDURES- During the fiscal year 2001,
funds may not be made available from the Facility until 15 days after
notification of the proposed availability of the funds has been provided to
the congressional committees specified in section 634A in accordance with
the procedures applicable to reprogramming notifications under that
section.
`(1) POLICY PROVISIONS- In providing the credit assistance authorized by
this section, the Administrator should apply, as appropriate, the policy
provisions in this part that are applicable to development assistance
activities.
`(2) DEFAULT AND PROCUREMENT PROVISIONS-
`(A) DEFAULT PROVISION- The provisions of section 620(q), or any
comparable provision of law, shall not be construed to prohibit assistance
to a country in the event that a private sector recipient of assistance
furnished under this section is in default in its payment to the United
States for the period specified in such section.
`(B) PROCUREMENT PROVISION- Assistance may be provided under this
section without regard to section 604(a).
`(3) TERMS AND CONDITIONS OF CREDIT ASSISTANCE-
`(A) IN GENERAL- Credit assistance provided under this section shall
be offered on such terms and conditions, including fees charged, as the
Administrator may determine.
`(B) LIMITATION ON PRINCIPAL AMOUNT OF FINANCING- The principal amount
of loans made or guaranteed under this section in any fiscal year, with
respect to any single event, may not exceed $30,000,000.
`(C) EXCEPTION- No payment may be made under any guarantee issued
under this section for any loss arising out of fraud or misrepresentation
for which the party seeking payment is responsible.
`(4) FULL FAITH AND CREDIT- All guarantees issued under this section
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States of America, and the full faith and credit
of the United States of America is hereby pledged for the full payment and
performance of such obligations to the extent of the guarantee.
`(1) ALLOCATION OF FUNDS-
`(A) IN GENERAL- Of the amounts made available to carry out this part
for the fiscal year 2001, up to $5,000,000 may be made available
for--
`(i) the subsidy cost, as defined in section 502(5) of the Federal
Credit Reform Act of 1990, to carry out this section; and
`(ii) subject to subparagraph (B), the cost of administrative
expenses to carry out this section.
`(B) LIMITATION ON ADMINISTRATIVE EXPENSES- Of the amount made
available under subparagraph (A) to carry out this section for fiscal year
2001, not more than $500,000 may be made available for administrative
expenses under subparagraph (A)(ii).
`(2) RELATION TO OTHER FUNDING- Amounts made available under paragraph
(1) are in addition to amounts available under any other provision of law to
carry out this section.
`(e) DEFINITIONS- In this section:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the agency primarily responsible for administering this part.
`(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives.
`(3) UNITED STATES-SUPPORTED MICROFINANCE INSTITUTION- The term `United
States-supported microfinance institution' means a financial intermediary
that has received funds made available under this Act for fiscal year 1980
or any subsequent fiscal year.'.
(b) REPORT- Not later than 120 days after the date of enactment of this
Act, the Administrator of the United States Agency for International
Development shall submit to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of Representatives a
report on the policies, rules, and regulations of the United States
Microfinance Loan Facility established under section 133 of the Foreign
Assistance Act of 1961, as added by subsection (a).
SEC. 607. REPORT RELATING TO FUTURE DEVELOPMENT OF MICROENTERPRISE
INSTITUTIONS.
(a) REPORT- Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the appropriate congressional
committees a report on the most cost-effective methods and measurements for
increasing the access of poor people overseas to credit, other financial
services, and related training.
(b) CONTENTS- The report described in subsection (a)--
(1) should include how the President, in consultation with the
Administrator of the United States Agency for International Development, the
Secretary of State, and the Secretary of the Treasury, will jointly develop
a comprehensive strategy for advancing the global microenterprise sector in
a way that maintains market principles while ensuring that the very poor
overseas, particularly women, obtain access to financial services overseas;
and
(2) shall provide guidelines and recommendations for--
(A) instruments to assist microenterprise networks to develop
multi-country and regional microlending programs;
(B) technical assistance to foreign governments, foreign central
banks, and regulatory entities to improve the policy environment for
microfinance institutions, and to strengthen the capacity of supervisory
bodies to supervise microfinance institutions;
(C) the potential for Federal chartering of United States-based
international microfinance network institutions, including proposed
legislation;
(D) instruments to increase investor confidence in microfinance
institutions which would strengthen the long-term financial position of
the microfinance institutions and attract capital from private sector
entities and individuals, such as a rating system for microfinance
institutions and local credit bureaus;
(E) an agenda for integrating microfinance into United States foreign
policy initiatives seeking to develop and strengthen the global finance
sector; and
(F) innovative instruments to attract funds from the capital markets,
such as instruments for leveraging funds from the local commercial banking
sector, and the securitization of microloan portfolios.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this section, the
term `appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate.
SEC. 608. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT AS GLOBAL
LEADER AND COORDINATOR OF BILATERAL AND MULTILATERAL MICROENTERPRISE ASSISTANCE
ACTIVITIES.
(a) FINDINGS AND POLICY- Congress finds and declares that--
(1) the United States can provide leadership to other bilateral and
multilateral development agencies as such agencies expand their support to
the microenterprise sector; and
(2) the United States should seek to improve coordination among G-7
countries in the support of the microenterprise sector in order to leverage
the investment of the United States with that of other donor nations.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the Administrator of the United States Agency for International
Development and the Secretary of State should seek to support and strengthen
the effectiveness of microfinance activities in United Nations agencies,
such as the International Fund for Agricultural Development (IFAD) and the
United Nations Development Program (UNDP), which have provided key
leadership in developing the microenterprise sector; and
(2) the Secretary of the Treasury should instruct each United States
Executive Director of the multilateral development banks (MDBs) to advocate
the development of a coherent and coordinated strategy to support the
microenterprise sector and an increase of multilateral resource flows for
the purposes of building microenterprise retail and wholesale
intermediaries.
SEC. 609. DEFINITIONS.
