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[Congressional Record: October 24, 2000 (House)]
[Page H10759-H10790]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr24oc00-120]
CONFERENCE REPORT ON H.R. 4811, FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS APPROPRIATIONS ACT, 2001
Mr. CALLAHAN submitted the following conference report and statement
on the bill (H.R. 4811) making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes:
Conference Report (H. Rept. 106-997)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4811) ``making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes'', having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Section 101. (a) The provisions of H.R. 5526 of the 106th
Congress, as introduced on October 24, 2000, are hereby
enacted into law.
(b). In publishing the Act in slip form and in the United
States Statues at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the bill referred to in subsection
(a) of this section.
And the Senate agreed to the same.
Sonny Callahan,
John Edward Porter,
Frank R. Wolf,
Ron Packard,
Joe Knollenberg,
Jack Kingston,
Jerry Lewis,
Roger F. Wicker,
Bill Young,
Nancy Pelosi,
Nita M. Lowey,
Jesse Jackson, Jr.,
Carolyn C. Kilpatrick,
Martin Olav Sabo,
Dave Obey,
(except for cap adjustment),
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Kit Bond,
Ted Stevens,
Patrick Leahy,
Frank R. Lautenberg,
Tom Harkin,
Barbara A. Mikulski,
Patty Murray,
Robert C. Byrd,
Managers on the Part of the Senate.
joint explanatory statement of the committee of conference
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 4811) ``making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30,
2001'', submit the following joint statement to the House and
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying
conference report:
The conference agreement would enact the provisions of H.R.
5526 as introduced on October 24, 2000. The text of that bill
follows:
[[Page H10760]]
A BILL Making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2001, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act that has detonated a nuclear explosive after
the date of the enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $865,000,000 to
remain available until September 30, 2004: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until September 30, 2019 for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2001, 2002, 2003, and 2004:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, or related programs for tied-
aid credits or grants may be used for any other purpose
except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export Import Bank Act
of 1945, in connection with the purchase or lease of any
product by any East European country, any Baltic State or any
agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $62,000,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in
connection with the collection of moneys owed the Export-
Import Bank, repossession or sale of pledged collateral or
other assets acquired by the Export-Import Bank in
satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation
of the legal or technical aspects of any transaction for
which an application for a loan, guarantee or insurance
commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2001.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $38,000,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961 to be derived by transfer from the Overseas Private
Investment Corporation noncredit account: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2001 and 2002: Provided
further, That such sums shall remain available through fiscal
year 2010 for the disbursement of direct and guaranteed loans
obligated in fiscal years 2001 and 2002: Provided further,
That in addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until September 30, 2002.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2001,
unless otherwise specified herein, as follows:
agency for international development
child survival and disease programs fund
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, basic education, assistance to
combat tropical and other infectious diseases, and related
activities, in addition to funds otherwise available for such
purposes, $963,000,000, to remain available until expended:
Provided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral
rehydration programs; (3) health and nutrition programs, and
related education programs, which address the needs of
mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs
for the prevention, treatment, and control of, and research
on, tuberculosis, HIV/AIDS, polio, malaria and other
infectious diseases; and (7) basic education programs for
children: Provided further, That none of the funds
appropriated under this heading may be made available for
nonproject assistance, except that funds may be made
available for such assistance for basic education and ongoing
health programs: Provided further, That of the funds
appropriated under this heading, not to exceed $125,000, in
addition to funds otherwise available for such purposes, may
be used to monitor and provide oversight of child survival,
maternal health, and infectious disease programs: Provided
further, That the following amounts should be allocated as
follows: $295,000,000 for child survival and maternal health;
$30,000,000 for vulnerable children; $300,000,000 for HIV/
AIDS; $125,000,000 for other infectious diseases;
$103,000,000 for children's basic education; and $110,000,000
for UNICEF: Provided further, That of the funds appropriated
under this heading, up to $50,000,000 may be made available
for a United States contribution to the Global Fund for
Children's Vaccines, up to $10,000,000 may be made available
for the International AIDS Vaccine Initiative, and up to
$20,000,000 may be made available for a United States
contribution to an international HIV/AIDS fund as authorized
by subtitle B, title I of Public Law 106-264, or a comparable
international HIV/AIDS fund.
development assistance
For necessary expenses to carry out the provisions of
sections 103 through 106, and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96-533) and the provisions of section 401 of the Foreign
Assistance Act of 1969, $1,305,000,000, to remain available
until September 30, 2002: Provided, That of the amount
appropriated under this heading, up to $12,000,000 may be
made available for and apportioned directly to the Inter-
American Foundation: Provided further, That of the amount
appropriated under this heading, up to $16,000,000 may be
made available for the African Development Foundation and
shall be apportioned directly to that agency: Provided
further, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations may be
made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that
[[Page H10761]]
might render the use of the method inadvisable and those
adverse side effects known to be consequent to the use of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits;
and, not less than 60 days after the date on which the
Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate, a report
containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104
of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none
of the funds appropriated under this heading may be made
available for any activity which is in contravention to the
Convention on International Trade in Endangered Species of
Flora and Fauna (CITES): Provided further, That of the funds
appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and
victims of war, not to exceed $25,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of such programs: Provided further,
That of the aggregate amount of the funds appropriated by
this Act to carry out part I of the Foreign Assistance Act
of 1961 and the Support for East European Democracy (SEED)
Act of 1989, not less than $310,000,000 should be made
available for agriculture and rural development programs
of which $30,000,000 should be made available for plant
biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for
core support for the International Fertilizer Development
Center: Provided further, That of the funds appropriated
under this heading, not less than $5,200,000 shall be made
available to AmeriCares for the construction,
rehabilitation, and operation of community-based primary
healthcare facilities in Nicaragua, Honduras, Guatemala,
and El Salvador: Provided further, That of the funds
appropriated under this heading, not less than $500,000
should be made available for support of the United States
Telecommunications Training Institute: Provided further,
That of the funds appropriated under this heading, not
less than $17,000,000 should be made available for the
American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this
heading, not less than $2,000,000 should be available to
support an international media training center.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$15,000,000 shall be made available for Cyprus to be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus.
lebanon
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$35,000,000 shall be made available for Lebanon to be used,
among other programs, for scholarships and direct support of
the American educational institutions in Lebanon.
burma
Of the funds appropriated under the headings ``Economic
Support Fund'' and ``Development Assistance'', not less than
$6,500,000 shall be made available to support democracy
activities in Burma, democracy and humanitarian activities
along the Burma-Thailand border, and for Burmese student
groups and other organizations located outside Burma:
Provided, That funds made available for Burma-related
activities under this heading may be made available
notwithstanding any other provision of law: Provided further,
That the provision of such funds shall be made available
subject to the regular notification procedures of the
Committees on Appropriations.
CONSERVATION FUND
Of the funds made available under the headings
``Development Assistance'' and ``Economic Support Fund'', not
less than $4,000,000 should be made available to support the
preservation of habitats and related activities for
endangered wildlife.
private and voluntary organizations
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 percent of its total annual funding for
international activities from sources other than the United
States Government: Provided, That the Administrator of the
Agency for International Development, after informing the
Committees on Appropriations, may, on a case-by-case basis,
waive the restriction contained in this paragraph, after
taking into account the effectiveness of the overseas
development activities of the organization, its level of
volunteer support, its financial viability and stability, and
the degree of its dependence for its financial support on the
agency.
Funds appropriated or otherwise made available under title
II of this Act should be made available to private and
voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $165,000,000, to remain available until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961: Provided, That such costs shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That guarantees of loans made under
this heading in support of microenterprise activities may
guarantee up to 70 percent of the principal amount of any
such loans notwithstanding section 108 of the Foreign
Assistance Act of 1961. In addition, for administrative
expenses to carry out programs under this heading, $500,000,
all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds made
available under this heading shall remain available until
September 30, 2002.
development credit program account
(including transfer of funds)
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 635 of the Foreign
Assistance Act of 1961: Provided, That such funds shall be
made available only for urban and environmental programs:
Provided further, That for the cost of direct loans and loan
guarantees, up to $5,000,000 of funds appropriated by this
Act under the heading ``Development Assistance'', may be
transferred to and merged with funds appropriated under this
heading to be made available for the purposes of part I of
the Foreign Assistance Act of 1961: Provided further, That
such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading. In addition, for administrative expenses to carry
out credit programs administered by the Agency for
International Development, $4,000,000, all of which may be
transferred to and merged with the appropriation for
Operating Expenses of the Agency for International
Development: Provided further, That funds appropriated under
this heading shall remain available until September 30, 2002.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $44,489,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of
section 667, $520,000,000: Provided, That none of the funds
appropriated under this heading may be made available to
finance the construction (including architect and engineering
services), purchase, or long term lease of offices for use by
the Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long term lease of
offices does not exceed $1,000,000.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of
section 667, $27,000,000, to remain available until September
30, 2002, which sum shall be available for the Office of the
Inspector General of the Agency for International
Development.
[[Page H10762]]
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,295,000,000, to remain available
until September 30, 2002: Provided, That of the funds
appropriated under this heading, not less than $840,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act or by
October 31, 2000, whichever is later: Provided further, That
not less than $695,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which
sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken
in previous fiscal years, and of which not less than
$200,000,000 shall be provided as Commodity Import Program
assistance: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that
Israel enters into a side letter agreement in an amount
proportional to the fiscal year 1999 agreement: Provided
further, That of the funds appropriated under this heading,
not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000
shall be made available for assistance for East Timor of
which up to $1,000,000 may be transferred to and merged with
the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That of the
funds appropriated under this heading, in addition to funds
otherwise made available for Indonesia, not less than
$5,000,000 should be made available for economic
rehabilitation and related activities in Aceh, Indonesia:
Provided further, That funds made available in the previous
proviso may be transferred to and merged with the
appropriation for Transition Initiatives: Provided further,
That none of the funds appropriated under this heading shall
be obligated for regional or global programs, except as
provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds made available under this heading not less than
$12,000,000 should be made available for Mongolia: Provided
further, That up to $10,000,000 of the funds appropriated
under this heading may be used, notwithstanding any other
provision of law, to provide assistance to the National
Democratic Alliance of Sudan to strengthen its ability to
protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its
militia allies, and the provision of such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in
the previous proviso, the term ``assistance'' includes
non-lethal, non-food aid such as blankets, medicine, fuel,
mobile clinics, water drilling equipment, communications
equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes.
international fund for ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$25,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall
be made available in accordance with the provisions of the
Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
415): Provided, That such amount shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That funds made available
under this heading shall remain available until September 30,
2002.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $600,000,000, to
remain available until September 30, 2002, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States: Provided, That of the funds appropriated
under this heading not less than $5,000,000 shall be made
available for assistance for the Baltic States: Provided
further, That funds made available for assistance for Kosova
from funds appropriated under this heading and under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' shall not exceed 15
percent of the total resources pledged by all donors for
calendar year 2001 for assistance for Kosova as of March 31,
2001: Provided further, That of the funds made available
under this heading for Kosova, not less than $1,300,000
should be made available to support the National Albanian
American Council's training program for Kosovar women:
Provided further, That none of the funds made available under
this Act for assistance for Kosova shall be made available
for large scale physical infrastructure reconstruction:
Provided further, That of the funds made available under this
heading and the headings ``International Narcotics Control
and Law Enforcement'' and ``Economic Support Fund'', not to
exceed $80,000,000 shall be made available for Bosnia and
Herzegovina.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) None of the funds appropriated under this heading may
be made available for new housing construction or repair or
reconstruction of existing housing in Bosnia and Herzegovina
unless directly related to the efforts of United States
troops to promote peace in said country.
(e) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the Agency for International
Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for
such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee.
(f ) The provisions of section 532 of this Act shall apply
to funds made available under subsection (e) and to funds
appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 532 of this Act, local currencies
generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(g) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between Iranian officials and Bosnian
officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $810,000,000, to remain available until September
30, 2002: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
15 percent may be used for confidence-building measures and
other activities in furtherance of the peaceful resolution of
the regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
amounts appropriated under this heading not less than
$20,000,000 shall be made available solely for the Russian
Far East: Provided further, That of the funds appropriated
under this heading, not less than $1,500,000 should be
available only to meet the health and other assistance needs
of victims of trafficking in persons.
(b) Of the funds appropriated under this heading, not less
than $170,000,000 should be made available for assistance for
Ukraine: Provided, That of this amount, not less than
$25,000,000 should be made available for nuclear reactor
safety initiatives, and not less than $5,000,000 should be
made available for the Ukranian Land and Resource Management
Center.
(c) Of the funds appropriated under this heading, not less
than $92,000,000 shall be made available for assistance for
Georgia of which not less than $25,000,000 should be made
available to support Border Security Guard and export control
initiatives.
(d) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(f) Not more than 25 percent of the funds appropriated
under this heading may be made available for assistance for
any country in the region. Activities authorized under title
V (nonproliferation and disarmament programs and activities)
of the FREEDOM Support Act shall not be counted against the
25 percent limitation.
[[Page H10763]]
(g) Of the funds made available under this heading for
nuclear safety activities, not to exceed 8 percent of the
funds provided for any single project may be used to pay for
management costs incurred by a United States agency or
national lab in administering said project.
(h)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation.
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability;
(B) is cooperating with international efforts to
investigate allegations of war crimes and atrocities in
Chechnya;
(C) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya; and
(D) is in compliance with article V of the Treaty on
Conventional Armed Forces in Europe regarding forces deployed
in the flank zone in and around Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(i) Of the funds appropriated under this heading for
assistance for Russia, and the heading ``Migration and
Refugee Assistance'', not less than $10,000,000 shall be made
available to non-government organization providing
humanitarian relief in Checknya and Ingushetia.
(j) Of the funds appropriated under this heading, not less
than $45,000,000 shall be made available, in addition to
funds otherwise available for such purposes, for assistance
for child survival, environmental health, and to combat
infectious diseases, and for related activities.