(1) MICROENTERPRISE INSTITUTION- The term `microenterprise institution'
means an institution that provides microfinance services, and other training
or business services, directly to microentrepreneurs.
(2) MICROFINANCE INSTITUTION- The term `microfinance institution' means
an institution that makes loans as well as provides savings and insurance
services.
(3) PRACTITIONER INSTITUTION- The term `practitioner institution' means
a microfinance institution that is administered by a nongovernmental
organization or by a private and voluntary organization and that provides
direct services for microentrepreneurs.
TITLE VII--DEFENSE AND SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
CHAPTER 1--FOREIGN MILITARY FINANCING PROGRAM
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grant assistance under section
23 of the Arms Export Control Act (22 U.S.C. 2763) and for the subsidy cost,
as defined in section 502(5) of the Federal Credit Reform Act of 1990, of
direct loans under such section for fiscal year 2001, the total amount of
$3,627,000,000.
CHAPTER 2--OTHER ASSISTANCE
SEC. 711. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.
(a) EMERGENCY DRAWDOWN- Section 506(a)(1) of the Foreign Assistance Act of
1961 (22 U.S.C. 2318(a)(1)) is amended by striking `$100,000,000' and
inserting `$150,000,000'.
(b) ADDITIONAL DRAWDOWN- Section 506(a)(2)(A)(i) of such Act (22 U.S.C.
2318(a)(2)(A)(i)) is amended--
(1) by striking `or' the first place it appears; and
(2) by striking subclause (III) and inserting the following:
`(III) chapter 8 of part II (relating to antiterrorism
assistance);
`(IV) chapter 9 of part II (relating to nonproliferation
assistance); or
`(V) the Migration and Refugee Assistance Act of 1962;
or'.
SEC. 712. INCREASED TRANSPORT AUTHORITY.
Section 516(e)(2)(C) of the Foreign Assistance Act of 1961 (22 U.S.C.
23321j(e)(2)(C)) is amended by striking `25,000' and inserting `50,000'.
Subtitle B--International Military Education and Training
SEC. 721. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $65,000,000 for fiscal year 2001
to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.).
SEC. 722. ADDITIONAL REQUIREMENTS RELATING TO INTERNATIONAL MILITARY
EDUCATION AND TRAINING.
Chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347
et seq.) is amended by adding at the end the following:
`SEC. 547. CONSULTATION REQUIREMENT.
`The selection of foreign personnel for training under this chapter shall
be made in consultation with the United States defense attache to the relevant
country.
`SEC. 548. RECORDS REGARDING FOREIGN PARTICIPANTS.
`In order to contribute most effectively to the development of military
professionalism in foreign countries, the Secretary of Defense shall develop
and maintain a database containing records on each foreign military or defense
ministry civilian participant in education and training activities conducted
under this chapter after December 31, 2000. This record shall include the type
of instruction received, the dates of such instruction, whether such
instruction was completed successfully, and, to the extent practicable, a
record of the person's subsequent military or defense ministry career and
current position and location.'.
Subtitle C--Nonproliferation and Export Control Assistance
SEC. 731. NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE.
Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) is
amended by adding at the end the following new chapter:
`CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
`SEC. 581. GENERAL AUTHORITY.
`Notwithstanding any other provision of law that restricts assistance to
foreign countries (other than sections 502B and 620A of this Act), the
President is authorized to furnish, on such terms and conditions as the
President may determine, assistance to foreign countries in order to enhance
the ability of such countries to halt the proliferation of nuclear, chemical,
and biological weapons, and advanced conventional weaponry. Such assistance
may include training services and the provision of equipment and other
commodities related to the detection, deterrence, monitoring, interdiction,
and prevention or countering of proliferation, the establishment of effective
nonproliferation laws and regulations, and the apprehension of those
individuals involved in acts of proliferation of such weapons.
`SEC. 582. PURPOSES.
`Activities conducted under this chapter shall be designed--
`(1) to enhance the nonproliferation and export control capabilities of
friendly countries by providing training and equipment to detect, deter,
monitor, interdict, and counter proliferation;
`(2) to strengthen the bilateral ties of the United States with friendly
governments by offering concrete assistance in this area of vital national
security interest; and
`(3) to accomplish the activities and objectives set forth in sections
503 and 504 of the FREEDOM Support Act (Public Law 102-511).
`SEC. 583. TRANSIT INTERDICTION.
`(a) ALLOCATION OF FUNDS- In providing assistance under this chapter, the
President should ensure that not less than one-quarter of the total of such
assistance is expended for the purpose of enhancing the capabilities of
friendly countries to detect and interdict proliferation-related shipments of
cargo that originate from, and are destined for, other countries.
`(b) PRIORITY TO CERTAIN COUNTRIES- Priority shall be given in the
apportionment of the assistance described under subsection (a) to any friendly
country that has been determined by the Secretary of State to be a country
frequently transited by proliferation-related shipments of cargo.
`SEC. 584. LIMITATIONS.
`The limitations contained in section 573 (a) and (d) of this Act shall
apply to this chapter.
`SEC. 585. AUTHORIZATION OF APPROPRIATIONS.
`(a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the President to carry out this chapter $129,000,000 for the
fiscal year 2001.
`(b) AVAILABILITY OF FUNDS- Funds made available under subsection (a) may
be used notwithstanding any other provision of law (other than section 502B or
620A) and shall remain available until expended.'.
SEC. 732. NONPROLIFERATION AND EXPORT CONTROL TRAINING IN THE UNITED
STATES.
Of the amount made available for fiscal year 2001 under chapter 9 of part
II of the Foreign Assistance Act of 1961, as added by section 731, $2,000,000
is authorized to be available for the purpose of training and education of
personnel from friendly countries in the United States.
SEC. 733. SCIENCE AND TECHNOLOGY CENTERS.