Independent Agency
peace corps
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $265,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2002.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $325,000,000, to remain
available until expended: Provided, That any funds made
available under this heading for anti-crime programs and
activities shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2001, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing it
to a foreign country under chapter 8 of part I of that Act
subject to the regular notification procedures of the
Committees on Appropriations.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $700,000,000,
which shall remain available until expended: Provided, That
not more than $14,500,000 shall be available for
administrative expenses: Provided further, That funds
appropriated under this heading to support activities and
programs conducted by the United Nations High Commissioner
for Refugees shall be made available after reporting at
least 5 days in advance to the Committees on
Appropriations: Provided further, That the reporting
requirement contained in the previous proviso may be
waived for any such obligation if failure to waive this
requirement would pose a substantial risk to human health
or welfare: Provided further, That in case of any such
waiver, a report to the Committees on Appropriations shall
be provided as early as practicable, but in no event later
than 5 days after such obligation: Provided further, That
not less than $60,000,000 of the funds made available
under this heading shall be made available for refugees
from the former Soviet Union and Eastern Europe and other
refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $15,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Act which
would limit the amount of funds which could be appropriated
for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $311,600,000, to carry
out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, section
504 of the FREEDOM Support Act, section 23 of the Arms Export
Control Act or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary
contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That the Secretary of State shall
inform the Committees on Appropriations at least 20 days
prior to the obligation of funds for the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission: Provided
further, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for
the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and
disarmament: Provided further, That such funds may also be
used for such countries other than the Independent States of
the former Soviet Union and international organizations when
it is in the national security interest of the United States
to do so: Provided further, That such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the
activities of that Agency: Provided further, That of the
funds appropriated under this heading, $40,000,000 should be
made available for demining, clearance of unexploded
ordnance, and related activities: Provided further, That of
the funds made available for demining and related activities,
not to exceed $500,000, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of the
demining program.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating
to international affairs technical assistance activities),
$6,000,000, to remain available until expended, which shall
be available nowithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, and of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, and concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $238,000,000, to remain
available until expended: Provided, That of this amount, not
less than $13,000,000 shall be made available to carry out
the provisions of part V of the Foreign Assistance Act of
1961: Provided further, That funds appropriated or otherwise
made available under this heading in this Act may be used by
the Secretary of the Treasury to pay to the Heavily Indebted
Poor Countries (HIPC) Trust Fund administered by the
International Bank for Reconstruction and Development amounts
for the benefit of countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106-113: Provided
further, That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC
initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such
country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided
[[Page H10764]]
further, That on the basis of final appropriations, the
Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(b) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Acts shall be made available for Sudan or
Burma unless the Secretary of Treasury determines and
notifies the Committees on Appropriations that a
democratically elected government has taken office: Provided
further, That the authority provided by section 572 of Public
Law 100-461 may be exercised only with respect to countries
that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$55,000,000, of which up to $1,000,000 may remain available
until expended: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That funds
appropriated under this heading for grant financed military
education and training for Indonesia and Guatemala may only
be available for expanded international military education
and training and funds made available for Indonesia and
Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,545,000,000: Provided, That of the funds
appropriated under this heading, not less than $1,980,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days
of the enactment of this Act or by October 31, 2000,
whichever is later: Provided further, That to the extent that
the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less
than $520,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That of the funds
appropriated by this paragraph, not less than $75,000,000
should be available for assistance for Jordan: Provided
further, That of the funds appropriated by this paragraph,
not less than $3,000,000 shall be made available for
assistance for Malta: Provided further, That of the funds
appropriated by this paragraph, not less than $8,500,000
shall be made available for assistance for Tunisia: Provided
further, That during fiscal year 2001, the President is
authorized to, and shall, direct the draw-downs of defense
articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training of an aggregate value of not less than
$5,000,000 under the authority of this proviso for Tunisia
for the purposes of part II of the Foreign Assistance Act of
1961 and any amount so directed shall count toward meeting
the earmark in the preceding proviso: Provided further, That
of the funds appropriated by this paragraph, not less than
$8,000,000 shall be made available for Georgia: Provided
further, That during fiscal year 2001, the President is
authorized to, and shall, direct the draw-downs of defense
articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training of an aggregate value of not less than
$4,000,000 under the authority of this proviso for Georgia
for the purposes of part II of the Foreign Assistance Act of
1961 and any amount so directed shall count toward meeting
the earmark in the preceding proviso: Provided further, That
funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made
available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the
Arms Export Control Act unless the foreign country
proposing to make such procurements has first signed an
agreement with the United States Government specifying the
conditions under which such procurements may be financed
with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through
the regular notification procedures of section 515 of this
Act: Provided further, That none of the funds appropriated
under this heading shall be available for assistance for
Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and
international organizations: Provided further, That none
of the funds appropriated under this heading shall be
available for assistance for Guatemala: Provided further,
That only those countries for which assistance was
justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and
construction services that are not sold by the United
States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to
make timely payment for defense articles and services:
Provided further, That not more than $33,000,000 of the
funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the
United States, for the general costs of administering
military assistance and sales: Provided further, That not
more than $340,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of
Defense during fiscal year 2001 pursuant to section 43(b)
of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2001 shall be transferred to an
interest bearing account for Egypt in the Federal Reserve
Bank of New York within 30 days of enactment of this Act
or by October 31, 2000, whichever is later: Provided
further, That the Committees on Appropriations shall be
informed at least 10 days prior to the obligation of any
interest accrued by the account established by the
previous proviso.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$127,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $108,000,000, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $775,000,000, to remain
available until expended: Provided: That the Secretary of the
Treasury shall: (1) accord high priority to encouraging the
International Development Association to establish and
implement a policy to provide new assistance on grant terms
to enhanced HIPC Initiative countries that have reached the
completion point; and (2) submit a report to the Speaker of
the House of Representatives, the President of the Senate,
and the Committees on Appropriations no later than June 30,
2001, on the progress reached in achieving the objective set
forth in clause (1): Provided further, That in negotiating
United States participation in the next replenishment of the
International Development Association, the Secretary of the
Treasury shall accord high priority to providing the
International Development Association with the policy
flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC
Initiative.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $10,000,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
limitation on callable capital
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share
[[Page H10765]]
of such capital stock in an amount not to exceed $50,000,000.
Contribution to the Inter-American Investment Corporation
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $25,000,000, for the United
States share of the increase in subscriptions to capital
stock, to remain available until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $10,000,000, to
remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $72,000,000, to remain available until
expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the
Secretary of the Treasury, $6,100,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $97,548,522.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $100,000,000, to remain available until
expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,778,717,
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $5,000,000, to remain available
until expended.
International Organizations and Programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $186,000,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That not less than $5,000,000
should be made available to the World Food Program: Provided
further, That none of the funds appropriated under this
heading may be made available to the Korean Peninsula Energy
Development Organization (KEDO) or the International Atomic
Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.
prohibition of bilateral funding for international financial
institutions
Sec. 502. Notwithstanding section 614 of the Foreign
Assistance Act of 1961, none of the funds contained in title
II of this Act may be used to carry out the provisions of
section 209(d) of the Foreign Assistance Act of 1961:
Provided, That none of the funds appropriated by title II of
this Act may be transferred by the Agency for International
Development directly to an international financial
institution (as defined in section 533 of this Act) for the
purpose of repaying a foreign country's loan obligations to
such institution.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided,
That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected head of government is deposed by decree or military
coup: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the end
of the fiscal year immediately preceding the current fiscal
year are, if deobligated, hereby continued available during
the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act:
Provided, That the authority of this subsection may not be
used in fiscal year 2001.
availability of funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, and chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'',
shall remain available until expended if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time
of submission of such report, those funds allocated for cash
disbursement for balance of payment and economic policy
reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act: Provided, That this section and section
620(q) of the Foreign Assistance Act of 1961 shall not apply
to funds made available for any narcotics-related assistance
for Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
[[Page H10766]]
commerce and trade
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. (a) For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Disease Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the Independent States of
the Former Soviet Union'', ``Economic Support Fund'',
``Peacekeeping Operations'', ``Operating Expenses of the
Agency for International Development'', ``Operating Expenses
of the Agency for International Development Office of
Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``Peace Corps'', and ``Migration and Refugee Assistance'',
shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees
of both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the
Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on
Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2002.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet
Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for
projects or activities that have as one of their primary
purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New
Independent States and the implementing agency shall
encourage the participation of and give significant weight to
contractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations: Provided, That none of the funds
[[Page H10767]]
made available under this Act may be used to lobby for or
against abortion.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2001, for programs under title I of this Act may
be transferred between such appropriations for use for any of
the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Haiti, Liberia,
Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the
Democratic Republic of Congo except as provided through the
regular notification procedures of the Committees on
Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
child survival and disease prevention activities
Sec. 522. Up to $16,000,000 of the funds made available by
this Act for assistance under the heading ``Child Survival
and Disease Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including
for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the
Agency for International Development for the purpose of
carrying out child survival, basic education, and
infectious disease activities: Provided, That up to
$1,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance''
may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying
out other development assistance activities: Provided
further, That funds appropriated by this Act that are made
available for child survival activities or disease
programs including activities relating to research on, and
the prevention, treatment and control of, Acquired Immune
Deficiency Syndrome may be made available notwithstanding
any provision of law that restricts assistance to foreign
countries: Provided further, That funds appropriated under
title II of this Act may be made available pursuant to
section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival
and related programs.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or the People's Republic of
China, unless the President of the United States certifies
that the withholding of these funds is contrary to the
national interest of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f ) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
Sec. 525. Funds appropriated by this Act, except funds
appropriated under the headings ``International Military
Education and Training'' and ``Foreign Military Financing
Program'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
democracy in china
Sec. 526. Notwithstanding any other provision of law that
restricts assistance to foreign countries, funds appropriated
by this Act for ``Economic Support Fund'' may be made
available to provide general support and grants for
nongovernmental organizations located outside the People's
Republic of China that have as their primary purpose
fostering democracy in that country, and for activities of
nongovernmental organizations located outside the People's
Republic of China to foster rule of law and democracy in that
country: Provided, That none of the funds made available for
activities to foster democracy in the People's Republic of
China may be made available for assistance to the government
of that country, except that funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made
available for the National Endowment for Democracy or its
grantees may be made available for activities to foster
democracy in that country notwithstanding this proviso and
any other provision of law: Provided further, That upon
enactment of this Act funds appropriated by this or any prior
Acts making appropriations for foreign operations, export
financing, and related programs, that are provided to the
National Endowment for Democracy shall be provided
notwithstanding any other provision of law or regulation:
Provided further, That funds made available pursuant to the
authority of this section shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That notwithstanding any other provision of
law, of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not to exceed $2,000,000 may be made available
to nongovernmental organizations located outside the People's
Republic of China to support activities which preserve
cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in that
country: Provided further, That the final proviso in section
526 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (as enacted into law by
section 1000(a)(2) of Public Law 106-113) is amended by
striking ``Robert F. Kennedy Memorial Center for Human
Rights'' and inserting ``Jamestown Foundation''.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
report on implementation of supplemental appropriations
Sec. 528. (a) Beginning not later than January 1, 2001, the
Secretary of State shall provide quarterly reports to the
Committees on Appropriations providing information on the use
of funds appropriated in title VI of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2000 (as enacted into law by section 1000(a)(2) of Public Law
106-113). Each report shall include the following--
(1) the current and projected status of obligations and
expenditures by appropriations account, by country, and by
program, project, and activity;
(2) the contractors and subcontractors engaged in
activities funded from appropriations contained in title VI;
and
(3) the procedures and processes under which decisions have
been or will be made on which programs, projects, and
activities are funded through appropriations contained in
title VI.
(b) For each report required by this section, a classified
annex may be submitted if deemed necessary and appropriate.
(c) The last quarterly report required by this section
shall be provided to the Committees on Appropriations by
January 1, 2002.
COMPETITIVE INSURANCE
Sec. 529. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity to
bid for insurance when such insurance is necessary or
appropriate.
Peru
Sec. 530. (a) Determination.--Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter during fiscal year 2001, the Secretary of
State shall determine and report to the Committees on
Appropriations whether the Government of Peru has made
substantial progress in creating the conditions for free and
fair elections, and in respecting human rights, the rule of
law, the independence and constitutional role of the
judiciary and national congress, and freedom of expression
and independent media.
(b) Prohibition.--If the Secretary determines and reports
pursuant to subsection (a) that the Government of Peru has
not made substantial progress, no funds appropriated by this
Act may be made available for assistance for the Central
Government of Peru.
(c) Of the funds appropriated by this Act, not less than
$2,000,000 should be made available to support the work of
nongovernmental organizations and the Organization of
American States in promoting free and fair elections,
democratic institutions, and human rights in Peru.
DEBT-FOR-DEVELOPMENT
Sec. 531. In order to enhance the continued participation
of nongovernmental organizations
[[Page H10768]]
in economic assistance activities under the Foreign
Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency
for International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a
result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 532. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the Agency
for International Development shall report on an annual basis
as part of the justification documents submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 534. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of
part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
authorities for the peace corps, international fund for agricultural
development, inter-american foundation and african development
foundation
Sec. 535. (a) Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations
on the availability of funds for ``International
Organizations and Programs'' in this or any other Act,
including prior appropriations Acts, shall not be construed
to be applicable to the International Fund for Agricultural
Development.
impact on jobs in the united states
Sec. 536. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
CLEAN COAL TECHNOLOGY
Sec. 537. (a) Findings.--The Congress finds as follows:
(1) The United States is the world leader in the
development of environmental technologies, particularly clean
coal technology.
(2) Severe pollution problems affecting people in
developing countries, and the serious health problems that
result from such pollution, can be effectively addressed
through the application of United States technology.
(3) During the next century, developing countries,
particularly countries in Asia such as China and India, will
dramatically increase their consumption of electricity, and
low quality coal will be a major source of fuel for power
generation.
(4) Without the use of modern clean coal technology, the
resultant pollution will cause enormous health and
environmental problems leading to diminished economic
growth in developing countries and, thus, diminished
United States exports to those growing markets.
(b) Statement of Policy.--It is the policy of the United
States to promote the export of United States clean coal
technology. In furtherance of that policy, the Secretary of
State, the Secretary of the Treasury (acting through the
United States executive directors to international financial
institutions), the Secretary of Energy, and the Administrator
of the United States Agency for International Development
(USAID) should, as appropriate, vigorously promote the use of
United States clean coal technology in environmental and
energy infrastructure programs, projects and activities.
Programs, projects and activities for which the use of such
technology should be considered include reconstruction
assistance for the Balkans, activities carried out by the
Global Environment Facility,
[[Page H10769]]
and activities funded from USAID's Development Credit
Authority.
special authorities
Sec. 538. (a) Afghanistan, Lebanon, Montenegro, Victims of
War, Displaced Children, and Displaced Burmese.--Funds
appropriated in titles I and II of this Act that are made
available for Afghanistan, Lebanon, Montenegro, and for
victims of war, displaced children, and displaced Burmese,
may be made available notwithstanding any other provision of
law: Provided, That any such funds that are made available
for Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section 906
of the International Security and Development Cooperation Act
of 1985.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose
of supporting tropical forestry and biodiversity conservation
activities and, subject to the regular notification
procedures of the Committees on Appropriations, energy
programs aimed at reducing greenhouse gas emissions:
Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the Agency for
International Development to employ up to 25 personal
services contractors in the United States, notwithstanding
any other provision of law, for the purpose of providing
direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct
hire personnel are hired and trained: Provided, that not more
than 10 of such contractors shall be assigned to any bureau
or office: Provided further, That such funds appropriated to
carry out the Foreign Assistance Act of 1961 may be made
available for personal services contractors assigned only to
the Office of Health and Nutrition; the Office of
Procurement; the Bureau for Africa; the Bureau for Latin
America and the Caribbean; and the Bureau for Asia and the
Near East: Provided further, that such funds appropriated to
carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for
personal services contractors assigned to the Office of Food
for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
policy on terminating the arab league boycott of israel and normalizing
relations with israel
Sec. 539. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel and should normalize their
relations with Israel;
(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and
disappointing;
(3) the fact that only three Arab countries maintain full
diplomatic relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal
relations with their neighbor Israel; and
(5) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel and to
normalize their relations with Israel;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said country;
(C) report to Congress annually on the specific steps being
taken by the United States and the progress achieved to bring
about a public renunciation of the Arab primary boycott of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel and to
expand the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
administration of justice activities
Sec. 540. Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in
judicial cases may be conducted notwithstanding section 660
of that Act. Funds made available pursuant to this section
may be made available notwithstanding section 534(c) and the
second and third sentences of section 534(e) of the Foreign
Assistance Act of 1961.
eligibility for assistance
Sec. 541. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That the President shall take into consideration,
in any case in which a restriction on assistance would be
applicable but for this subsection, whether assistance in
support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to
be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That
nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2001, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally
recognized human rights.
earmarks
Sec. 542. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United
States with base rights or base access in that country, if
the President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since the
enactment of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991; however, before
exercising the authority of this subsection with regard to a
base rights or base access country which has significantly
reduced its military or economic cooperation with the United
States, the President shall consult with, and shall provide a
written policy justification to the Committees on
Appropriations: Provided, That any such reprogramming shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection
shall be made available under the same terms and conditions
as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
ceilings and earmarks
Sec. 543. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 544. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
purchase of american-made equipment and products
Sec. 545. (a) To the maximum extent possible, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
(b) It is the sense of the Congress that, to the greatest
extent practicable, all agriculture commodities, equipment
and products purchased
[[Page H10770]]
with funds made available in this Act should be American-
made.
(c) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (b) by the
Congress.
(d) The Secretary of the Treasury shall report to Congress
annually on the efforts of the heads of each Federal agency
and the United States directors of international financial
institutions (as referenced in section 514) in complying with
this sense of the Congress.
prohibition of payments to united nations members
Sec. 546. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation
at international conferences held under the auspices of
multilateral or international organizations.
consulting services
Sec. 547. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 548. None of the funds appropriated or made available
pursuant to this Act shall be available to a private
voluntary organization which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Agency for International
Development.
Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism
Sec. 549. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
40(d) of the Arms Export Control Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 550. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
the enactment of this Act shall be withheld from obligation
for such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 551. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
war crimes tribunals drawdown
Sec. 552. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That 60 days after
the date of the enactment of this Act, and every 180 days
thereafter until September 30, 2001, the Secretary of
State shall submit a report to the Committees on
Appropriations describing the steps the United States
Government is taking to collect information regarding
allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tribunal
for the former Yugoslavia: Provided further, That the
drawdown made under this section for any tribunal shall
not be construed as an endorsement or precedent for the
establishment of any standing or permanent international
criminal tribunal or court: Provided further, That funds
made available for tribunals other than Yugoslavia or
Rwanda shall be made available subject to the regular
notification procedures of the Committees on
Appropriations.
landmines
Sec. 553. Notwithstanding any other provision of law,
demining equipment available to the Agency for International
Development and the Department of State and used in support
of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and conditions as
the President may prescribe.
restrictions concerning the palestinian authority
Sec. 554. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 555. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Disease Programs
Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
special debt relief for the poorest
Sec. 556. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f
) of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern
[[Page H10771]]
of gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 557. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
assistance for haiti
Sec. 558. (a) None of the funds appropriated by this or any
previous appropriations Act for foreign operations, export
financing and related programs shall be made available for
assistance for the central Government of Haiti until--
(1) the Secretary of State reports to the Committees on
Appropriations that Haiti has held free and fair elections to
seat a new parliament; and
(2) the Director of the Office of National Drug Control
Policy reports to the Committees on Appropriations that the
Government of Haiti is fully cooperating with United States
efforts to interdict illicit drug traffic through Haiti to
the United States.