Of the amounts made available for fiscal year 2001 under chapter 9 of part
II of the Foreign Assistance Act of 1961, as added by section 731, $59,000,000
is authorized to be available for each such year for science and technology
centers in the independent states of the former Soviet Union, if the Secretary
of State first certifies to the appropriate committees of Congress that
memoranda of understanding relating to the operation of such centers have been
concluded between the Department of State and the Department of Defense and
other relevant agencies of the United States Government.
SEC. 734. TRIAL TRANSIT PROGRAM.
(a) ALLOCATION OF FUNDS- Of the amount made available for fiscal year 2001
under chapter 9 of the Foreign Assistance Act of 1961, as added by section
731, $5,000,000 is authorized to be available to establish a static cargo
x-ray facility in Malta, if the Secretary of State first certifies to the
appropriate committees of Congress that the Government of Malta has provided
adequate assurances that such a facility will be utilized in connection with
random cargo inspections by Maltese customs officials of container traffic
transiting through the Malta Freeport.
(b) REQUIREMENT OF WRITTEN ASSESSMENT- In the event that a facility is
established in Malta pursuant to subsection (a), the Secretary of State shall
submit a written assessment to the appropriate committees of Congress not
later than 270 days after such a facility commences operation detailing--
(1) statistics on utilization of the facility by Malta;
(2) the contribution made by the facility to United States
nonproliferation and export control objectives; and
(3) the feasibility of establishing comparable facilities in other
countries identified by the Secretary of State pursuant to section 583 of
the Foreign Assistance Act of 1961, as added by section 731.
(c) TREATMENT OF ASSISTANCE- Assistance under this section shall be
considered as assistance under section 583(a) of the Foreign Assistance Act of
1961 (relating to transit interdiction), as added by section 731.
Subtitle D--Antiterrorism Assistance
SEC. 741. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-4(a)) is amended by striking `$9,840,000' and all that follows through
the period and inserting the following: `$73,000,000 for the fiscal year
2001.'.
Subtitle E--Integrated Security Assistance Planning
CHAPTER 1--ESTABLISHMENT OF A NATIONAL SECURITY ASSISTANCE
STRATEGY
SEC. 751. NATIONAL SECURITY ASSISTANCE STRATEGY.
(a) REQUIREMENT- Not later than 180 days after the date of enactment of
this Act, and annually thereafter in connection with congressional
presentation materials of the foreign operations appropriations budget
request, the Secretary of State shall submit to the appropriate committees of
Congress a report setting forth a National Security Assistance Strategy for
the United States.
(b) ELEMENTS OF THE STRATEGY- The strategy shall--
(1) set forth a 5-year plan for security assistance programs;
(2) be consistent with the National Security Strategy of the United
States;
(3) be coordinated with the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff;
(4) identify overarching security assistance objectives, including
identification of the role that specific security assistance programs will
play in achieving such objectives;
(5) identify a primary security assistance objective, as well as
specific secondary objectives, for individual countries;
(6) identify, on a country-by-country basis, how specific resources will
be allocated to accomplish both primary and secondary objectives;
(7) discuss how specific types of assistance, such as foreign military
financing and international military education and training, will be
combined at the country level to achieve United States objectives; and
(8) detail, with respect to each of the paragraphs (1) through (7), how
specific types of assistance provided pursuant to the Arms Export Control
Act and Foreign Assistance Act of 1961 are coordinated with United States
assistance programs managed by the Department of Defense and other
agencies.
(c) COVERED ASSISTANCE- The National Security Assistance Strategy shall
cover assistance provided under--
(1) section 23 of the Arms Export Control Act (22 U.S.C. 2763);
(2) chapters 5, 8, and 9 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.); and
(3) section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321i).
SEC. 752. SECURITY ASSISTANCE SURVEYS.
(a) UTILIZATION- The Secretary of State shall utilize security assistance
surveys in preparation of the National Security Assistance Strategy required
pursuant to section 751 of this Act.
(b) FUNDING- Of the amounts made available for fiscal year 2001 under
section 23 of the Arms Export Control Act (22 U.S.C. 2763), $2,000,000 is
authorized to be available to the Secretary of State to conduct security
assistance surveys, or to request such a survey, on a reimbursable basis, by
the Department of Defense or other United States Government agencies. Such
surveys shall be conducted consistent with the requirements of section 26 of
the Arms Export Control Act.
CHAPTER 2--ALLOCATIONS FOR CERTAIN COUNTRIES
SEC. 761. SECURITY ASSISTANCE FOR NEW NATO MEMBERS.
(a) FOREIGN MILITARY FINANCING- Of the amounts made available for fiscal
year 2001 under section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$35,000,000 is authorized to be available on a grant basis for the Czech
Republic, Hungary, and Poland.
(b) MILITARY EDUCATION AND TRAINING- Of the amounts made available for
fiscal year 2001 to carry out chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.), $7,000,000 is authorized to be available
only for the Czech Republic, Hungary, and Poland.
(c) SELECT PRIORITIES- In providing assistance under this section, the
President shall give priority to supporting activities consistent with the
objectives set forth in the following conditions of the Senate resolution of
ratification for the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic:
(1) Condition (1)(A)(v), (vi), and (vii), relating to common threats,
the core mission of NATO, and the capacity to respond to common
threats.
(2) Condition (1)(B), relating to the fundamental importance of
collective defense.
(3) Condition (1)(C), relating to defense planning, command structures,
and force goals.
(4) Conditions (4)(B)(i) and (4)(B)(ii), relating to intelligence
matters.
SEC. 762. INCREASED TRAINING ASSISTANCE FOR GREECE AND TURKEY.
(a) IN GENERAL- Of the amounts made available for fiscal year 2001 to
carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.)--
(1) $1,000,000 is authorized to be available for Greece; and
(2) $2,500,000 is authorized to be available for Turkey.
(b) USE FOR PROFESSIONAL MILITARY EDUCATION- Of the amounts available
under paragraphs (1) and (2) of subsection (a), $500,000 of such amounts
should be available only for purposes of professional military education.