(b) Not more than 11 percent of the funds appropriated by
this Act to carry out the provisions of sections 103 through
106 and chapter 4 of part II of the Foreign Assistance Act of
1961, that are made available for Latin America and the
Caribbean region may be made available, through bilateral and
Latin America and the Caribbean regional programs, to provide
assistance for any country in such region.
requirement for disclosure of foreign aid in report of secretary of
state
Sec. 559. (a) Foreign Aid Reporting Requirement.--In
addition to the voting practices of a foreign country, the
report required to be submitted to Congress under section
406(a) of the Foreign Relations Authorization Act, fiscal
years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
by-side comparison of individual countries' overall support
for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal
year 2000.
(b) United States Assistance.--For purposes of this
section, the term ``United States assistance'' has the
meaning given the term in section 481(e)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
restrictions on voluntary contributions to united nations agencies
Sec. 560. (a) Prohibition on Voluntary Contributions for
the United Nations.--None of the funds appropriated by this
Act may be made available to pay any voluntary contribution
of the United States to the United Nations (including the
United Nations Development Program) if the United Nations
implements or imposes any taxation on any United States
persons.
(b) Certification Required for Disbursement of Funds.--None
of the funds appropriated by this Act may be made available
to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development
Program) unless the President certifies to the Congress 15
days in advance of such payment that the United Nations is
not engaged in any effort to implement or impose any taxation
on United States persons in order to raise revenue for the
United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United
States person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
haiti coast guard
Sec. 561. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard:
Provided, That the authority provided by this section shall
be subject to the regular notification procedures of the
Committees on Appropriations.
limitation on assistance to the palestinian authority
Sec. 562. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
limitation on assistance to security forces
Sec. 563. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is
taking effective measures to bring the responsible members of
the security forces unit to justice: Provided, That nothing
in this section shall be construed to withhold funds made
available by this Act from any unit of the security forces of
a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in
the event that funds are withheld from any unit pursuant to
this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and
shall, to the maximum extent practicable, assist the foreign
government in taking effective measures to bring the
responsible members of the security forces to justice.
restrictions on assistance to countries providing sanctuary to indicted
war criminals
Sec. 564. (a) Bilateral Assistance.--None of the funds made
available by this or any prior Act making appropriations for
foreign operations, export financing and related programs,
may be provided for any country, entity or municipality
described in subsection (e).
(b) Multilateral Assistance.--
(1) Prohibition.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to work in opposition
to, and vote against, any extension by such institutions of
any financial or technical assistance or grants of any kind
to any country or entity described in subsection (e).
(2) Notification.--Not less than 15 days before any vote in
an international financial institution regarding the
extension of financial or technical assistance or grants to
any country or entity described in subsection (e), the
Secretary of the Treasury, in consultation with the Secretary
of State, shall provide to the Committee on Appropriations
and the Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on Banking and
Financial Services of the House of Representatives a written
justification for the proposed assistance, including an
explanation of the United States position regarding any such
vote, as well as a description of the location of the
proposed assistance by municipality, its purpose, and its
intended beneficiaries.
[[Page H10772]]
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guaranty
Agency, and the European Bank for Reconstruction and
Development.
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical infrastructure
projects involving activities in both a sanctioned country,
entity, or municipality and a nonsanctioned contiguous
country, entity, or municipality, if the project is primarily
located in and primarily benefits the nonsanctioned country,
entity, or municipality and if the portion of the project
located in the sanctioned country, entity, or municipality is
necessary only to complete the project;
(D) small-scale assistance projects or activities requested
by United States Armed Forces that promote good relations
between such forces and the officials and citizens of the
areas in the United States SFOR sector of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial institutions to
a country or entity to support common monetary and fiscal
policies at the national level as contemplated by the Dayton
Agreement;
(G) direct lending to a non-sanctioned entity, or lending
passed on by the national government to a non-sanctioned
entity; or
(H) assistance to the International Police Task Force for
the training of a civilian police force.
(I) assistance to refugees and internally displaced persons
returning to their homes in Bosnia from which they had been
forced to leave on the basis of their ethnicity.
(2) Notification.--Every 60 days the Secretary of State,
in consultation with the Administrator of the Agency for
International Development, shall publish in the Federal
Register and/or in a comparable publicly accessible document
or Internet site, a listing and justification of any
assistance that is obligated within that period of time for
any country, entity, or municipality described in subsection
(e), including a description of the purpose of the
assistance, project and its location, by municipality.
(d) Further Limitations.--Notwithstanding subsection (c)--
(1) no assistance may be made available by this Act, or any
prior Act making appropriations for foreign operations,
export financing and related programs, in any country,
entity, or municipality described in subsection (e), for a
program, project, or activity in which a publicly indicted
war criminal is known to have any financial or material
interest; and
(2) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by
this Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in any sanctioned country,
entity, or municipality described in subsection (e) in which
a person publicly indicted by the Tribunal is in residence or
is engaged in extended activity and competent local
authorities have failed to notify the Tribunal or failed to
take necessary and significant steps to apprehend and
transfer such persons to the Tribunal or in which competent
local authorities have obstructed the work of the Tribunal.
(e) Sanctioned Country, Entity, or Municipality.--A
sanctioned country, entity, or municipality described in this
section is one whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to apprehend and transfer to the Tribunal
all persons who have been publicly indicted by the Tribunal.
(f) Special Rule.--Subject to subsection (d), subsections
(a) and (b) shall not apply to the provision of assistance to
an entity that is not a sanctioned entity, notwithstanding
that such entity may be within a sanctioned country, if the
Secretary of State determines and so reports to the
appropriate congressional committees that providing
assistance to that entity would promote peace and
internationally recognized human rights by encouraging that
entity to cooperate fully with the Tribunal.
(g) Current Record of War Criminals and Sanctioned
Countries, Entities, and Municipalities.--
(1) In general.--The Secretary of State shall establish and
maintain a current record of the location, including the
municipality, if known, of publicly indicted war criminals
and a current record of sanctioned countries, entities, and
municipalities.
(2) Information of the dci and the secretary of defense.--
The Director of Central Intelligence and the Secretary of
Defense should collect and provide to the Secretary of State
information concerning the location, including the
municipality, of publicly indicted war criminals.
(3) Information of the tribunal.--The Secretary of State
shall request that the Tribunal and other international
organizations and governments provide the Secretary of State
information concerning the location, including the
municipality, of publicly indicted war criminals and
concerning country, entity and municipality authorities known
to have obstructed the work of the Tribunal.
(4) Report.--Beginning 30 days after the date of the
enactment of this Act, and not later than September 1 each
year thereafter, the Secretary of State shall submit a report
in classified and unclassified form to the appropriate
congressional committees on the location, including the
municipality, if known, of publicly indicted war criminals,
on country, entity and municipality authorities known to have
obstructed the work of the Tribunal, and on sanctioned
countries, entities, and municipalities.
(5) Information to congress.--Upon the request of the
chairman or ranking minority member of any of the appropriate
congressional committees, the Secretary of State shall make
available to that committee the information recorded under
paragraph (1) in a report submitted to the committee in
classified and unclassified form.
(h) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect
to specified bilateral programs or international financial
institution projects or programs in a sanctioned country,
entity, or municipality upon providing a written
determination to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on
International Relations of the House of Representatives that
such assistance directly supports the implementation of the
Dayton Agreement and its Annexes, which include the
obligation to apprehend and transfer indicted war criminals
to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (1) the Secretary of
State shall submit a report to the Committees on
Appropriations and Foreign Relations and the Select Committee
on Intelligence of the Senate and the Committees on
Appropriations and International Relations and the Permanent
Select Committee on Intelligence of the House of
Representatives regarding the status of efforts to secure the
voluntary surrender or apprehension and transfer of persons
indicted by the Tribunal, in accordance with the Dayton
Agreement, and outlining obstacles to achieving this goal.
(3) Assistance programs and projects affected.--Any waiver
made pursuant to this subsection shall be effective only with
respect to a specified bilateral program or multilateral
assistance project or program identified in the determination
of the Secretary of State to Congress.
(i) Termination of Sanctions.--The sanctions imposed
pursuant to subsections (a) and (b) with respect to a country
or entity shall cease to apply only if the Secretary of State
determines and certifies to Congress that the authorities of
that country, entity, or municipality have apprehended and
transferred to the Tribunal all persons who have been
publicly indicted by the Tribunal.
(j) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-
Herzegovina, Croatia, and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosova, Montenegro, and the
Republika Srpska.
(3) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(4) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia.
(k) Role of Human Rights Organizations and Government
Agencies.--In carrying out this section, the Secretary of
State, the Administrator of the Agency for International
Development, and the executive directors of the international
financial institutions shall consult with representatives of
human rights organizations and all government agencies with
relevant information to help prevent publicly indicted war
criminals from benefiting from any financial or technical
assistance or grants provided to any country or entity
described in subsection (e).
Discrimination against minority religious faiths in the Russian
Federation
Sec. 565. None of the funds appropriated under this Act may
be made available for the Government of the Russian
Federation, after 180 days from the date of the enactment of
this Act, unless the President determines and certifies in
writing to the Committees on Appropriations and the Committee
on Foreign Relations of the Senate that the Government of the
Russian Federation has implemented no statute, executive
order, regulation or similar government action that would
discriminate, or would have as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of
accepted international agreements on human rights and
religious freedoms to which the Russian Federation is a
party.
Greenhouse Gas Emissions
Sec. 566. (a) Funds made available in this Act to support
programs or activities the primary purpose of which is
promoting or assisting country participation in the Kyoto
Protocol to the Framework Convention on Climate Change (FCCC)
shall only be made available subject to the regular
notification procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all
Federal agency obligations and expenditures for climate
change programs and activities, domestic and international
obligations for such activities in fiscal year 2001, and any
plan for programs thereafter related to the implementation or
the furtherance of protocols pursuant to, or related to
negotiations to amend the FCCC in conjunction with the
President's submission of the Budget of the United States
Government for Fiscal Year 2002: Provided, That such report
shall include an accounting of expenditures by agency with
each agency identifying climate change activities and
associated costs by line item as presented in the President's
Budget Appendix: Provided further, That such report shall
identify with regard to the Agency
[[Page H10773]]
for International Development, obligations and expenditures
by country or central program and activity.
AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO
Sec. 567. None of the funds appropriated or otherwise made
available by this Act may be provided to the Central
Government of the Democratic Republic of Congo.
assistance for the middle east
Sec. 568. Of the funds appropriated in titles II and III of
this Act under the headings ``Economic Support Fund'',
``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peacekeeping
Operations'', for refugees resettling in Israel under the
heading ``Migration and Refugee Assistance'', and for
assistance for Israel to carry out provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 under the
heading ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', not more than a total of $5,241,150,000
may be made available for Israel, Egypt, Jordan, Lebanon, the
West Bank and Gaza, the Israel-Lebanon Monitoring Group, the
Multinational Force and Observers, the Middle East Regional
Democracy Fund, Middle East Regional Cooperation, and Middle
East Multilateral Working Groups: Provided, That any funds
that were appropriated under such headings in prior fiscal
years and that were at the time of the enactment of this Act
obligated or allocated for other recipients may not during
fiscal year 2001 be made available for activities that, if
funded under this Act, would be required to count against
this ceiling: Provided further, That funds may be made
available notwithstanding the requirements of this section if
the President determines and certifies to the Committees on
Appropriations that it is important to the national security
interest of the United States to do so and any such
additional funds shall only be provided through the regular
notification procedures of the Committees on Appropriations.
enterprise fund restrictions
Sec. 569. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
cambodia
Sec. 570. (a) The Secretary of the Treasury should instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Central Government of
Cambodia, except loans to support basic human needs.
(b) None of the funds appropriated by this Act may be made
available for assistance for the Central Government of
Cambodia.
FOREIGN MILITARY TRAINING REPORT
Sec. 571. (a) The Secretary of Defense and the Secretary of
State shall jointly provide to the Congress by March 1, 2001,
a report on all military training provided to foreign
military personnel (excluding sales, and excluding training
provided to the military personnel of countries belonging to
the North Atlantic Treaty Organization) under programs
administered by the Department of Defense and the Department
of State during fiscal years 2000 and 2001, including those
proposed for fiscal year 2001. This report shall include, for
each such military training activity, the foreign policy
justification and purpose for the training activity, the cost
of the training activity, the number of foreign students
trained and their units of operation, and the location of the
training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits
to United States forces derived from each such training
activity and the United States military units involved in
each such training activity. This report may include a
classified annex if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of
Representatives.
korean peninsula energy development organization
Sec. 572. (a) Of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', not to exceed $55,000,000 may be made available
for the Korean Peninsula Energy Development Organization
(hereafter referred to in this section as ``KEDO''),
notwithstanding any other provision of law, only for the
administrative expenses and heavy fuel oil costs associated
with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 30
days prior to such obligation of funds, the President
certifies and so reports to Congress that--
(1) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to implement the Joint
Declaration on Denuclearization of the Korean Peninsula in
which the Government of North Korea has committed not to
test, manufacture, produce, receive, possess, store, deploy,
or use nuclear weapons, and not to possess nuclear
reprocessing or uranium enrichment facilities;
(2) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to pursue the North-South
dialogue;
(3) North Korea is complying with all provisions of the
Agreed Framework;
(4) North Korea has not significantly diverted assistance
provided by the United States for purposes for which it was
not intended;
(5) there is no credible evidence that North Korea is
seeking to develop or acquire the capability to enrich
uranium, or any additional capability to reprocess spent
nuclear fuel;
(6) North Korea is complying with its commitments regarding
access to suspect underground construction at Kumchang-ni;
(7) there is no credible evidence that North Korea is
engaged in a nuclear weapons program, including efforts to
acquire, develop, test, produce, or deploy such weapons; and
(8) the United States is continuing to make significant
progress on eliminating the North Korean ballistic missile
threat, including further missile tests and its ballistic
missile exports.
(c) The President may waive the certification requirements
of subsection (b) if the President determines that it is
vital to the national security interests of the United States
and provides written policy justifications to the appropriate
congressional committees. No funds may be obligated for KEDO
until 30 days after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a
full and detailed accounting of the fiscal year 2002 request
for the United States contribution to KEDO, the expected
operating budget of KEDO, proposed annual costs associated
with heavy fuel oil purchases, including unpaid debt, and the
amount of funds pledged by other donor nations and
organizations to support KEDO activities on a per country
basis, and other related activities.
African Development Foundation
Sec. 573. Funds made available to grantees of the African
Development Foundation may be invested pending expenditure
for project purposes when authorized by the President of the
Foundation: Provided, That interest earned shall be used only
for the purposes for which the grant was made: Provided
further, That this authority applies to interest earned both
prior to and following enactment of this provision: Provided
further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations in
advance of exercising such waiver authority.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 574. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
IRAQ
Sec. 575. Notwithstanding any other provision of law, of
the funds appropriated under the heading ``Economic Support
Fund'', not less than $25,000,000 shall be made available for
programs benefiting the Iraqi people, of which not less than
$12,000,000 should be made available for food, medicine, and
other humanitarian assistance (including related
administrative, communications, logistical, and
transportation costs) to be provided to the Iraqi people
inside Iraq: Provided, That such assistance should be
provided through the Iraqi National Congress Support
Foundation or the Iraqi National Congress: Provided further,
That not less than $6,000,000 of the amounts made available
for programs benefiting the Iraqi people should be made
available to the Iraqi National Congress Support Foundation
or the Iraqi National Congress for the production and
broadcasting inside Iraq of radio and satellite television
programming: Provided further, That funds may be made
available to support efforts to bring about political
transition in Iraq which may be made available only to Iraqi
opposition groups designated under the Iraq Liberation Act
(Public Law 105-338) for political, economic, humanitarian,
and other activities of such groups, and not to exceed
$2,000,000 may be made available for groups and activities
seeking the prosecution of Saddam Hussein and other Iraqi
government officials for war crimes: Provided further, That
none of these funds may be made available for administrative
expenses of the Department of State: Provided further, That
the President shall, not later than 60 days after the date of
enactment of this Act, submit to the Committees on
Appropriations of the Senate and the House of Representatives
a plan (in classified or unclassified form) for the transfer
to the Iraqi National Congress Support Foundation or the
Iraqi National Congress of humanitarian assistance for the
Iraqi people pursuant to this paragraph, and for the
commencement of broadcasting operations pursuant to this
paragraph.
agency for international development budget justification
Sec. 576. The Agency for International Development shall
submit to the Committees on Appropriations a detailed budget
justification that is consistent with the requirements of
section 515, for each fiscal year. The Agency shall submit to
the Committees on Appropriations a proposed budget
justification format no later than November 15, 2000, or 30
days after the enactment of this Act, whichever occurs later.