(c) USE FOR JOINT TRAINING- It is the sense of Congress that, to the
maximum extent practicable, amounts available under subsection (a) that are
used in accordance with subsection (b) should be used for joint training of
Greek and Turkish officers.
SEC. 763. MINIMUM ALLOCATION FOR EGYPT AND ISRAEL.
(a) AVAILABILITY OF FUNDS- Of the amounts made available for fiscal year
2001 for assistance under the `Foreign Military Financing Program' account
under section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$1,980,000,000 is authorized to be available on a grant basis for Israel, and
$1,300,000,000 is authorized to be available on a grant basis for Egypt.
(b) DISBURSEMENT OF FUNDS- Funds authorized to be available for Israel
under subsection (a) shall be disbursed not later than 30 days after the date
of enactment of an Act making appropriations for foreign operations, export
financing, and related programs for fiscal year 2001, or October 31, 2000,
whichever date is later.
(c) AVAILABILITY OF FUNDS FOR ADVANCED WEAPONS SYSTEMS- To the extent the
Government of Israel requests that funds be used for such purposes, grants
made available for Israel out of funds authorized to be available under
subsection (a) for Israel shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than 26.3 percent
shall be available for the procurement in Israel of defense articles and
defense services, including research and development.
SEC. 764. SECURITY ASSISTANCE FOR CERTAIN COUNTRIES.
(a) FOREIGN MILITARY FINANCING- Of the amounts made available for fiscal
year 2001 under section 23 of the Arms Export Control Act (22 U.S.C.
2763)--
(1) $20,500,000 is authorized to be available on a grant basis for
Estonia, Latvia, and Lithuania;
(2) $5,000,000 is authorized to be available on a grant basis for the
Philippines;
(3) $5,000,000 is authorized to be available on a grant basis for
Georgia;
(4) $1,000,000 is authorized to be available on a grant basis for
Malta;
(5) $4,000,000 is authorized to be available on a grant basis for
Slovenia;
(6) $8,400,000 is authorized to be available on a grant basis for
Slovakia;
(7) $11,000,000 is authorized to be available on a grant basis for
Romania; and
(8) $8,500,000 is authorized to be available on a grant basis for
Bulgaria.
(b) IMET- Of the amounts made available for fiscal year 2001 to carry out
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.)--
(1) $4,000,000 is authorized to be available for Estonia, Latvia, and
Lithuania;
(2) $1,500,000 is authorized to be available for the Philippines;
(3) $1,000,000 is authorized to be available for Georgia;
(4) $1,000,000 is authorized to be available for Malta;
(5) $1,000,000 is authorized to be available for Slovenia;
(6) $1,000,000 is authorized to be available for Slovakia;
(7) $1,500,000 is authorized to be available for Romania; and
(8) $1,200,000 is authorized to be available for Bulgaria.
SEC. 765. BORDER SECURITY AND TERRITORIAL INDEPENDENCE.
(a) GUAM COUNTRIES AND ARMENIA- For the purpose of carrying out section
499C of the Foreign Assistance Act of 1961 and assisting GUAM countries and
Armenia to strengthen national control of their borders and to promote the
independence and territorial sovereignty of such countries, the following
amounts are authorized to be made available for fiscal year 2001:
(1) $20,000,000 of the amounts made available for fiscal year 2001 under
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(2) $10,000,000 of the amounts made available for fiscal year 2001 under
chapter 9 of part II of the Foreign Assistance Act of 1961, as added by
section 731.
(3) $5,000,000 of the amounts made available for fiscal year 2001 to
carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.).
(4) $2,000,000 of the amounts made available for fiscal year 2001 to
carry out chapter 8 of part II of the Foreign Assistance Act.
(b) GUAM COUNTRIES DEFINED- In this section, the term `GUAM countries'
means the group of countries that signed a protocol on quadrilateral
cooperation on November 25, 1997.
Subtitle F--Other Provisions
SEC. 771. UTILIZATION OF DEFENSE ARTICLES AND SERVICES.
Section 502 of the Foreign Assistance Act of 1961 (22 U.S.C. 2302) is
amended in the first sentence by inserting `(including for antiterrorism and
nonproliferation purposes)' after `internal security'.
SEC. 772. REDUCTION IN VALUATION OF DEFENSE ARTICLES NOT INTENDED FOR
REPLACEMENT.
(a) AUTHORITY- Section 21(a) of the Arms Export Control Act (22 U.S.C.
2761(a)) is amended by adding at the end the following new paragraph:
`(3) The President may reduce the price required to be paid under
paragraph (1)(A) for the sale of a defense article if such sale would--
`(A) facilitate the sale of a similar or related new defense article
that is manufactured in the United States; or
`(B) serve the national security interests of the United States.'.
(b) CONFORMING AMENDMENT- Section 21(a)(1)(A) of such Act (22 U.S.C.
2761(a)(1)(A)) is amended by inserting `, except as provided in paragraph (3)'
after `actual value thereof'.
(c) REPORTS ON REDUCTIONS IN PRICE- In each case in which the President
reduces the price of a defense article under paragraph (3) of section 21(a) of
the Arms Export Control Act (as added by subsection (a) of this section), the
President shall submit to the appropriate committees of Congress a report on
the reduction in price.
SEC. 773. CONGRESSIONAL NOTIFICATION.
(a) REPEAL OF REQUIREMENT REGARDING COOPERATIVE PROJECTS- Section 27 of
the Arms Export Control Act (22 U.S.C. 2767) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h), (i), and (j), as subsections (g),
(h), and (i), respectively.
(b) REGULATIONS RELATING TO REGISTRATION AND LICENSING REQUIREMENTS-
Section 38(b)(2) of the Arms Export Control Act (22 U.S.C. 2778(b)(2)) is
amended by inserting `and in effect on January 1, 2000' after `regulations
issued under subsection (a)(1) of this section'.
SEC. 774. NATIONAL SECURITY EXEMPTION.
The prohibition contained in section 907 of the FREEDOM Support Act shall
not apply to any activity conducted pursuant to title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.).
SEC. 775. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)) is amended to read as follows:
`(2)(A) The value of such additions to stockpiles of defense articles in
foreign countries shall not exceed $50,000,000 for fiscal year 2001.
`(B) Of the amount specified in subparagraph (A) for fiscal year 2001, not
more than $50,000,000 may be made available for stockpiles in the Republic of
Korea.'.
SEC. 776. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN THE
WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.
(1) AUTHORITY- Notwithstanding section 514 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h), the President may transfer to Israel, in return
for concessions to be negotiated by the Secretary of Defense, with the
concurrence of the Secretary of State, any or all of the items described in
paragraph (2).
(2) ITEMS COVERED- The items referred to in paragraph (1) are munitions
such as armor, artillery, automatic weapons ammunition, missiles, and other
munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of Defense;
(C) are intended for use as reserve stocks for Israel; and
(D) as of the date of enactment of this Act, are located in a
stockpile in Israel.
(b) CONCESSIONS- The value of concessions negotiated pursuant to
subsection (a) shall be at least equal to the fair market value of the items
transferred. The concessions may include cash compensation, services, waiver
of charges otherwise payable by the United States, and other items of
value.
(c) ADVANCE NOTIFICATION OF TRANSFER- Not less than 30 days before making
a transfer under the authority of this section, the President shall transmit
to the Committee on Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives a notification of the
proposed transfer. The notification shall identify the items to be transferred
and the concessions to be received.
(d) EXPIRATION OF AUTHORITY- No transfer may be made under the authority
of this section 5 years after the date of enactment of this Act.
SEC. 777. STINGER MISSILES IN THE PERSIAN GULF REGION.
(a) PROHIBITION- Notwithstanding any other provision of law and except as
provided in subsection (b), the United States may not sell or otherwise make
available under the Arms Export Control Act or chapter 2 of part II of the
Foreign Assistance Act of 1961 any Stinger ground-to-air missiles to any
country bordering the Persian Gulf.
(b) ADDITIONAL TRANSFERS AUTHORIZED- In addition to other defense articles
authorized to be transferred by section 581 of the Foreign Operations, Export
Financing, and Related Programs Appropriation Act, 1990, the United States may
sell or make available, under the Arms Export Control Act or chapter 2 of part
II of the Foreign Assistance Act of 1961, Stinger ground to air missiles to
any country bordering the Persian Gulf in order to replace, on a one-for-one
basis, Stinger missiles previously furnished to such country if the Stinger
missiles to be replaced are nearing the scheduled expiration of their
shelf-life.
SEC. 778. EXPORT INFORMATION.
(a) DELAYED FILINGS; PENALTIES FOR FAILURE TO FILE- Section 304 of title
13, United States Code, is amended--
(1) by striking `the penal sum of $1,000' and inserting `a penal sum of
$10,000'; and
(2) by striking `a penalty not to exceed $100 for each day's delinquency
beyond the prescribed period, but not more than $1,000' and inserting `a
penalty not to exceed $1,000 for each day's delinquency beyond the
prescribed period but not more than $10,000'.
(b) ADDITIONAL PENALTIES-
(1) IN GENERAL- Section 305 of title 13, United States Code, is amended
to read as follows:
`Sec. 305. Penalties for unlawful export information activities
`(a) Any person who knowingly fails to file or knowingly submits false or
misleading export information through the Shipper's Export Declaration (SED)
(or any successor document) or the Automated Export System (AES) shall be
subject to a fine not to exceed $10,000, or imprisoned for not more than 5
years, or both.
`(b) Any person who knowingly reports any information on or uses the SED
or the AES to further any illegal activity shall be subject to a fine not to
exceed $10,000, or imprisoned for not more than 5 years, or both.
`(c) Any person violating the provisions of this chapter or any rule,
regulation, or order issued thereunder, except as provided in section 304,
shall be subject to a penalty not to exceed $10,000 in addition to any other
penalty imposed by law. The amount of any such penalty shall be payable into
the Treasury of the United States and shall be recoverable in a civil suit in
the name of the United States.
`(d) The Secretary may remit or mitigate any penalties imposed under
subsection (c) if, in the Secretary's opinion--
`(1) they were incurred without willful negligence or fraud; or
`(2) other circumstances exist that justify a remission or
mitigation.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of
chapter 9 of that title is amended by striking the item relating to section
305 and inserting the following new item:
`305. Penalties for unlawful export information activities.'.
SEC. 779. EXCESS DEFENSE ARTICLES FOR MONGOLIA.
(a) USES FOR WHICH FUNDS ARE AVAILABLE- Notwithstanding section 516(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2001, funds available to the Department of Defense may be expended for
crating, packing, handling, and transportation of excess defense articles
transferred under the authority of section 516 of that Act to Mongolia.
(b) CONTENT OF CONGRESSIONAL NOTIFICATION- Each notification required to
be submitted under section 516(f) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(f)) with respect to a proposed transfer of a defense article
described in subsection (a) shall include an estimate of the amount of funds
to be expended under subsection (a) with respect to that transfer.
SEC. 780. SPACE COOPERATION WITH RUSSIAN PERSONS.
(a) ANNUAL CERTIFICATION-
(1) REQUIREMENT- The President shall submit each year to the appropriate
committees of Congress, with respect to each Russian person described in
paragraph (2), a certification that the person is not suspected of
contributing to the acquisition, design, development, or production of
MTCR-class ballistic missiles in Iran at any time since January 1,
2000.
(2) APPLICABILITY- The certification requirement under paragraph (1)
applies with respect to each Russian person that, as of the date of the
certification, is a person engaged in commercial cooperation relating to
MTCR equipment or technology with a United States person pursuant to an arms
export license that was issued within the 36 months preceding the month in
which the certification is made.