The proposed format shall include how the Agency's budget
justification will address: (1) estimated levels of
obligations for the current fiscal year and actual levels for
the 2 previous fiscal years; (2) the President's request for
new budget authority and estimated carryover obligational
authority for the budget year; (3) the disaggregation of
budget data and staff levels by program and activity for each
bureau, field mission, and central office; and (4) the need
for a user-friendly, transparent budget narrative.
kyoto protocol
Sec. 577. None of the funds appropriated by this Act shall
be used to propose or issue rules,
[[Page H10774]]
regulations, decrees, or orders for the purpose of
implementation, or in preparation for implementation, of the
Kyoto Protocol, which was adopted on December 11, 1997, in
Kyoto, Japan, at the Third Conference of the Parties to
the United States Framework Convention on Climate Change,
which has not been submitted to the Senate for advice and
consent to ratification pursuant to article II, section 2,
clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the
Protocol.
west bank and gaza program
Sec. 578. For fiscal year 2001, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
INDONESIA
Sec. 579. (a) Funds appropriated by this Act under the
headings ``International Military Education and Training''
and ``Foreign Military Financing Program'' may be made
available for Indonesia if the President determines and
submits a report to the appropriate congressional committees
that the Government of Indonesia and the Indonesian Armed
Forces are--
(1) taking effective measures to bring to justice members
of the armed forces and militia groups against whom there is
credible evidence of human rights violations;
(2) taking effective measures to bring to justice members
of the armed forces against whom there is credible evidence
of aiding or abetting militia groups;
(3) allowing displaced persons and refugees to return home
to East Timor, including providing safe passage for refugees
returning from West Timor;
(4) not impeding the activities of the United Nations
Transitional Authority in East Timor;
(5) demonstrating a commitment to preventing incursions
into East Timor by members of militia groups in West Timor;
and
(6) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members
of the Indonesian Armed Forces and militia groups responsible
for human rights violations in Indonesia and East Timor.
man and the biosphere
Sec. 580. None of the funds appropriated or otherwise made
available by this Act may be provided for the United Nations
Man and the Biosphere Program or the United Nations World
Heritage Fund.
taiwan reporting requirement
Sec. 581. Not less than 30 days prior to the next round of
arms talks between the United States and Taiwan, the
President shall consult, on a classified basis, with
appropriate Congressional leaders and committee chairmen and
ranking members regarding the following matters:
(1) Taiwan's requests for purchase of defense articles and
defense services during the pending round of arms talks;
(2) the Administration's assessment of the legitimate
defense needs of Taiwan, in light of Taiwan's requests; and
(3) the decision-making process used by the Executive
branch to consider those requests.
Restriction on United States Assistance for Certain Reconstruction
Efforts in Central Europe
Sec. 582. Funds appropriated or otherwise made available by
this Act for United States assistance for Eastern Europe and
the Baltic States should to the maximum extent practicable be
used for the procurement of articles and services of United
States origin.
restrictions on assistance to governments destabilizing sierra leone
Sec. 583. (a) None of the funds appropriated by this Act
may be made available for assistance for the government of
any country that the Secretary of State determines there is
credible evidence that such government has provided lethal or
non-lethal military support or equipment, directly or through
intermediaries, within the previous 6 months to the Sierra
Leone Revolutionary United Front (RUF), or any other group
intent on destabilizing the democratically elected government
of the Republic of Sierra Leone.
(b) None of the funds appropriated by this Act may be made
available for assistance for the government of any country
that the Secretary of State determines there is credible
evidence that such government has aided or abetted, within
the previous 6 months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) Whenever the prohibition on assistance required under
subsection (a) or (b) is exercised, the Secretary of State
shall notify the Committees on Appropriations in a timely
manner.
voluntary separation incentives
Sec. 584. Section 579(c)(2)(D) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2000, as enacted by section 1000(a)(2) of the Consolidated
Appropriations Act, 2000 (Public Law 106-113), is amended by
striking ``December 31, 2000'' and inserting in lieu thereof
``December 31, 2001''.
contributions to united nations population fund
Sec. 585. (1) Limitations on Amount of Contribution.--Of
the amounts made available under ``International
Organizations and Programs'', not more than $25,000,000 for
fiscal year 2001 shall be available for the United Nations
Population Fund (hereafter in this subsection referred to
as the ``UNFPA'').
(2) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(3) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2001 for the UNFPA may not be made available
to UNFPA unless--
(A) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts
of the UNFPA;
(B) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
(C) the UNFPA does not fund abortions.
(4) Report to the Congress and Withholding of Funds.--
(A) Not later than February 15, 2001, the Secretary of
State shall submit a report to the appropriate congressional
committees indicating the amount of funds that the United
Nations Population Fund is budgeting for the year in which
the report is submitted for a country program in the People's
Republic of China.
(B) If a report under subparagraph (A) indicates that the
United Nations Population Fund plans to spend funds for a
country program in the People's Republic of China in the year
covered by the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China shall
be deducted from the funds made available to the UNFPA after
March 1 for obligation for the remainder of the fiscal year
in which the report is submitted.
INDOCHINESE PAROLEES
Sec. 586. (a) The status of certain aliens from Vietnam,
Cambodia, and Laos described in subsection (b) of this
section may be adjusted by the Attorney General, under such
regulations as she may prescribe, to that of an alien
lawfully admitted permanent residence if--
(1) within three years after the date of promulgation by
the Attorney General of regulations in connection with this
title the alien makes an application for such adjustment and
pays the appropriate fee;
(2) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for
permanent residence except as described in subsection (c);
and
(3) the alien had been physically present in the United
States prior to October 1, 1997.
(b) The benefits provided by subsection (a) shall apply to
any alien who is a native or citizen of Vietnam, Laos, or
Cambodia and who was inspected and paroled into the United
States before October 1, 1997 and was physically present in
the United States on October 1, 1997; and
(1) was paroled into the United States from Vietnam under
the auspices of the Orderly Departure Program; or
(2) was paroled into the United States from a refugee camp
in East Asia; or
(3) was paroled into the United States from a displaced
person camp administered by the United Nations High
Commissioner for Refugees in Thailand.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraph (4), (5), and 7(A) and (9) of section
212(a) of the Immigration and Nationality Act shall not be
applicable to any alien seeking admission to the United
States under this subsection, and, notwithstanding any other
provision of law, the Attorney General may waive 212(a)(1);
212(a)(6) (B), (C), and (F); 212(8)(A); 212(a)(10) (B) and
(D) with respect to such an alien in order to prevent extreme
hardship to the alien or the alien's spouse, parent, son or
daughter, who is a citizen of the United States or an alien
lawfully admitted for permanent residence. Any such waiver by
the Attorney General shall be in writing and shall be granted
only on an individual basis following an investigation.
(d) Ceiling.--The number of aliens who may be provided
adjustment of status under this provision shall not exceed
5,000.
(e) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as a lawful
permanent resident as of the date of the alien's inspection
and parole described in subsection (b)(1), (b)(2) and (b)(3).
(f) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section the Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under the Immigration and Nationality
Act.
american churchwomen in el salvador
Sec. 587. (a) Information relevant to the December 2, 1980,
murders of four American churchwomen in El Salvador shall be
made public to the fullest extent possible.
(b) The Secretary of State and the Department of State are
to be commended for fully releasing information regarding the
murders.
(c) The President shall order all Federal agencies and
departments that possess relevant information to make every
effort to declassify and release to the victims' families
relevant information as expeditiously as possible.
(d) In making determinations concerning the
declassification and release of relevant information, the
Federal agencies and departments shall presume in favor of
releasing, rather than of withholding, such information.
procurement and financial management reform
Sec. 588. (a) Funding Conditions.--Of the funds made
available under the heading ``International Financial
Institutions'' in this Act, 10 percent of the United States
portion or payment to such International Financial
Institution
[[Page H10775]]
shall be withheld by the Secretary of the Treasury, until the
Secretary certifies to the Committees on Appropriations that,
to the extent pertinent to its lending programs, the
institution is--
(1) Implementing procedures for conducting annual audits by
qualified independent auditors for all new investment
lending;
(2) Implementing procedures for annual independent external
audits of central bank financial statements for countries
making use of International Monetary Fund resources under new
arrangements or agreements with the Fund;
(3) Taking steps to establish an independent fraud and
corruption investigative organization or office;
(4) Implementing a process to assess a recipient country's
procurement and financial management capabilities including
an analysis of the risks of corruption prior to initiating
new investment lending; and
(5) Taking steps to fund and implement programs and
policies to improve transparency and anti-corruption programs
and procurement and financial management controls in
recipient countries.
(b) Report.--The Secretary of the Treasury shall report on
March 1, 2001 to the Committees on Appropriations on progress
made by each International Financial Institution, and, to the
extent pertinent to its lending programs, the International
Monetary Fund, to fulfill the objectives identified in
subsection (a) and on progress of the International Monetary
Fund to implement procedures for annual independent external
audits of central bank financial statements for countries
making use of Fund resources under all new arrangements with
the Fund.
(c) Definitions.--The term ``International Financial
Institutions'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Inter-American Development Bank, the Inter-American
Investment Corporation, the Enterprise for the Americas
Multilateral Investment Fund, the Asian Development Bank, the
Asian Development Fund, the African Development Bank, the
African Development Fund, the European Bank for
Reconstruction and Development, and the International
Monetary Fund.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 589. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
FOREIGN MILITARY EXPENDITURES REPORT
Sec. 590. Section 511(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993
(Public Law 102-391) is amended by repealing paragraph (2)
relating to military expenditures.
abolition of the Inter-American Foundation
Sec. 591. Section 586 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, as
enacted by section 1000(a)(2) of Public Law 106-113, is
amended--
(1) in subsection (b), by striking ``year 2000'' and
inserting in lieu thereof ``years 2000 and 2001''; and
(2) in subsection (c)(2), by striking ``6290f'' and
inserting in lieu thereof ``290f''.
Repeal of Requirement for Annual GAO Report on the Financial Operations
of the International Monetary Fund
Sec. 592. Section 1706 of the International Financial
Institutions Act (22 U.S.C. 262r-5) is repealed.
extension of gao authorities
Sec. 593. The funds made available to the Comptroller
General pursuant to Title I, Chapter 4 of Public Law 106-31
shall remain available until expended.
FUNDING FOR SERBIA
Sec. 594. (a) Of the funds made available in this Act, up
to $100,000,000 may be made available for assistance for
Serbia: Provided, That none of these funds may be made
available for assistance for Serbia after March 31, 2001
unless the President has made the determination and
certification contained in subsection (c).
(b) After March 31, 2001, the Secretary of the Treasury
should instruct the United States executive directors to
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and
assistance to the Federal Republic of Yugoslavia through
international financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations of the
House of Representatives and the Senate that the Government
of the Federal Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal
for Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security and
other support which has served to maintain separate Republika
Srpska institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) Subsections (b) and (c) shall not apply to Montenegro,
Kosova, humanitarian assistance or assistance to promote
democracy in municipalities.
(e) The Secretary of State should instruct the United
States representatives to regional and international
organizations to support membership for the Government of the
Federal Republic of Yugoslavia (FRY) subject to a
certification by the President to the Committees on
Appropriations of the House of Representatives and the Senate
that the FRY has applied for membership on the same basis as
the other successor states to the FRY and has taken
appropriate steps to resolve issues related to state
liabilities, assets and property.
FORESTRY INITIATIVE
Sec. 595. (a) The provisions of S. 3140 of the 106th
Congress, as introduced on September 28, 2000 are hereby
enacted into law.
(b) In publishing the Act in slip form and in the United
States Statutes at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end appendixes
setting forth the texts of the bill referred to in subsection
(a) of this section.
USER FEES
Sec. 596. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan of these
institutions that would require user fees or service charges
on poor people for primary education or primary healthcare,
including prevention and treatment efforts for HIV/AIDS,
malaria, tuberculosis, and infant, child, and maternal well-
being, in connection with the institutions' lending programs.
BASIC EDUCATION ASSISTANCE FOR PAKISTAN
Sec. 597. Funds appropriated by this Act to carry out the
provisions of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961 may be made available for
assistance for basic education programs for Pakistan,
notwithstanding any provision of law that restricts
assistance to foreign countries: Provided, That such
assistance is subject to the regular notification procedures
of the Committees on Appropriations.
AUTHORIZATION FOR POPULATION PLANNING
Sec. 598. Not to exceed $425,000,000 of the funds
appropriated in title II of this Act may be available for
population planning activities or other population
assistance: Provided, That notwithstanding section 614 of the
Foreign Assistance Act of 1961, or any other provision of
law, none of such funds may be obligated or expended until
February 15, 2001.
TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
agency for international development
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $135,000,000, for rehabilitation and
reconstruction assistance for Mozambique, Madagascar, and
southern Africa, to remain available until expended:
Provided, That none of the funds appropriated under this
heading may be made available for nonproject assistance:
Provided further, That prior to any obligation of funds
appropriated under this heading, the Administrator of the
Agency for International Development shall provide the
Committees on Appropriations with a detailed report
containing the amount of the proposed obligation and a
description of the programs and projects, on a country-by-
country basis, to be funded with such amount: Provided
further, That up to $12,000,000 of the funds appropriated
under this heading may be charged to finance obligations for
which appropriations available under chapter 1 and 10 of part
I of the Foreign Assistance Act of 1961 were initially
charged for assistance for rehabilitation and reconstruction
for Mozambique, Madagascar, and southern Africa: Provided
further, That of the funds appropriated under this heading,
up to $5,000,000 may be used for administrative expenses,
including auditing costs, of the Agency for International
Development associated with the assistance furnished under
this heading: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided shall be available
only to the extent an official budget request that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operating Expenses of the Agency for International Development
For an additional amount for ``Operating Expenses of the
Agency for International Development'', $13,000,000, to
remain available until September 30, 2001: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the amount provided shall
be available only to the extent that an official budget
request that includes designation of the entire amount as
an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control
[[Page H10776]]
Act of 1985, as amended, is transmitted by the President
to the Congress.
Other Bilateral Economic Assistance
Assistance for Eastern Europe and the Baltic States
For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $75,825,000, to remain
available until September 30, 2002: Provided, That this
amount shall only be available for assistance for Montenegro,
Croatia, and Serbia: Provided further, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the amount provided shall be available only to
the extent that an official budget request that includes
designation of the entire amount as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
MILITARY ASSISTANCE
Funds Appropriated to the President
International Military Education and Training
For an additional amount for ``International Military
Education and Training'', $2,875,000, to remain available
until September 30, 2002, for grants to countries of the
Balkans and southeast Europe: Provided, That funds
appropriaed in this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
amount provided shall be available only to the extent that an
official budget request that includes designation of the
entire amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', to enable the President to carry out section 23 of
the Arms Export Control Act, $31,000,000, to remain available
until September 30, 2002, for grants to countries of the
Balkans and southeast Europe: Provided, That funds
appropriated in this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956:
Provided further, That funds made available under this
heading shall be nonrepayable, notwithstanding sections 23(b)
and 23(c) of the Act: Provided further, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the amount provided shall be available
only to the extent that an official budget request that
includes designation of the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
DEPARTMENT OF THE TREASURY
DEBT RESTRUCTURING
For an additional amount for ``Debt restructuring''
$210,000,000 for a contribution to the ``Heavily Indebted
Poor Countries Trust Fund'' of the International Bank for
Reconstruction and Development (HIPC Trust Fund): Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount provided
shall be available only to the extent an official budget
request that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. Limitation on Supplemental Funds for Population
Planning.--Amounts appropriated under this title or under any
other provision of law for fiscal year 2001 that are in
addition to the funds made available under title II of this
Act shall be deemed to have been appropriated under title II
of such Act and shall be subject to all limitations and
restrictions contained in section 599 of this Act,
notwithstanding section 543 of this Act.
TITLE VII--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001
into the account established under section 3113(d) of title
31, United States Code, to reduce the public debt,
$5,000,000,000.
General Provision
adjustment of 2001 discretionary spending caps
Sec. 701. (a) Section 251(c)(5) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)(5)) is
amended by striking subparagraph (A) and inserting the
following:
``(A) for discretionary category: $637,000,000,000 in new
budget authority and $612,695,000,000 in outlays;''.
(b) (1) Except as provided in paragraph (2), in preparing
the report in calendar year 2000 as required by section
254(f) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 904(f)) with respect to fiscal year
2001, the Office of Management and Budget shall not make the
calculations required by section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(2) Paragraph (1) shall not apply to the calculations
permitted by subparagraph (B), (C), (F), and (G) of section
251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Under the terms of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, adjustments
for rounding shall be provided for the first amount referred
to in section 251(c)(5)(A) of such Act, as amended by this
section, equal to 0.5 percent of such amount.
TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
INSTITUTIONS REFORM
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR
COUNTRIES (HIPC) INITIATIVE.
(a) Repeal of Limitation on Availability of Earnings on
Profits of Nonpublic Gold Sales.--Paragraph (1) of section 62
of the Bretton Woods Agreements Act, as added by section
503(a) of H.R. 3425 of the 106th Congress (as enacted by
section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536)),
is amended--
(1) by adding ``and'' at the end of subparagraph (B); and
(2) by striking subparagraph (D).
(b) Contributions to HIPC Trust Fund.--
(1) Authorization of appropriations for contributions.--
There is authorized to be appropriated for the period
beginning October 1, 2000, and ending September 30, 2003,
$435,000,000 for purposes of United States contributions to
the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the Bank.
(2) Availability of amounts.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) shall
remain available until expended.
(c) Certification Required.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after the date of enactment of this Act,
the Secretary shall certify to the appropriate congressional
committees that the following requirements are satisfied:
(A) Implementation by the bank of certain policies.--The
Bank is implementing--
(i) policies providing for the suspension of a loan if
funds are being diverted for purposes other than the purpose
for which the loan was intended;
(ii) policies seeking to prevent loans from displacing
private sector financing;
(iii) policies requiring that loans other than project
loans must be disbursed--
(I) on the basis of specific prior reforms; or
(II) incrementally upon implementation of specific reforms
after initial disbursement;
(iv) policies seeking to minimize the number of projects
receiving financing that would displace a population
involuntarily or be to the detriment of the people or culture
of the area into which the displaced population is to be
moved;
(v) policies vigorously promoting open markets and
liberalization of trade in goods and services;
(vi) policies providing that financing by the Bank
concentrates chiefly on projects and programs that promote
economic and social progress rather than short-term liquidity
financing; and
(vii) policies providing for the establishment of
appropriate qualitative and quantitative indicators to
measure progress toward graduation from receiving financing
on concessionary terms, including an estimated timetable by
which countries may graduate over the next 15 years.
(B) Implementation by the fund of certain policies.--The
Fund is implementing--
(i) policies providing for the suspension of a financing if
funds are being diverted for purposes other than the purpose
for which the financing was intended;
(ii) policies seeking to ensure that financing by the Fund
normally serves as a catalyst for private sector financing
and does not displace such financing;
(iii) policies requiring that financing must be disbursed--
(I) on the basis of specific prior reforms; or
(II) incrementally upon implementation of specific reforms
after initial disbursement;
(iv) policies vigorously promoting open markets and
liberalization of trade in goods and services;
(v) policies providing that financing by the Fund
concentrates chiefly on short-term balance of payments
financing; and
(vi) policies providing for the use, in conjunction with
the Bank, of appropriate qualitative and quantitative
indicators to measure progress toward graduation from
receiving financing on concessionary terms, including an
estimated timetable by which countries may graduate over the
next 15 years.
(2) Exception.--In the event that the Secretary cannot
certify that a policy described in paragraph (1)(A) or (1)(B)
is being implemented, the Secretary shall, not later than 30
days after the date of enactment of this Act, submit a report
to the appropriate congressional committees on the progress,
if any, made by the Bank or the Fund in adopting and
implementing such policy, as the case may be.
SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF
FUNDS BY MULTILATERAL DEVELOPMENT BANKS.
(a) In General.--The Secretary shall instruct the United
States Executive Director of each multilateral development
bank to exert the influence of the United States to
strengthen the bank's procedures and management controls
intended to ensure that funds disbursed by the bank to
borrowing countries are used as intended and in a manner that
complies with the conditions of the bank's loan to that
country.
[[Page H10777]]
(b) Progress Evaluation.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report evaluating
the progress made toward achieving the objectives of
subsection (a), including a description of--
(1) any progress made in improving the supervision,
monitoring, and auditing of programs and projects supported
by each multilateral development bank, in order to identify
and reduce bribery and corruption;
(2) any progress made in developing each multilateral
development bank's priorities for allocating anticorruption
assistance;
(3) country-specific anticorruption programs supported by
each multilateral development bank;
(4) actions taken to identify and discipline multilateral
development bank employees suspected of knowingly being
involved in corrupt activities; and
(5) the outcome of efforts to harmonize procurement
practices across all multilateral development banks.
SEC. 803. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Annual Report on Financial Operations.--Beginning 180
days after the date of enactment of this Act, or October 31,
2000, whichever is later, and on October 31 of each year
thereafter, the Comptroller General of the United States
shall submit to the appropriate congressional committees a
report on the sufficiency of audits of the financial
operations of each multilateral development bank conducted by
persons or entities outside such bank.
(b) Annual Report on United States Supported Policies.--
Beginning 180 days after the date of enactment of this Act,
or October 31, 2000, whichever is later, and on October 31 of
each year thereafter, the Secretary shall submit a report to
the appropriate congressional committees on--
(1) the actions taken by recipient countries, as a result
of the assistance allocated to them by the multilateral
development banks under programs referred to in section
802(b), to strengthen governance and reduce the opportunity
for bribery and corruption; and
(2) how International Development Association-financed
projects contribute to the eventual graduation of a
representative sample of countries from reliance on financing
on concessionary terms and international development
assistance.
(c) Amendment of Report on Fund.--Section 1705(a) of the
International Financial Institutions Act (22 U.S.C. 262r-
4(a)) is amended--
(1) by inserting ``(1)'' before ``the progress''; and
(2) by inserting before the period at the end the
following: ``, and (2) the progress made by the International
Monetary Fund in adopting and implementing the policies
described in section 801(c)(1)(B) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2001''.
(d) Report on Debt Relief.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall submit
a report to the appropriate congressional committees on the
history of debt relief programs led by, or coordinated with,
international financial institutions, including but not
limited to--
(1) the extent to which poor countries and the poorest-of-
the-poor benefit from debt relief, including measurable
evidence of any such benefits; and
(2) the extent to which debt relief contributes to the
graduation of a country from reliance on financing on
concessionary terms and international development assistance.
SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL
FINANCIAL INSTITUTIONS.
Section 209(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2169(d); relating to bilateral funding for
international financial institutions) is repealed.
Sec. 805. Refocused Activities of the IMF. The Bretton
Woods Agreement Act is amended by adding the following new
section--
``SEC. 63. PRINCIPLES FOR INTERNATIONAL MONETARY FUND
LENDING.
``It is the policy of the United States to work to
implement reforms in the International Monetary Fund (IMF) to
achieve the following goals:
``(a) Short-Term Balance of Payments Financing.--Lending
from the general resources of the Fund should concentrate
chiefly on short-term balance of payments financing.
``(b) Limitations on Medium-Term Financing.--Use of medium-
term lending from the general resources of the Fund should be
limited to a set of well-defined circumstances, such as--
``(1) when a member's balance of payments problems will be
protracted,
``(2) such member has a strong structural reform program in
place, and
``(3) the member has little or no access to private sources
of capital.
``(c) Premium Pricing.--Premium pricing should be
introduced for lending from the general resources of the
Fund, for greater than 200 per centum of a member's quota in
the Fund, to discourage excessive use of Fund lending and to
encourage members to rely on private financing to the maximum
extent possible.
``(d) Redressing Misreporting of Information.--The Fund
should have in place and apply systematically a strong
framework of safeguards and measures to respond to, correct,
and discourage cases of misreporting of information in the
context of a Fund program, including--
``(1) Suspending Fund disbursements and ensuring that Fund
lending is not resumed to members that engage in serious
misreporting of material information until such time as
remedial actions and sanctions, as appropriate, have been
applied;
``(2) Ensuring that members make early repayments, where
appropriate, of Fund resources disbursed on the basis of
misreported information;
``(3) Making public cases of serious misreporting of
material information;
``(4) Requiring all members receiving new disbursements
from the Fund to undertake annually independent audits of
central bank financial statements and publish the resulting
audits; and
``(5) Requiring all members seeking new loans from the Fund
to provide to the Fund detailed information regarding their
internal control procedures, financial reporting and audit
mechanisms and, in cases where there are questions about the
adequacy of these systems, undertaking an on-site review and
identifying needed remedies.''.
SEC. 806. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate, and the Committee on Banking and Financial
Services and the Committee on Appropriations of the House of
Representatives.
(2) Bank.--The term ``Bank'' means the International Bank
for Reconstruction and Development.
(3) Fund.--The term ``Fund'' means the International
Monetary Fund.
(4) International financial institutions.--The term
``international financial institutions'' means the
multilateral development banks and the International Monetary
Fund.
(5) Multilateral development banks.--The term
``multilateral development banks'' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Asian
Development Bank, the Inter-American Investment Corporation,
the African Development Bank, the African Development Fund,
the European Bank for Reconstruction and Development, and the
Multilateral Investment Guaranty Agency.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001''.
Following is explanatory language on H.R. 5526, as
introduced on October 24, 2000.
The conferees on H.R. 4811 agree with the matter in H.R.
5526 and enacted in this conference report by reference and
the following description of it. This bill was developed
through negotiations by subcommittee member of the Foreign
Operations, Export Financing, and Related Programs
Subcommittees of the House and Senate on the differences in
the House passed and Senate passed versions of H.R. 4811.
References in the following description to the ``conference
agreement'' mean the matter included in the introduced bill
enacted by this conference report. References to the House
bill mean the House passed version of H.R. 4811. References
to the Senate bill or Senate amendment mean the Senate passed
version of H.R. 4811.
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
subsidy appropriation
The conference agreement appropriates $865,000,000 for the
subsidy appropriation of the Export-Import Bank instead of
$768,000,000 as proposed by the Senate and $742,500,000 as
proposed by the House.
administrative expenses
The conference agreement appropriates $62,000,000 for
administrative expenses of the Export-Import Bank instead of
$58,000,000 as proposed by the Senate and $55,000,000 as
proposed by the House. The conferees also have included a
limitation of $30,000 on representation expenses of members
of the Bank's Board of Directors.
The managers are very concerned by the Bank's recent
consideration of a change to its regulations that would
reduce the volume of U.S. exports financed by the Bank that
are subject to cargo preference regulations. The managers
direct that none of the funds provided under this heading in
this or prior year appropriation acts shall be used to plan,
finalize, or implement any notice, regulation, or change in
policy with regard to Public Resolution 17 (46 App. U.S.C.
1241-1)(1998).
Overseas Private Investment Corporation
non-credit account
The conference agreement provides $38,000,000 for
administrative expenses of the Overseas Private Investment
Corporation (OPIC) as proposed by the Senate instead of
$37,000,000 as proposed by the House.
The managers urge OPIC to refrain from entering into
contracts involving the Palestinian Authority until the
Committees have been informed that contract disputes between
the Authority and United States corporate entities have been
resolved.
Trade and Development Agency
The conference agreement appropriates $50,000,000 for the
Trade and Development Agency instead of $46,000,000 as
proposed by the Senate and the House. It does not include
language regarding reimbursements as proposed by the Senate.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Agency for International Development
child survival and disease programs fund
The conference agreement appropriates $963,000,000 for the
Child Survival and Disease Programs Fund instead of
$886,000,000 as
[[Page H10778]]
proposed by the House. The Senate bill contained no provision
on this matter, but included regular and emergency funds for
these activities under ``Development Assistance'' and
``Global Health''. The conference agreement also continues
limitations on the use of the Fund for non-project
assistance.
The managers include a United States contribution to
UNICEF, and AID's program to promote basic education for
children, within the Child Survival and Disease Programs
Fund, as proposed by the House.
The conference agreement includes language allocating
$963,000,000 among six program categories in the Child
Survival and Disease Programs Fund: $295,000,000 for child
survival and maternal health, including vaccine-preventable
diseases such as polio; $30,000,000 for vulnerable children;
$300,000,000 for HIV/AIDS; $125,000,000 for other infectious
diseases; $103,000,000 for children's basic education; and
$110,000,000 for UNICEF. The conferees expect that any change
proposed subsequent to the allocation as directed in bill
language will be subject to the requirements of section 515
of the Act. A full definition of these program categories and
their components can be found on pages 8 through 10 of House
Report 106-270.
Within the child survival and maternal health program,
authority is provided to transfer up to $50,000,000 as
proposed by the Senate to a fund established for child
immunization by the Global Alliance for Vaccines and
Immunization (GAVI). The House bill provided authority to
transfer up to $37,500,000 to GAVI. The managers are
supportive of the GAVI and direct that the Committees be
informed in writing 20 days prior to the obligation of any
funds for GAVI on the proposed use of any U.S. contribution,
particularly with regard to the amount to be donated for
procurement of vaccines for children.
The managers note that a large part of the vulnerable
children program assists AIDS orphans, who also benefit from
the HIV/AIDS program. Although the conference agreement does
not include bill language regarding funding for blind
children, as proposed by the Senate, the managers recommend
not less than $1,200,000 for assistance for blind children.
The managers also support a total of $5,000,000 for the
Kiwanis/UNICEF Iodine Deficiency program, with $2,500,000
from the Child Survival and Disease Programs account and
$2,500,000 from regional accounts for Europe and Eurasia. AID
is also encouraged to provide up to $2,000,000 to support
non-governmental organizations, such as Special Olympics,
that work with older children, including those with cognitive
disabilities and mild mental retardation, to teach life and
job skills. The vulnerable children program and AID's Office
of Private Voluntary Cooperation are encouraged to provide
small matching grants to American-led volunteer programs in
India and other nations that seek to remedy physical
disabilities through reconstructive surgery.
The conference agreement includes $315,000,000 for HIV/
AIDS, of which $300,000,000 is allocated within this account
and not less than $15,000,000 in other accounts and programs.
The conference agreement does not include bill language
concerning microbicides. However, the managers endorse the
Senate report language on microbicides and direct that not
less than $15,000,000 from the HIV/AIDS program and the
``Development Assistance'' account be made available to the
Office of Health and Nutrition for microbicide research and
development. These funds are to be managed by the Director of
the HIV/AIDS Division. In addition, the managers support the
International AIDS Vaccine Initiative (IAVI), which seeks to
accelerate the development and distribution of an effective
AIDS vaccine for use in developing countries. The managers
urge that not less than $10,000,000 be provided as a
contribution to the International AIDS Vaccine Initiative.
In addition, the managers direct AID to make available
$500,000 for a proposal from the University of California at
San Francisco to develop detailed epidemiological HIV/AIDS
profiles for priority countries and an online, searchable
database of key comparative indicators. The managers also
encourage AID to collaborate with the Peace Corps' HIV/AIDS
initiative, especially in supporting training activities.
The expected results of funds to develop and promote the
use of vaccines in developing countries will also assist
international travelers to endemic areas. The managers urge
the Department of State and AID to require staff, grantees,
and contractors to take all feasible steps to reduce the
importation of vaccine-preventible infectious diseases, such
as hepatitis, into the United States.
The managers note that the Global AIDS and Tuberculosis
Relief Act of 2000 (P.L. 106-264) authorized that 65 percent
of the HIV/AIDS funding be provided through non-governmental
organizations (NGOs). The managers concur that NGOs,
including religious institutions and faith based
organizations, provide invaluable services in the fight
against HIV/AIDS. In anticipation of an increasing
involvement of the public sector, particularly in the areas
of treatment and the provision of interventions to reduce
mother-to-child transmission, the managers agree that
assistance provided through NGOs in cooperation with a
foreign government or using government facilities may be
counted against the 65 percent target in AID's strategy to
implement the Act.
Within the HIV/AIDS program, authority is provided to
transfer $20,000,000 to the fund authorized by section 141 of
the Global AIDS and Tuberculosis Relief Act. The managers
expect the Secretary of the Treasury and the Administrator of
the Agency for International Development to report to the
Committees no later than April 30, 2001 on progress toward
establishment of an international AIDS Trust Fund
administered by the World Bank.
The managers urge that expanded resources be made available
to mother-to-child transmission (MTCT) programs. As effective
implementation of MTCT programs will take time, during which
health care workers will be trained, laboratory and testing
facilities established, and community based care services for
HIV positive mothers developed, AID may not be able to meet
the Global AIDS Act's 8.3 percent MTCT funding target in
fiscal year 2001. The managers expect that USAID will achieve
the MTCT target by the end of fiscal year 2002.
The conference agreement includes at least $60,000,000 from
all accounts to address the global health threat from
tuberculosis, including not less than $45,000,000 from the
other infectious diseases program in the Child Survival and
Disease Programs Fund. The managers urge AID to continue to
work in close collaboration with organizations such as the
U.S. Centers for Disease Control, the World Health
Organization, the Gorgas Memorial Institute, and the Global
STOP TB Initiative to implement effective tuberculosis
control programs at the local level. The managers direct AID
to continue and expand TB programs undertaken in cooperation
with federal and state governments in Mexico, especially
along Mexico's borders with Texas, California, Arizona, New
Mexico, and Guatemala.
The other infectious diseases program also includes
$30,000,000 for antimicrobial resistance and infectious
disease surveillance, and $50,000,000 for international
efforts to reduce the incidence of malaria. Drug resistant
parasites and insecticide-resistant mosquitoes exacerbate
malaria transmission and place millions throughout the world
at risk of a crippling and often fatal disease. For this
reason, the managers encourage USAID to designate $2,000,000
to support the establishment of coordinated centers of
excellence for malaria research, to focus on tropical and
sub-tropical regions. The managers support and urge AID to
favorably consider proposals for a concerted approach to
limiting the resurgence of malaria that are submitted jointly
by the University of Notre Dame's Vector Biology Laboratory,
Tulane University's Department of Tropical Medicine in New
Orleans, and Latin American and African counterpart
institutions.