(3) COMMENCEMENT AND TERMINATION OF REQUIREMENT-
(A) TIMES FOR SUBMISSION- The President shall submit--
(i) the first certification under paragraph (1) not later than 60
days after the date of the enactment of this Act; and
(ii) each annual certification thereafter on the anniversary of the
first submission.
(B) TERMINATION OF REQUIREMENT- No certification is required under
paragraph (1) after the submission of the annual certification that is
required to be submitted 5 years after the date on which the first
certification is submitted.
(b) TERMINATION OF EXISTING LICENSES- If, at any time after the issuance
of a license under section 36(c) of the Arms Export Control Act relating to
the use, development, or co-production of commercial rocket engine technology
with a foreign person, the President determines that the foreign person has
engaged in any action described in section 73(a)(1) of the Arms Export Control
Act (22 U.S.C. 2797b(a)(1)) since the date the license was issued, the
President may terminate the license.
(c) REPORT ON EXPORT LICENSING OF MTCR ITEMS UNDER $50,000,000- Section
71(d) of the Arms Export Control Act (22 U.S.C. 2797(d)) is amended by
striking `Within 15 days' and all that follows through `MTCR Annex,' and
inserting `Within 15 days after the issuance of a license (including any
brokering license) for the export of items valued at less than $50,000,000
that are controlled under this Act pursuant to United States obligations under
the Missile Technology Control Regime or are goods or services that are
intended to support the design, utilization, development, or production of a
space launch vehicle system listed in Category I or II of the MTCR Annex,'.
(d) DEFINITIONS- In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees
of Congress' means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives.
(2) FOREIGN PERSON- The term `foreign person' has the meaning given the
term in section 74(7) of the Arms Export Control Act (22 U.S.C.
2797c(7)).
(3) MTCR EQUIPMENT OR TECHNOLOGY- The term `MTCR equipment or
technology' has the meaning given the term in section 74(5) of the Arms
Export Control Act (22 U.S.C. 2797c(5)).
(4) PERSON- The term `person' has the meaning given the term in section
74(8) of the Arms Export Control Act (22 U.S.C. 2797c(8)).
(5) UNITED STATES PERSON- The term `United States person' has the
meaning given the term in section 74(6) of the Arms Export Control Act (22
U.S.C. 2797c(6).
SEC. 781. ASSISTANCE FOR ISRAEL.
(a) DEFINITIONS- In this section:
(1) ESF ASSISTANCE- The term `ESF assistance' means assistance under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.), relating to the economic support fund.
(2) FOREIGN MILITARY FINANCING PROGRAM- The term `Foreign Military
Financing Program' means the program authorized by section 23 of the Arms
Export Control Act (22 U.S.C. 2763).
(1) IN GENERAL- Of the amounts made available for each of the fiscal
years 2001 through 2008 for ESF assistance, not less than the amount
specified in paragraph (2) for each such fiscal year shall be available only
for Israel.
(2) COMPUTATION OF AMOUNT- Subject to subsection (d), the amount
referred to in paragraph (1) is equal to--
(A) the amount made available for ESF assistance for Israel for the
preceding fiscal year, minus
(1) IN GENERAL- Of the amount made available for each of the fiscal
years 2001 through 2008 for assistance under the Foreign Military Financing
Program, not less than the amount specified in paragraph (2) for each such
fiscal year shall be available only for Israel.
(2) COMPUTATION OF AMOUNT- Subject to subsection (d), the amount
referred to in paragraph (1) is equal to--
(A) the amount made available for assistance under the Foreign
Military Financing Program for Israel for the preceding fiscal year,
plus
(d) EXCLUSION OF RESCISSIONS AND SUPPLEMENTAL APPROPRIATIONS- For purposes
of this section, the computation of amounts made available for a fiscal year
shall not take into account any amount rescinded by an Act or any amount
appropriated by an Act making supplemental appropriations for a fiscal
year.
Subtitle G--Transfers of Naval Vessels
SEC. 791. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) AUSTRALIA- The President is authorized to transfer to the Government
of Australia four `KIDD' class guided missile destroyers KIDD (DDG 993),
CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996). Such transfers
shall be on a combined lease-sale basis under sections 61 and 21 of the Arms
Export Control Act (22 U.S.C. 2796, 2761).
(b) BRAZIL- The President is authorized to transfer to the Government of
Brazil two `THOMASTON' class dock landing ships ALAMO (LSD 33) and HERMITAGE
(LSD 34), and four `GARCIA' class frigates BRADLEY (FF 1041), DAVIDSON (FF
1045), SAMPLE (FF 1048) and ALBERT DAVID (FF 1050). Such transfers shall be on
a grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j).
(c) CHILE- The President is authorized to transfer to the Government of
the Chile two `OLIVER HAZARD PERRY' class guided missile frigates WADSWORTH
(FFG 9), and ESTOCIN (FFG 15). Such transfers shall be on a combined
lease-sale basis under sections 61 and 21 of the Arms Export Control Act (22
U.S.C. 2796, 2761).
(d) EGYPT- The President is authorized to transfer to the Government of
Egypt one `DIXIE' class destroyer tender, YOSEMITE (AD 19). Such transfer
shall be on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j).
(e) GREECE- The President is authorized to transfer to the Government of
Greece two `KNOX' class frigates VREELAND (FF 1068), and TRIPPE (FF 1075).
Such transfers shall be on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(f) TURKEY- The President is authorized to transfer to the Government of
Turkey two `OLIVER HAZARD PERRY' class guided missile frigates JOHN A. MOORE
(FFG 19), and FLATLEY (FFG 21). Such transfers shall be on a combined
lease-sale basis under sections 61 and 21 of the Arms Export Control Act (22
U.S.C. 2796, 2761). The authority granted by this section is in addition to
that granted under section 1018(a)(9) of Public Law 106-65.
SEC. 792. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF
TRANSFERRED EXCESS DEFENSE ARTICLES.
The value of naval vessels authorized under section 791 of this Act to be
transferred on a grant basis under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j) shall not be included in the aggregate annual value
of transferred excess defense articles which is subject to the aggregate
annual limitation set forth in section 516(g) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j(g)).
SEC. 793. COSTS OF TRANSFERS.
Any expense of the United States in connection with a transfer authorized
by this Act shall be charged to the recipient.
SEC. 794. CONDITIONS RELATING TO COMBINED LEASE-SALE TRANSFERS.
A transfer of a vessel on a combined lease-sale basis authorized by
section 791 shall be made in accordance with the following requirements:
(1) The President may initially transfer the vessel by lease, with lease
payments suspended for the term of the lease, if the country entering into
the lease for the vessel simultaneously enters into a foreign military sales
agreement for the transfer of title to the vessel.
(2) The President may not deliver to the purchasing country title to the
vessel until the purchase price of the vessel under such a foreign military
sales agreement is paid in full.
(3) Upon payment of the purchase price in full under such a sales
agreement and delivery of title to the recipient country, the President
shall terminate the lease.
(4) If the purchasing country fails to make full payment of the purchase
price in accordance with the sales agreement by the date required under the
sales agreement--
(A) the sales agreement shall be immediately terminated;
(B) the suspension of lease payments under the lease shall be vacated;
and
(C) the United States shall be entitled to retain all funds received
on or before the date of the termination under the sales agreement, up to
the amount of lease payments due and payable under the lease and all other
costs required by the lease to be paid to that date.
(5) If a sales agreement is terminated pursuant to paragraph (4), the
United States shall not be required to pay any interest to the recipient
country on any amount paid to the United States by the recipient country
under the sales agreement and not retained by the United States under the
lease.
SEC. 795. FUNDING OF CERTAIN COSTS OF TRANSFERS.
There are authorized to be appropriated to the Defense Vessels Transfer
Program Account such funds as may be necessary to cover the costs (as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the
lease-sale transfers authorized by section 791. Funds authorized to be
appropriated under the preceding sentence for the purpose described in that
sentence may not be available for any other purpose.
SEC. 796. EXPIRATION OF AUTHORITY.
The authority granted by section 791 of this Act shall expire two years
after the date of enactment of this Act.
Subtitle H--Definition
SEC. 797. APPROPRIATE COMMITTEES OF C0NGRESS DEFINED.
In this title, the term `appropriate committees of Congress' means the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
TITLE VIII--SPECIAL AUTHORITIES AND OTHER PROVISIONS
SEC. 801. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT
LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.
Section 620H(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2378(a)(1)) is amended by inserting `and the Arms Export Control Act' after
`this Act'.
SEC. 802. EFFECTIVE PROGRAM OVERSIGHT.
Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C. 2395), as
amended by section 204 of this Act, is further amended by adding at the end
thereof the following new subsection:
`(m) The Administrator of the agency primarily responsible for
administering part I may use funds made available under that part to provide
program and management oversight for activities that are funded under that
part and that are conducted in countries in which the agency does not have a
field mission or office.'.
SEC. 803. TERMINATION EXPENSES.
Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367) is
amended to read as follows:
`SEC. 617. TERMINATION EXPENSES.
`(a) IN GENERAL- Funds made available under this Act and the Arms Export
Control Act, may remain available for obligation for a period not to exceed 8
months from the date of any termination of assistance under such Acts for the
necessary expenses of winding up programs related to such termination and may
remain available until expended. Funds obligated under the authority of such
Acts prior to the effective date of the termination of assistance may remain
available for expenditure for the necessary expenses of winding up programs
related to such termination notwithstanding any provision of law restricting
the expenditure of funds. In order to ensure the effectiveness of such
assistance, such expenses for orderly termination of programs may include the
obligation and expenditure of funds to complete the training or studies
outside their countries of origin of students whose course of study or
training program began before assistance was terminated.
`(b) LIABILITY TO CONTRACTORS- For the purpose of making an equitable
settlement of termination claims under extraordinary contractual relief
standards, the President is authorized to adopt as a contract or other
obligation of the United States Government, and assume (in whole or in part)
any liabilities arising thereunder, any contract with a United States or
third-country contractor that had been funded with assistance under such Acts
prior to the termination of assistance.
`(c) TERMINATION EXPENSES- Amounts certified as having been obligated for
assistance subsequently terminated by the President, or pursuant to any
provision of law, shall continue to remain available and may be reobligated to
meet any necessary expenses arising from the termination of such
assistance.
`(d) GUARANTY PROGRAMS- Provisions of this or any other Act requiring the
termination of assistance under this or any other Act shall not be construed
to require the termination of guarantee commitments that were entered into
prior to the effective date of the termination of assistance.
`(e) RELATION TO OTHER PROVISIONS- Unless specifically made inapplicable
by another provision of law, the provisions of this section shall be
applicable to the termination of assistance pursuant to any provision of
law.'.
SEC. 804. ADMINISTRATION OF JUSTICE.
Section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c) is
amended--
(1) in subsection (a), by striking `in order to strengthen the
administration of justice in countries in Latin America and the Caribbean'
and inserting `in order to support or strengthen the administration of
justice'; and
(2) in subsection (e), by striking the last sentence.
SEC. 805. CHANGE FROM SEMIANNUAL TO ANNUAL REPORTING OF ENVIRONMENTAL
IMPACTS OF MDB ASSISTANCE PROPOSALS.
Section 1303(c) of the International Financial Institutions Act (22 U.S.C.
262m-3(c)) is amended by striking `and December 31'.
SEC. 806. SENSE OF THE SENATE ON ENVIRONMENTAL CONTAMINATION AND HEALTH
EFFECTS EMANATING FROM THE FORMER UNITED STATES MILITARY FACILITIES IN THE
PHILIPPINES.