The managers are aware that the HIV/AIDS and tuberculosis
crises require extraordinary efforts on the part of the U.S.
Government. USAID is encouraged to use, as appropriate, its
existing waiver authorities regarding financing and
procurement of goods and services, and grant making, in order
to expedite the provision of HIV/AIDS and tuberculosis
assistance and enhance the efficiency of that assistance.
The managers support and urge AID to favorably consider
proposals by Carelift International. The managers anticipate
that the ongoing, multiyear collaboration between AID and
Carelift International will be expanded and require
$7,000,000, including future year appropriations. The
conference agreement does not include Senate language
directing AID to make available to Carelift International up
to $7,000,000 from fiscal year 2001 funds only.
The managers also direct AID to continue to provide the
Committees with a detailed annual report not later than
February 15, 2001, on the programs, projects, and activities
undertaken by the Child Survival and Disease Programs Fund
during fiscal year 2000.
Funds appropriated for the Child Survival and Disease
Programs Fund are intended to be used for programs, projects
and activities. Funds for administrative expenses to manage
Fund activities are provided in a separate account, with two
exceptions included in the conference agreement: authority
for AID's central and regional bureaus to use up to $125,000
from program funds for Operating Expense-funded personnel to
better monitor and provide oversight of the Fund; and, in
section 522, authority to use up to $16,000,000 to reimburse
other government agencies and private institutions for
professional services. Any proposed transfer of
appropriations from the Fund for administrative expenses of
AID under any other authority shall be subject to section 515
of this Act.
Development Assistance
The conference agreement appropriates $1,305,000,000 for
``Development Assistance'' instead of $1,258,000,000 as
proposed by the House and $1,368,250,000 as proposed by the
Senate. The Senate included funding for programs carried out
by the ``Child Survival and Disease Programs Fund'' under its
``Development Assistance'' account.
Of the funds under this heading, the conference agreement
appropriates up to $12,000,000 for the Inter-American
Foundation and up to $16,000,000 to the African Development
Foundation. The House bill proposed up to $10,000,000 for the
Inter-American Foundation and up to $16,000,000 for the
African Development Foundation. The Senate amendment did not
propose funding for the Inter-American Foundation and
provided up to $14,400,000 for the African Development
Foundation. Section 591 of the conference agreement provides
the President with the
[[Page H10779]]
authority to abolish the Inter-American Foundation during
fiscal year 2001.
The Senate amendment proposed that not less than
$425,000,000 be made available to carry out section 104(b) of
the Foreign Assistance Act, regarding international
population planning assistance. The House addressed this
matter in section 586 of its bill and placed a ceiling of
$385,000,000 on bilateral family planning assistance. The
conference agreement addresses funding and restrictions for
international family planning in section 598.
The conference agreement does not include language
contained in the Senate amendment providing that $2,500,000
may be transferred from this account to the ``International
Organizations and Programs'' account to provide a total
contribution of $5,000,000 to the International Fund for
Agricultural Development (IFAD). The conference agreement
provides $5,000,000 from title IV of this Act for IFAD, as
proposed by the House.
The conference agreement includes bill language similar to
the Senate amendment that not less than $310,000,000 should
be provided for agriculture and rural development programs
through Foreign Assistance Act funds and through Support for
East European Development Act funds. The House bill did not
address this matter. The managers continue to support
international agriculture and rural development activities
and direct AID to increase funding for these important
programs.
The conference agreement provides that, of the funds for
agriculture and rural development programs, $30,000,000
should be provided for biotechnology research and
development. The conference agreement does not include bill
language for the University of Missouri-St. Louis
International Laboratory for Tropical Agriculture
biotechnology program (ILTAP), as proposed by the Senate.
However, the managers support and urge AID to favorably
consider $1,000,000 for ILTAP to train scientists from
Southeast Asia in methods to fight diseases that threaten
rice, tomatoes, and cassava which the managers believe will
play a key role in stabilizing the food supply for the
region.
The conference agreement does not include bill language for
the University of California, Davis, as proposed by the
Senate. However, the managers support and urge AID to
favorably consider $1,000,000 for the University of
California, Davis to support research and to train foreign
scientists in programs which address improving crop
agriculture in Central Africa.
The conference agreement does not include bill language for
Tuskegee University, as proposed by the Senate. However, the
managers support and urge AID to favorably consider
$1,000,000 to establish a ``Center to Promote Biotechnology
in International Agriculture'' at Tuskegee University. This
center will promote extension and outreach aimed at policy
makers, the media, farmers, and consumers in cooperation with
local scientists. The emphasis should be to identify
agricultural genetic technology applications crucial to
combating hunger, malnutrition, and boosting low incomes in
rural areas.
The conferees agree that Marquette University's Les Aspin
Center for Government, which has been carrying out training
programs for Africans in democracy and leadership, should
receive the same consideration as similar programs at other
Universities mentioned in the Senate report.
The conference agreement provides that not less than
$2,300,000 should be made available for a core grant to the
International Fertilizer Development Center (IFDC), which is
similar to the Senate amendment. The House bill did not
address this matter. The managers strongly support the
fertilizer-related research and development being conducted
by IFDC and direct the Administrator of AID to make at least
$4,000,000 available to IFDC, including not less than
$2,300,000 for its core grant.
The conference agreement provides not less than $5,200,000
for AmeriCares for the construction, rehabilitation, and
operation of community-based primary healthcare facilities in
Nicaragua, Honduras, Guatemala, and El Salvador.
The conference agreement provides that $500,000 should be
made available for support of the United States
Telecommunications Training Institute. The Senate amendment
included bill language mandating that such funds be made
available for this purpose. The House bill did not address
this matter.
The conference agreement provides that $17,000,000 should
be made available for the American Schools and Hospitals
Abroad (ASHA) program. The Senate amendment included bill
language mandating that such funds be made available for this
purpose. The House bill did not address this matter. The
managers direct ASHA to give full consideration to grant
proposals from all qualified institutions. These may include
grant proposals for curriculum, staff support, and related
expenses and for expansion of overseas facilities owned and
operated by U.S. based, non-profit educational institutions.
No regulation, statute, or congressional directive precludes
ASHA funds from being utilized for these purposes.
The conference agreement provides that not less than
$2,000,000 should be made available to support an
international media training center. The Senate amendment
included bill language mandating that such funds be made
available for this purpose. The House bill did not address
this matter.
The conference agreement does not include bill language
proposed in the Senate amendment which provided up to
$7,000,000 for Carelift International. The House bill did not
address this matter. The managers have addressed Carelift
International in the ``Child Survival and Disease Programs
Fund'' section of the statement of the managers.
The conference agreement does not include bill language
providing up to $1,500,000 to develop and integrate education
programs aimed at eliminating female genital mutilation
(FGM), as proposed in the Senate amendment. The House bill
did not address this matter. The managers direct the
Secretary of State to determine the prevalence of the
practice of FGM and the existence and enforcement of laws
prohibiting this practice. The Secretary shall submit to the
Committees on Appropriations, not later than March 1, 2001,
these findings and recommendations on how the United States
government can best work to eliminate this practice. The
managers direct AID to make available $1,500,000 to develop
and integrate into development strategies, where appropriate,
educational programs aimed at eliminating FGM. Further, the
managers direct that AID's fiscal year 2002 budget
justification include a narrative regarding the agency's
proposed budget and programs in this area.
The managers continue to be concerned about worldwide
trafficking of women and children and direct AID to provide
not less than $2,500,000, including funds from under the
heading ``Independent States'', to continue and expand these
anti-trafficking programs.
The managers strongly support the Collaborative Research
Support Programs (CRSPs), as stated in the House and Senate
reports. Prior to the submission of the report required by
section 653 of the Foreign Assistance Act, AID is directed to
consult with the Committees on Appropriations regarding the
proposed allocation of agriculture, rural development and
CRSPs resources.
The conference agreement does not include bill language
proposed in the Senate amendment providing $1,500,000 for
Habitat for Humanity International for construction of
housing in northern India. The House did not address this
matter in bill language. The managers request that the
Department of State coordinate with AID in determining the
funding responsibility for long-term assistance for Tibetan
refugees, including assistance to refugees residing in India.
In this regard, the managers would support the proposal to
fund the Tibetan Resettlement Project in Dehradum, India,
consistent with Tibetan cultural practices. These funds
should be in addition to those allocated for Tibetan refugees
in ``Migration and Refugee Assistance''.
The conference agreement does not include bill language
proposed by the Senate amendment regarding microenterprise.
The House bill did not address this matter. Microenterprise
authorization is included in Public Law 106-309.
The managers continue to believe that protecting
biodiversity and tropical forests in developing countries is
critical to the global environment and U.S. economic
prosperity, especially for the agricultural and
pharmaceutical industries. The managers direct AID to
continue to work to increase overall biodiversity funding, as
well as funding to the Office of Environment and Natural
Resources, consistent with the House and Senate reports. Not
later than 60 days after enactment of this Act, AID shall
report to the Committees on Appropriations regarding the
proposed allocation of resources for biodiversity on a
bureau-by-bureau basis.
The conference agreement does not include bill language
regarding the Foundation for Environmental Security and
Sustainability, as proposed in the Senate amendment. The
House bill did not address this matter. The managers support
and urge AID to favorably consider $2,500,000 for the
Foundation for Environmental Security and Sustainability to
support environmental threat assessments with
interdisciplinary experts and academicians utilizing various
technologies to address issues such as infectious diseases,
and environmental indicators and warnings as they pertain to
the security of a region.
The managers support the work of Alfalit International, an
educational nongovernmental organization dedicated to
promotion of literacy, elementary education, and community
development in Africa, and Latin America and the Caribbean.
Alfalit's proven record during the past three decades has
helped significantly reduce child and adult illiteracy
throughout Latin America and Africa. The managers direct AID
to provide $1,500,000 to Alfalit to develop and implement
programs to combat adult illiteracy in countries in which AID
operates.
The managers encourage AID to support initiatives designed
to promote child safety in developing countries such as those
designed and carried out by the National Safe Kids Campaign.
The managers believe that developing countries could benefit
greatly from the 300 local programs already operating
throughout the United States.
The managers support and direct AID to provide up to
$1,000,000 for the Center for Latin American Trade Expansion
at the University of San Francisco to assist in the
development of trade promotion initiatives at the USF
Business School's Center for Economic Development.
The managers commend the progress made by the Eastern
European Real Property Program in the Europe and Eurasia
Bureau since 1992. As the program expands into
[[Page H10780]]
other regions as the International Real Property Program
(IRPP), the Committee recommends that other AID regional
bureaus and missions seriously consider cooperation with the
IRPP as housing, shelter, and urban activities are included
in country strategies. The managers encourage AID to fund the
IRPP at a level not less than the fiscal year 1998 amount.
Patrick Leahy War Victims Fund
The managers direct that $12,000,000 be provided through
the ``Patrick Leahy War Victims Fund'' to address the
medical, rehabilitative, economic and social needs of war
victims, particularly those who have been severely disabled
from landmines and other unexploded ordnance. Of this amount,
up to $10,000,000 is to be funded from the ``Development
Assistance'' account and the ``Economic Support Fund.'' The
balance should be funded from Office of Transition
Initiatives resources, and with funds from the demining
budget of the ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' account.
Cyprus
The conference agreement includes Senate language that
provides not less than $15,000,000 of the funds made
available under ``Development Assistance'' and ``Economic
Support Fund'' for assistance for Cyprus for scholarships,
administrative support of the scholarship program, bicommunal
projects, and measures aimed at reunification of the island.
The House bill did not address this matter.
Lebanon
The conference agreement includes language that provides
that not less than $35,000,000 of the funds made available
under ``Development Assistance'' and ``Economic Support
Fund'' shall be made available for Lebanon to be used, among
other programs, for scholarships and direct support of the
American educational institutions in Lebanon. The language is
similar to House and Senate language that provided that not
less than $18,000,000 should be made available for Lebanon
for these purposes.
The managers are troubled by reports of the abduction to
Lebanon of American children by estranged parents, and urge
the Lebanese Government to assist in locating and returning
these children to the United States.
Burma
The conference agreement includes Senate language that
provides not less than $6,500,000 of the funds made available
under ``Development Assistance'' and ``Economic Support
Fund'' for assistance to support democracy activities in
Burma and for other specified activities. These funds are
made available notwithstanding any other provision of law,
and shall be subject to the regular notification procedures
of the Committees on Appropriations. Of these funds,
$3,500,000 should be derived from ``Economic Support Fund''
and $3,000,000 should be derived from ``Development
Assistance''. The House bill did not address this matter.
The managers are deeply concerned by recent actions taken
by the SPDC to limit efforts by Aung San Suu Kyi to travel
outside Rangoon to meet with members of the National League
for Democracy (NLD). On two separate occasions, she has been
detained or blocked from carrying out reasonable and legal
political organization activities. During the past year, Aung
San Suu Kyi has continued to call upon the junta to
participate in a dialogue to bring about reconciliation and
democracy. The response from the junta has been to escalate
repression of democratic activists and further isolate and
attempt to intimidate Aung San Suu Kyi. The conferees commend
the NLD and its leadership for its continued courage and
effort to restore democracy to Burma.
In addition, the managers take note of the conditions under
which Min Ko Naing continues to suffer. In 1989, he led
students in non-violent protests against the military regime
and was an outspoken supporter for democracy and human
rights. For his actions, Min Ko Niang was arrested and
ultimately sentenced to a minimum of 25 years in solitary
confinement in the notorious Insein Prison. Min Ko Niang has
been offered immediate release by the military junta in
return for signing a statement renouncing the democracy
movement and abandoning any future activity in politics. He
has steadfastly refused to sign any document. In recognition
of his courage, the managers direct that not less than
$250,000 of the funds made available be dedicated to
establishing a Min Ko Niang student scholarship and support
fund.
Conservation Fund
The conference agreement includes a provision, which is
similar to the Senate amendment, that not less than
$4,000,000 should be made available for the Conservation
Fund. The House bill did not address this matter. The
managers direct that not less than $4,000,000 be provided
equally from ``Development Assistance'' and ``Economic
Support Fund'' to support the preservation of habitats and
related activities for endangered wildlife, including
$1,500,000 for programs to protect orangutans in Indonesia,
$1,500,000 for programs to protect gorillas in central
Africa, and $1,000,000 for programs to protect cheetahs in
Namibia. The managers direct AID to consult with the
Committees in advance on the proposed uses of these funds.
Private and Voluntary Organizations
The conference agreement includes language proposed by the
House and the Senate providing that funds appropriated for
development assistance programs should be available to
private and voluntary organizations at a level which is at
least equivalent to the level provided in fiscal year 1995.
The conference agreement also requires that the Administrator
of AID inform the Committees on Appropriations prior to
waiving the requirement that private voluntary organizations
receive at least 20 percent of their total annual funding for
international activities from sources other than the United
States government. The House bill included a similar
provision.
International Disaster Assistance
The conference agreement appropriates $165,000,000 for
``International Disaster Assistance'', as proposed by the
House bill, instead of $220,000,000 as proposed by the Senate
amendment. The managers recommend the establishment of a
separate account for AID's Office of Transition Initiatives.
Therefore, the conference agreement provides the necessary
resources requested to meet all existing and projected
disaster needs in fiscal year 2001.
The managers are concerned by reports of quality problems
in food aid commodities, including significant losses of
micro-nutrients during production and field preparation, and
believe that urgent action is needed to improve the quality
of commodities provided to vulnerable populations and ensure
the delivery of essential nutrients. The managers direct the
Administrator of AID, after consultation with agriculture
commodity producers and private voluntary organizations, to
establish a plan and mechanism to ensure cooperation between
AID and the Department of Agriculture to improve and assure
the quality of commodities provided under this Act.
Transition Initiatives
The conference agreement appropriates $50,000,000 for a new
account for Transition Initiatives to support AID's Office of
Transition Initiatives (OTI). The House bill proposed
$40,000,000 for this account. The Senate amendment included
funding for OTI activities within the ``International
Disaster Assistance'' account. The conference agreement does
not preclude OTI from using resources transferred from other
development and economic assistance funds in this Act. The
conference agreement requires that AID submit a report to the
Appropriations Committees not less than five days prior to
beginning a new program of assistance. The House bill
contained a similar provision.
micro and small enterprise development program account
The conference agreement appropriates $1,500,000 for direct
loans and loan guarantees and $500,000 for administrative
expenses for micro and small enterprise activities as
proposed by the House bill. The Senate amendment did not
address this matter.
development credit program account
(including transfer of funds)
The conference agreement appropriates $1,500,000 in a
direct appropriation and up to $5,000,000 by transfer from
funds made available under the heading ``Development
Assistance'' for the cost of loans and loan guarantees for
AID's Development Credit Program Account, as proposed by the
House. In addition, the conference agreement provides
$4,000,000 for administrative expenses which may be
transferred to and merged with AID's ``Operating Expenses''
account, as proposed by the Senate. The House bill proposed
$6,495,000 for administrative expenses. The managers endorse
House report language directing the use of funds under this
heading for an integrated municipal infrastructure and
housing program in Costa Rica.
operating expenses of the agency for international development
The conference agreement appropriates $520,000,000, instead
of $509,000,000 proposed by the House and $510,000,000
proposed by the Senate, for Operating Expenses of the Agency
for International Development. The conference agreement
prohibits the use of funds in this account to finance the
construction or long-term lease of offices for use by AID
unless the Administrator of AID reports in writing to the
Appropriations Committees prior to the obligation of funds
for such purposes, as proposed by the House.