It is the sense of the Senate that--
(1) the Secretary of State, in cooperation with the Secretary of
Defense, should work with the Government of the Philippines and with
appropriate nongovernmental organizations in the United States and the
Philippines to fully identify and share all relevant information concerning
environmental contamination and health effects emanating from United States
military facilities following the departure of United States military forces
from the Philippines in 1992; and
(2) the United States should work with the Government of the Philippines
to help ameliorate the environmental contamination and health effects
emanating from United States military facilities following the departure of
United States military forces from the Philippines in 1992.
SEC. 807. REPEAL OF OBSOLETE PROVISIONS.
(a) 1992 JOBS THROUGH EXPORTS ACT- Title III of the Jobs Through Exports
Act of 1992 is repealed.
(b) 1988 OPIC ACT- The Overseas Private Investment Corporation Amendments
Act of 1988 (as enacted by reference by section 555 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989) is
repealed.
(c) 1988 INTERNATIONAL NARCOTICS CONTROL ACT- The International Narcotics
Control Act of 1988 is repealed.
(d) 1988 FOREIGN OPERATIONS APPROPRIATIONS ACT- Section 537(h)(2) of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
1988, as included in Public Law 100-202, is repealed.
(e) NARCOTICS CONTROL TRADE ACT- Sections 802(e) and 804 of the Narcotics
Control Trade Act (which is title VIII of the Trade Act of 1974) are
repealed.
(f) 1987 FOREIGN ASSISTANCE APPROPRIATIONS ACT- Section 539(g)(2) of the
Foreign Assistance and Related Programs Appropriations Act, 1987, as included
in Public Law 99-591, is repealed.
(g) 1986 DRUG ACT- The International Narcotics Control Act of 1986 (which
is title II of the Anti-Drug Abuse Act of 1986) is repealed.
(h) 1986 ASSISTANCE ACT- The Special Foreign Assistance Act of 1986 is
repealed except for section 1 and section 204.
(i) 1985 ASSISTANCE ACT- The International Security and Development
Cooperation Act of 1985 is repealed except for section 1, section 131, section
132, section 504, section 505, part B of title V (other than section 558 and
section 559), section 906, section 1302, section 1303, and section 1304.
(j) 1985 JORDAN SUPPLEMENTAL ACT- The Jordan Supplemental Economic
Assistance Authorization Act of 1985 is repealed.
(k) 1985 AFRICAN FAMINE ACT- The African Famine Relief and Recovery Act of
1985 is repealed.
(l) 1983 ASSISTANCE ACT- The International Security and Development
Assistance Authorization Act of 1983 is repealed.
(m) 1983 LEBANON ASSISTANCE ACT- The Lebanon Emergency Assistance Act of
1983 is repealed.
(n) 1981 ASSISTANCE ACT- The International Security and Development
Cooperation Act of 1981 is repealed except for section 1, section 709, section
714.
(o) 1981 OPIC AMENDMENTS ACT- The OPIC Amendments Act of 1981 is
repealed.
(p) 1980 ASSISTANCE ACT- The International Security and Development
Cooperation Act of 1980 is repealed except for section 1, section 110, section
316, and title V.
(q) 1979 DEVELOPMENT ASSISTANCE ACT- The International Development
Cooperation Act of 1979 is repealed.
(r) 1979 SECURITY ASSISTANCE ACT- The International Security Assistance
Act of 1979 is repealed.
(s) 1979 SPECIAL SECURITY ASSISTANCE ACT- The Special International
Security Assistance Act of 1979 is repealed.
(t) 1978 DEVELOPMENT ASSISTANCE ACT- The International Development and
Food Assistance Act of 1978 is repealed, except for section 1 and section
603(a)(2).
(u) 1978 SECURITY ASSISTANCE ACT- The International Security Assistance
Act of 1978 is repealed.
(v) 1977 DEVELOPMENT ASSISTANCE ACT- The International Development and
Food Assistance Act of 1977 is repealed except for section 1, section 132(b),
and section 133.
(w) 1977 SECURITY ASSISTANCE ACT- The International Security Assistance
Act of 1977 is repealed.
(x) 1976 SECURITY ASSISTANCE ACT- The International Security Assistance
and Arms Export Control Act is repealed except for section 1, section 201(b),
section 212(b), section 601, and section 608.
(y) 1975 DEVELOPMENT ASSISTANCE ACT- The International Development and
Food Assistance Act of 1975 is repealed.
(z) 1974 ASSISTANCE ACT- The Foreign Assistance Act of 1974 is
repealed.
(aa) 1973 EMERGENCY ASSISTANCE ACT- The Emergency Security Assistance Act
of 1973 is repealed.
(bb) 1973 ASSISTANCE ACT- The Foreign Assistance Act of 1973 is repealed,
except for section 1 and section 36.
(cc) 1971 ASSISTANCE ACT- The Foreign Assistance Act of 1971 is
repealed.
(dd) 1971 SPECIAL ASSISTANCE ACT- The Special Foreign Assistance Act of
1971 is repealed.
(ee) 1971 FMS ACT- The Act entitled `An Act to amend the Foreign Military
Sales Act, and for other purposes', approved January 12, 1971 (Public Law
91-672), is repealed, except for section 1 and section 10.
(ff) 1969 ASSISTANCE ACT- The Foreign Assistance Act of 1969 is repealed
except for the first section and part IV.
(gg) 1968 ASSISTANCE ACT- The Foreign Assistance Act of 1968 is
repealed.
(hh) 1964 ASSISTANCE ACT- The Foreign Assistance Act of 1964 is
repealed.
(ii) LATIN AMERICAN DEVELOPMENT ACT- The Latin American Development Act is
repealed.
(jj) 1959 MUTUAL SECURITY ACT- The Mutual Security Act of 1959 is
repealed.
(kk) 1954 MUTUAL SECURITY ACT- Section 402 and section 417 of the Mutual
Security Act of 1954 are repealed.Act is repealed.
(ll) SAVINGS PROVISION- Except as otherwise provided in this Act, the
repeal by this Act of any provision of law that amended or repealed another
provision of law does not affect in any way that amendment or repeal.
END