Operating Expenses of the Agency for International Development
office of inspector general
The conference agreement appropriates $27,000,000 for
Operating Expenses of the Agency for International
Development, Office of Inspector General, as proposed by the
House. The Senate amendment proposed $25,000,000.
Other Bilateral Economic Assistance
economic support fund
The conference agreement appropriates $2,295,000,000 for
the Economic Support Fund instead of $2,208,900,000 as
proposed by the House and $2,220,000,000 as proposed by the
Senate.
The conference agreement contains Senate language that
provides not less than $840,000,000 for Israel and not less
than $695,000,000 for Egypt, instead of not to exceed those
sums as proposed by the House. In addition, Senate language
is included that provides not less than $200,000,000 for the
Commodity Import Program in Egypt. The House bill did not
address this matter.
The conference agreement does not contain Senate language
that would have authorized the use of up to the Egyptian
pound equivalent of $50,000,000 for certain specified
activities. The House bill did not address this matter.
[[Page H10781]]
The conference agreement includes language that provides
that in exercising the authority to provide cash transfer
assistance for Israel, the President shall ensure that Israel
enters into a side letter agreement proportional to the
fiscal year 1999 agreement.
The conference agreement also includes language that
provides that not less than $150,000,000 should be made
available for assistance for Jordan. The Senate language
would have mandated this level of support. The House bill did
not address this matter. The conference agreement does not
contain Senate language that would have provided $2,000,000
for the American Center for Oriental Research, but the
managers support this proposal and urge the Department of
State and the Agency for International Development to give it
favorable consideration.
The conference agreement includes House language that
states that not less than $12,000,000 should be made
available for Mongolia. The Senate amendment did not address
this matter.
The conference agreement also includes House language that
requires that funds obligated for regional or global programs
shall be subject to the regular notification procedures of
the Committees on Appropriations. The Senate amendment did
not address this matter.
The conference agreement provides that $5,000,000 should be
made available for economic rehabilitation and related
activities in the Aceh region of Indonesia. In May 2000,
representatives of the Indonesian government and the Free
Aceh Movement signed a Joint Understanding on a Humanitarian
Pause for Aceh. Since signing the understanding
representatives have met and agreed upon a number of projects
which would address humanitarian and economic needs in Aceh.
The managers support this dialogue and urge AID through the
Office of Transition Initiatives to promptly provide
assistance to projects agreed upon by both parties which
further the objectives of the Joint Understanding and support
a resolution to the conflict in Aceh.
The managers encourage AID to support effective economic
restructuring and decentralization programs, where feasible,
in key regions throughout Indonesia, especially in the
Moluccas and other areas of Eastern Indonesia.
The conference agreement also includes language that
provides that not less than $25,000,000 shall be made
available for East Timor. The House bill did not address this
matter. The managers strongly support AID's Economic
Rehabilitation and Development Project, also known as the
East Timor Coffee Project. The managers are concerned about
reports that certain individuals in East Timor are seeking to
restore monopolistic control of coffee production, that would
jeopardize the livelihoods of thousands of farmers. The
managers will continue to closely monitor this project. The
managers are also aware of the importance of the
Consolidated Fund for East Timor and expect that the
United States will provide up to $4,500,000. The managers
also urge AID to continue supporting activities that will
improve the economy and establish democratic practices.
The conference agreement also includes language similar to
that from the Senate amendment that provides that up to
$10,000,000 may be used, notwithstanding any other provision
of law and subject to the regular notification procedures of
the Committees on Appropriations, to provide certain
specified assistance to the National Democratic Alliance of
Sudan. The House bill did not address this matter. The
conference agreement does not include section 597 of the
Senate amendment regarding reporting requirements on Sudan.
However, the managers direct that the Secretary of State
report not later than March 1, 2001, describing the areas of
Sudan which are open to Operation Lifeline Sudan (OLS) and
those areas which are prohibited, and the reasons for these
prohibitions; the extent of actual deliveries of assistance
through OLS since January 1997; the areas of Sudan where the
United States has provided assistance outside of OLS since
January 1997, including the amount, extent and nature of that
assistance; and an assessment of the humanitarian needs in
areas of Sudan not served by OLS.
The managers encourage USAID to provide an additional
$1,000,000 in Economic Support Funds during fiscal year 2001
to support Phase II of the Haiti Health Systems 2004 Project.
The additional resources will ensure that financial support
to health providers operating under performance based
contracts will not be reduced below fiscal year 2000 levels.
The managers support and urge the State Department to
favorably consider the allocation of at least $250,000 in
funding for South Korean nongovernmental organizations
involved in activities to promote democratization efforts in
North Korea. Such funds should be programmed through the
National Endowment for Democracy.
The managers support the House report language providing
$1,000,000 for the Reagan/Fascell Democracy Fellows Program
of the National Endowment for Democracy.
The managers support the budget request of $20,000,000 for
assistance for Cambodia through nongovernmental organizations
(NGO's) and local governments, as appropriate. No support
would be available to or through the central government. The
managers support assistance for such activities as health
(especially to combat HIV/AIDS), education, environmental
protection and democratization. In addition, the managers
strongly support funding through NGO's to assist in efforts
to halt illegal logging operations. The managers also endorse
the House report language regarding the Cambodian Mine Action
Center. Finally, the managers commend the work of the
Documentation Center of Cambodia, which has painstakingly
cataloged the atrocities of the Khmer Rouge. This evidence
will be invaluable in any trials of Khmer Rouge leaders. The
managers direct AID to provide adequate funding so the
Documentation Center can continue its work.
The managers direct that in addition to funds otherwise
requested or made available for Yemen, up to $4,000,000 shall
be dedicated to counter-terrorism training and
investigations. The managers also direct that these funds not
be made available until the Director of the Federal Bureau of
Investigation certifies to the Committees on Appropriations
that the Government of Yemen is fully cooperating with United
States officials in the investigation of the bombing of the
U.S.S. Cole.
The managers also reiterate support for conflict resolution
programs as described in the House and Senate reports,
including funding for Seeds of Peace.
International Fund for Ireland
The conference agreement appropriates $25,000,000 as
proposed by the House. The Senate amendment contained no
provision on this matter.
The managers endorse the House and Senate report language
in urging the application of equal opportunity principles
through the International Fund for Ireland. The managers also
endorse the Senate report language on the Northern Ireland
Voluntary Trust, and the House report language on Project
Children.
Assistance for Eastern Europe and the Baltic States
The conference agreement appropriates $600,000,000 instead
of $535,000,000 as proposed by the House and $635,000,000 as
proposed by the Senate.
The conference agreement does not include minimum funding
levels for Croatia and Montenegro as proposed by the Senate.
However, the managers strongly support assistance for both
countries. From funds appropriated under this heading both in
this title and in title VI, as well as from funds made
available in Public Law 106-52, the managers expect that not
less $65,725,000 will be made available for Croatia and not
less than $89,000,000 will be made available for Montenegro.
The managers strongly support the announced intention of
the Government of Croatia to fulfill several commitments,
including cooperation with the International Criminal
Tribunal for the Former Yugoslavia; an end to financial,
political, security, and other support to Herceg Bosna;
establishment of a swift timetable and cooperation in support
of the safe return of refugees; and the acceleration of
political, media, electoral, and anti-corruption reforms. The
managers direct that the Secretary of State report to the
Committees on Appropriations on the implementation of these
goals prior to the obligation of funds for Croatia.
The conference agreement contains language similar to that
in the House bill that provides not less than $5,000,000 for
the Baltic States. In addition, it contains language similar
to that in the Senate amendment that imposes a ceiling of
$80,000,000 on assistance to Bosnia and Herzegovina from
funds appropriated under this heading and under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement''. The House bill did not address
this matter.
The conference agreement contains language similar to that
in the House bill that prohibits funds for Kosova from this
account and from ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' to
exceed 15 percent of the total resources pledged by all
donors for calendar year 2001 for assistance for Kosova as of
March 31, 2001. The Senate amendment would have prohibited
funds for Kosova until the Secretary of State certified that
the resources obligated and expended by the United States in
Kosova did not exceed 15 percent of the total resources
obligated and expended by all donors. The conference
agreement does not contain House language that would also
have limited funding for Kosova to $150,000,000.
The conference agreement does not contain language from the
Senate amendment that would have required that not less than
50 percent of the funds made available for Kosova be made
available through non-governmental organizations (NGOs). The
House bill did not address this matter. The managers direct
that the Agency for International Development submit
quarterly reports to the Committees on Appropriations
regarding the organizations, activities and levels of support
provided through local NGOs.
The conference agreement includes language providing that
$1,300,000 should be made available to support the National
Albanian American Council's training program for Kosovar
women. The Senate amendment would have mandated such support.
The House bill did not address this matter.
The conference agreement does not contain Senate language
regarding $250,000 for assistance to law enforcement
officials in Kosova
[[Page H10782]]
to better identify and respond to cases of trafficking in
persons or $750,000 for a joint project developed by the
University of Pristina and Dartmouth Medical School to help
restore and improve educational programs at the University of
Pristina Medical School. However, the managers support
funding for these items, as well as for a proposal by Florida
State University for $2,000,000 to fund a distance learning
program of instruction in basic legal principles for students
and professionals in Eastern Europe, and urge the Agency for
International Development to favorably consider these
proposals. In addition, the managers reiterate support for
the Orava Project of the University of Northern Iowa as
expressed in the House and Senate reports.
The managers note the crucial importance of a democratic,
multi-ethnic Macedonia to stability in the Balkans, as well
as the contributions made by that nation during the Kosova
air campaign. In view of these factors the managers strongly
support adequate resources for assistance for Macedonia for
fiscal year 2001.
The managers note with great concern the delay in the
implementation of critical nuclear safety upgrades at the
Kozloduy Nuclear Power Plant in Bulgaria. The managers are
further concerned that commercial disputes regarding the
project may negatively affect U.S.-Bulgarian commercial
relations. Therefore, the Secretary of State is urged to
communicate to the Government of Bulgaria the need to
expeditiously begin work on this project.
The conference agreement includes language similar to that
in the House bill that authorizes the use of local currencies
generated by the assistance program in Bosnia for use in
Eastern Europe consistent with the provisions of the Support
for East European Democracy (SEED) Act of 1989 and the
Foreign Assistance Act of 1961. The Senate amendment did not
address this matter. The managers expect the Agency for
International Development to consult with the Committees on
Appropriations on the proposed uses of these funds, and to
submit a financial plan to the Committees following such
consultations.
The conference agreement contains House language regarding
Presidential authority to withhold funds for Bosnia if the
Bosnian Federation is not complying with the requirements of
the Dayton Peace Accord regarding the removal of foreign
troops, and has not terminated intelligence cooperation with
Iranian officials. The Senate amendment contained similar
language.
The managers request the President to determine whether it
would be appropriate to expunge by executive order certain
references in the 1965 report of the Commission on Law
Enforcement and Administration of Justice, entitled ``The
Challenge of Crime in a Free Society,'' to Italian nationals.
Assistance for the Independent States of the Former Soviet Union
The conference agreement appropriates $810,000,000, instead
of $740,000,000 as proposed by the House and $775,000,000 as
proposed by the Senate. The managers have included a ceiling
of 8 percent on management costs instead of 7 percent as
proposed by the Senate for nuclear safety activities.
Further, the conference agreement places a limitation of 25
percent on the percentage of funds that may be allocated for
any single country as proposed by the House.
The conference agreement includes not less than
$45,000,000, as proposed by the House, only for child
survival, environmental and other health activities; programs
to reduce the incidence of infectious diseases; and related
activities. When AID is allocating funds to combat HIV/AIDS
and tuberculosis in the Europe and Eurasia region, the
managers direct that funds from regional accounts and the
Child Survival and Disease Programs Fund are to be provided
in approximately equal amounts.
The conference agreement also directs the Coordinator of
Assistance to the Independent States to obligate not less
than $1,500,000, primarily through locally-based and
indigenous private voluntary organizations, to reduce
trafficking in women and children. The managers urge the
Coordinator to augment anti-trafficking projects by
continuing and strengthening law enforcement and other
activities to reduce all forms of violence against women. As
proposed by the Senate, the conference agreement mandates the
obligation of not less than $10,000,000, from this and the
migration and refugee account, only for nongovernmental
organizations providing humanitarian relief in Chechnya and
Ingushetia.
The managers strongly support regional cooperation efforts
among the countries of Armenia, Azerbaijan, and Georgia. To
further regional cooperation, the conference agreement
continues the current six exemptions from the statutory
restrictions on assistance to the Government of Azerbaijan.
The managers include a provision that of the funds available
for the Southern Caucasus region 15 percent, as proposed by
the House, may be used for confidence-building measures and
other activities related to the resolution of regional
conflicts, notwithstanding any other provision of law, as
proposed by the Senate.
In support of regional reconciliation in the Caucasus, the
managers believe that bringing together political leaders,
academics and other individuals from Georgia, Armenia and
Azerbaijan to discuss economic and cultural development,
democracy building, and the needs of victims of conflict
would be a vital step. Therefore, the managers direct that
$900,000 be made available, from funds for the Southern
Caucasus region for confidence-building measures for such
initiatives, specifically, the International Peace Forum, to
be held in Tbilisi, Georgia, in Spring 2001.
The conference agreement reserves not less than $92,000,000
of the funds in this account for Georgia only and not less
than $90,000,000 for Armenia only, instead of $94,000,000 and
$89,000,000, respectively, as proposed by the Senate, and
12.5 percent for each as proposed by the House. The managers
direct the Coordinator and AID to allocate not less than
$25,000,000 of the funds made available for Georgia for
security assistance for border and export control only and up
to $5,000,000 for the training of municipal and regional
officials in management of water resource, transportation,
and other sectors operated or regulated by local governments
in Georgia. The managers support and urge AID to favorably
consider proposals by Fort Valley State University and the
University of Louisville to participate in any absorptive
capacity fund that may be established in the Republic of
Georgia.
The managers are aware that Armenia may be selected as the
host site for Synchrotron Light Source Particle Accelerator
project known as SESAME. The managers understand that the
project will be used to advance regional interests in
medicine, geology, industry, and electronics. In the event
that the project is located in Armenia, the managers intend
that $15,000,000 of the funds made available for Armenia
should support this or a comparable project.
The managers include bill language directing that
$170,000,000 should be made available for Ukraine instead of
$175,000,000 as proposed by the Senate. Of the amount for
Ukraine, not less than $25,000,000 shall be provided for
nuclear reactor safety programs. The managers have also
included bill language directing that $5,000,000 should be
provided for the Ukrainian Land and Resource Management
Center.
The conference agreement includes not less than $1,000,000
to increase analytical capacity in Ukraine in the area of
healthcare and environmental health epidemiology,
particularly concerning children with special needs and birth
defects. This directive is based on the Senate amendment
mandating funds to complete the ongoing study of the
environmental causes of birth defects in Ukraine that is
managed by the University of South Alabama. The conference
agreement also includes not less than $3,250,000 for two
regional initiatives, industrial sector management study
tours conducted by Ohio's Center for Economic Initiatives and
community telecommunications activities managed by the
National Telephone Cooperative Association.
The conference agreement includes conditions on assistance
to the Government of the Russian Federation, with exceptions
for specified humanitarian and security programs, with
respect to its adherence in the Northern Caucasus to certain
conventional arms and human rights conventions and
agreements, as proposed by both the House and the Senate.
The conference agreement provides that 60 percent of
assistance to the Government of the Russian Federation would
be withheld if the President is unable to certify to Congress
that the Russian Government has terminated its ongoing
cooperation with the Government or Iran with regard to
certain nuclear and missile technology matters, and, with
regard to Chechnya, is cooperating with international efforts
to investigate allegations of war crimes and is in compliance
with article V of the Treaty on Conventional Armed Forces in
Europe.
The managers reiterate language from the fiscal year 2000
Statement of the Managers with regard to other limitations on
assistance, ``that assistance to combat infectious diseases,
* * * support for regional and municipal governments, and
partnerships between United States hospitals, universities,
judicial training institutions and environmental
organizations and counterparts in Russia should not be
affected by this section.''
The conference agreement includes language providing not
less than $20,000,00 for the Russian Far East. This matter
was not addressed in the House bill. The managers recognize
the successful entrepreneurship, management and
democratization programs carried out during the past seven
years in the Russian Far East by the University of Alaska's
American-Russian Center. In addition to supporting continued
University of Alaska programs in the Russian Far East, the
managers direct that $3,000,000 be made available for a
proposal by the University of Alaska to extend these efforts
to Chukotka. In collaboration with Alaska Pacific University
and two Alaska Native regional governments (the North Slope
Borough and the Northwest Arctic Borough), the University of
Alaska will provide training and technical assistance to
strengthen Chukotka's economy, develop market driven systems,
and improve social conditions, particularly for the
indigenous peoples.
The managers commend three programs in Russia that merit
support from the ``Assistance for the Independent States of
the Former Soviet Union'' account. The Replication of Lessons
Learned (ROLL) program provides ongoing American support to
help local Russian private volunteer organizations increase
their management capacity to help solve pollution and related
health problems, protect natural resources, and support
[[Page H10783]]
economic growth. The managers urge that the ROLL and similar
small grants programs that support women, children, and
religious freedom be increased by at least 10 percent over
current levels.
In addition, the managers direct that not less than
$250,000 should be provided to the Moscow School of Political
Studies to support its successful efforts to teach democratic
and free market principles to the emerging generation of
Russia's political leaders and $400,000 be made available for
the Cochran Fellowship Program to acquaint Russian farmers
with American agricultural practices and to enhance U.S.-
Russian trade and business relations. The Moscow School of
Political Studies is making a concerted effort to teach
democratic and free market principles to the emerging
generation in Russia. It does this by conducting numerous
seminars to expose young political leaders--of all parties,
at both the federal and regional levels--to Western classical
political and economic thought.
The conference agreement also includes funds to support
expansion of the Primary Healthcare Initiative in Ukraine,
Georgia, and Russia of the World Council of Hellenes, and the
United States-Russia Investment Fund, consistent with the
funding levels specified in the House report. The managers
commend the Fund for its promotion and development of a
market economy in Russia and urge the State Department and
AID allocate the maximum level practicable to the Fund in
fiscal year 2001. The managers also support House language
recommending the creation of a collaborative research program
on issues of arms control verification for Russian and
American scholars under the Expanded Threat Reduction
Program. The managers also support and urge AID to favorably
consider proposals to expand two existing programs: the
Silk Road Seed Multiplication Program, based on the
success of a similar program in Armenia; and the
University of Arkansas Medical School-Volgograd
Partnership program.
The conference agreement does not reserve $6,000,000 from
this account only for Mongolia, as proposed by the Senate.
Language in the statement of the managers under the heading
``Economic Support Fund'' addresses this matter.
Independent Agency
Peace Corps
The conference agreement appropriates $265,000,000 instead
of $258,000,000 as proposed by the House and $244,000,000 as
proposed by the Senate.
Department of State
International Narcotics Control and Law Enforcement
The conference agreement appropriates $325,000,000 for
International Narcotics Control and Law Enforcement instead
of $305,000,000 as proposed by the House and $220,000,000
proposed by the Senate.
The conference agreement requires that all anti-crime
programs be subject to the regular notification procedures of
the Committees on Appropriations, as proposed by the House.
The Senate did not address this matter.
The conference agreement contains House language allowing
the Department of State to utilize section 608 of the Foreign
Assistance Act to receive excess property from other U.S.
federal agencies for use in a foreign country. The Senate
amendment did not address this matter.
The managers endorse House report language regarding, and
direct the State Department to favorably consider, Notre Dame
University's program of human rights, democracy, and conflict
resolution training in Colombia.
The managers direct the Secretary of State to engage the
government of Panama in good faith negotiations for the
conclusion of an agreement which provides the U.S. military a
forward operating location to support the use funds of under
this heading.
Migration and Refugee Assistance
The conference agreement appropriates $700,000,000, instead
of $645,000,000 as proposed by the House and $615,000,000 as
proposed by the Senate. The conference agreement makes
available $14,500,000, for administrative expenses, instead
of $14,000,000 as proposed in the Senate amendment. The House
proposed $14,852,000 for administrative expenses.
The conference agreement also includes Senate language, not
included in the House bill, that provides not less than
$60,000,000 for refugees from the former Soviet Union and
Eastern Europe and other refugees resettling in Israel.
The conference agreement provides that funds appropriated
under this heading to support activities and programs
conducted by the United Nations Commissioner for Refugees
shall be made available after reporting at least 5 days in
advance to the Committees on Appropriations. This reporting
requirement may be waived for any obligation if failure to do
so would pose a substantial risk to human health or welfare.
In the event that the waiver is exercised, a report to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 5 days after such
obligation.
The managers support the efforts of the Department of State
to remove anti-Semitic content in textbooks and curricula
used in schools administered by the United Nations Relief and
Works Agency for Palestine Refugees in the Near East (UNRWA).
The managers are concerned by reports that anti-Semitic,
anti-Israel rhetoric has been included in new Palestinian
school textbooks. Accordingly, the managers direct the
Secretary of State to report in writing to the Committees on
Appropriations not later than February 1, 2001, on any such
anti-Semitic, anti-Israel content in the new textbooks and on
initiatives to redress such content in UNRWA schools.
United States Emergency Refugee and Migration Assistance Fund
The conference agreement appropriates $15,000,000, as
proposed by the Senate amendment. The House bill proposed
$12,500,000.
Nonproliferation, Anti-terrorism, Demining and Related Programs
The conference agreement appropriates $311,600,000 instead
of $241,600,000 as proposed by the House and $215,000,000 as
proposed by the Senate.
The managers intend that funds in this account be allocated
as follows:
[In thousands of dollars)
Nonproliferation and Disarmament Fund...........................$15,000
Export control assistance........................................19,100
International Atomic Energy Agency...............................47,000
CTBT Preparatory Commission......................................21,500
Korean Peninsula Economic Development Organization (KEDO)........55,000
Anti-terrorism assistance........................................38,000
Terrorist Interdiction Program....................................4,000
Demining.........................................................40,000
Small arms destruction............................................2,000
Science Centers..................................................35,000
Lockerbie trial costs............................................15,000
Nonproliferation contingency.....................................20,000
Total.......................................................311,600
The conference agreement does not provide funds for a
proposed Center for Antiterrorism and Security Training
(CAST), both due to budget constraints and due to the fact
that funding for domestic law enforcement training is not
under the jurisdiction of the Subcommittee on Foreign
Operations, Export Financing, and Related Programs. Although
the proposal for CAST includes training for foreign law
enforcement purposes, the managers believe that these needs
can be met by training at existing facilities and encourage
the Department of State to coordinate with the Federal Law
Enforcement Training Center (FLETC) and the Department of
Justice. To the extent that other Federal entities were
seeking to participate in the proposed training facility,
such needs should be pursued through the proper subcommittees
of jurisdiction.
The managers intend that $5,000,000 of the funds allocated
for export control assistance be made available for equipment
for Malta to enable that country to monitor shipments
transiting the Malta Freeport. This equipment will assist the
Government of Malta in its efforts to prevent the
transshipment of narcotics, weapons of mass destruction, and
other illegal material through the Freeport. As evidence in
the Lockerbie trial has illustrated, preventing such
shipments is in the direct national security interest of the
United States.
In addition, the managers strongly support the allocation
of up to $8,000,000 for export control activities along
Jordan's borders with Iraq and Syria, including the
procurement of mobile vans and trucks that are capable of
monitoring shipments of goods into Jordan.
The conference agreement includes House language that
authorizes a contribution to the Comprehensive Nuclear Test
Ban Treaty (CTBT) Preparatory Commission, and requires that
the Secretary of State inform the Committees on
Appropriations at least 20 days prior to the obligation of
funds for such Commission. The conference agreement does not
include Senate language on this matter. However, the managers
endorse the Senate report language directing that a report be
provided to the Committees on Appropriations on the
anticipated use of funds made available to the Commission,
including an identification of all donors and any directives
or restrictions associated with their contribution; a
detailed explanation of expenditures in 2000 and 2001,
including sites where the United States has provided
assistance to third party nations; and a copy of the
Commission's 2001 budget.
The conference agreement includes Senate language
authorizing the use of funds for the destruction of small
arms, and providing that $40,000,000 should be used for
demining activities including not to exceed $500,000 for
administrative expenses. The House bill did not address these
matters.
Department of the Treasury
International Affairs Technical Assistance
The conference agreement includes $6,000,000 for the
International Affairs Technical Assistance program of the
Department of the Treasury instead of $5,000,000 as proposed
by the Senate and $2,000,000 as proposed by the House.
Debt Restructuring
The conference agreement appropriates $238,000,000 for debt
restructuring as proposed by the House instead of $75,000,000
as proposed by the Senate. The managers include not less than
$13,000,000 only for implementation of title V of the Foreign
Assistance Act. The remainder of the amount provided for debt
restructuring may be used at the Administration's discretion,
subject to certain
[[Page H10784]]
reporting and notification requirements, either for bilateral
debt restructuring or for United States contributions to the
Heavily Indebted Poor Country (HIPC) Trust Fund administered
by the World Bank.
The conference agreement includes language that countries
benefiting from U.S. contributions to the HIPC Trust Fund
agree not to accept additional market-rate loans during a
``time out on new debt'' moratorium. The moratorium for 24
months, instead of 30 months as proposed by the House, would
apply only to new lending from MDBs whose bad loans to the
beneficiary poor country are being paid off by the HIPC Trust
Fund.
The managers have not included a House provision that would
have established a similar moratorium for 9 months with
regard to concessional or ``soft'' loans. The managers have
included bill language requiring that the Secretary of the
Treasury include a listing of all concessional loans that are
under consideration by multilateral development banks for
each HIPC beneficiary country. The extent and amount of
proposed new debt will be a factor as the Committees consult
with Treasury regarding the specific use of funds provided
for forgiveness of old debt. The managers agree with the
policy with regard to HIPC, issued by the Development
Committee of the IMF and World Bank at recent meetings in
Prague, that: ``further restraint on concessional lending may
also be warranted, including through greater recourse to
grant financing.'' The matter of new concessional lending to
HIPC beneficiaries is addressed in bill language under the
heading ``Contribution to the International Development
Association (IDA)''.
The conferees encourage all bilateral creditors to provide
debt reduction to heavily indebted poor countries and that
special consideration be given to the unique circumstances of
selected bilateral creditors such as Costa Rica.
The managers have also included language proposed by the
House that prohibits U.S. payments to the HIPC Trust Fund for
certain countries.
The limitation affects any country credibly reported to be
engaged in a pattern of gross violations of internationally
recognized human rights or to be engaged in a war or civil
conflict that undermines its ability to comply with HIPC
conditions. The Senate amendment did not address these
matters.
The conferees have included a provision that requires the
Secretary of the Treasury to consult with the Committees on
Appropriations concerning which countries and international
financial institutions are expected to benefit from a United
States contribution to the HIPC Trust Fund administered by
the World Bank during the fiscal year, and to inform the
Committees not less than fifteen days in advance of the
signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries
and institutions. It is the understanding of the conferees
that the Secretary of the Treasury will update the list of
countries and institutions if new countries or institutions
are expected to benefit from U.S. contributions to the HIPC
Trust Fund during the fiscal year, and that such updating
will be provided in advance of informing the Committees of
the proposed signature of an agreement to make payments to
the HIPC Trust Fund with respect to any such new country or
institution.
The conference agreement further requires full
documentation of any commitment by a HIPC beneficiary country
regarding redirection of domestic resources to additional
poverty alleviation and economic growth measures, as proposed
by the House. The Committees will closely monitor the
implementation of such commitments, taking into account the
findings of the Department of the Treasury, religious groups
that have advocated the HIPC initiative and knowledgeable
non-governmental organizations.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement appropriates $55,000,000 as
proposed by the Senate instead of $47,250,000 as proposed by
the House. The conference agreement also contains House
language not in the Senate amendment that provides that up to
$1,000,000 may be available until expended.
The conference agreement includes House language that
provides that Expanded International Military Education and
Training (E-IMET) for Indonesia is subject to notification,
and Senate language that provides that Expanded IMET for
Guatemala is subject to notification.
The conference agreement does not include House language
that conditioned funding for the School of the Americas upon
certifications by the Secretary of Defense and the Secretary
of State, or that imposed certain reporting requirements. The
Senate amendment did not address these matters. The managers
note that the relevant authorizing committees are addressing
the future status of the School of the Americas as part of
H.R. 4205, the National Defense Authorization Act for Fiscal
Year 2001.
As part of the increase in funding for this account, the
managers would support increasing the allocation for Malta
from $100,000 to $200,000 for fiscal year 2001 in order to
support that country's needs for the professional training of
its armed forces.
The managers support and urge the Departments of State and
Defense to favorably consider $150,000 from this account for
development for a peacekeeping initiative at the Naval
Postgraduate School. This education program would focus on
the creation of a security environment within which economic
and political development can accelerate, thereby
facilitating the withdrawal of United States and/or other
peacekeeping forces. The program would eventually provide
foreign civilians and military personnel with the specialized
expertise, problem-solving skills and management tools to
conduct peacekeeping operations that have an exit strategy.
Foreign Military Financing Program
The conference agreement appropriates $3,545,000,000
instead of $3,519,000,000 as proposed by the Senate and
$3,268,000,000 as proposed by the House.
The conference agreement includes Senate language that
provides not less than $1,980,000,000 for grants for Israel
and not less than $1,300,000,000 for grants for Egypt,
instead of not to exceed those sums as proposed by the House.
The conference agreement also includes language that provides
that not less than $520,000,000 shall be available for
procurement in Israel of defense goods and services. The
House and Senate had similar language on this matter, but the
House bill would not have mandated this level.
The conference agreement deletes House language expressing
the Sense of Congress on the proposed Phalcon sale by Israel
to China. The managers commend the decision by the Government
of Israel to cancel the sale in view of the threat posed to
United States national security interests.
The conference agreement includes language that provides
that not less than $75,000,000 should be made available for
assistance for Jordan. The Senate amendment would have
mandated this level of assistance. The House bill did not
address this matter.
The conference agreement includes language similar to that
in the Senate amendment regarding an interest bearing account
for Egypt, except that the requirement for a notification is
replaced by language that requires that the Committees on
Appropriations be informed at least 10 days prior to the
obligation of funds earned on the interest from funds
deposited in said account. The House bill would have allowed
for the early disbursal of fiscal year 2001 outlays for
Egypt.
The conference agreement includes not less than $8,500,000
for Tunisia, of which not less than $5,000,000 shall be from
drawdowns of defense articles, services, and education and
training. The Senate amendment provided $10,000,000 and
$4,000,000, respectively, for these activities. The House
bill did not address this matter.
The conference agreement provides that not less than
$8,000,000 shall be provided for Georgia, of which not less
than $4,000,000 shall be from drawdowns of defense articles,
services, and education and training. The Senate amendment
mandated $12,000,000 and $5,000,000, respectively, for these
activities. The House bill did not address this matter. The
conference agreement also includes language that allocates
$3,000,000 in grant funds for Malta.
The conference agreement does not include Senate language
that would have authorized the transfer by Turkey to Georgia
of not to exceed $10,000,000 in defense articles sold by the
United States to Turkey. The House bill did not address this
matter.
The conference agreement provides for a limitation of
$33,000,000 for administrative expenses as proposed by the
Senate, rather than $30,495,000 as proposed by the House. It
also includes House language that provides that no
Partnership for Peace funds may be made available to a non-
NATO country except through the regular notification
procedures of the Committees on Appropriations.
Peacekeeping Operations
The conference agreement appropriates $127,000,000 instead
of $117,900,000 as proposed by the House and $85,000,000 as
proposed by the Senate.
The managers urge the State Department to provide support
to the Special War Crimes Court for Sierra Leone, to bring to
justice those responsible for the mutilation and slaughter of
innocent people there.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
International Financial Institutions
Global Environment Facility (GEF)
The conference agreement appropriates $108,000,000 for the
Global Environment Facility instead of $50,000,000 as
proposed by the Senate and $35,800,000 as proposed by the
House.
Contribution to the International Development Association
The conference agreement appropriates $775,000,000 instead
of $750,000,000 as proposed by the Senate and $566,600,000 as
proposed by the House.
The managers have agreed to language, similar to that
proposed by the House, regarding the provision of grant
assistance by the International Development Association to
HIPC beneficiaries. The managers endorse Senate report
language concerning the need for further reform of procedures
to address employee grievances at the World Bank, IMF, and
other financial institutions.
Contribution to the Multilateral Investment Guarantee Agency
The conference agreement appropriates $10,000,000 for paid-
in capital issued by the Multilateral Investment Guarantee
Agency,
[[Page H10785]]
instead of $4,000,000 as proposed by the Senate and
$4,900,000 as proposed by the House. Approval for
subscription to the appropriate amount of callable capital is
also included in the conference agreement.
Contribution to the Inter-American Investment Corporation
The conference agreement appropriates $25,000,000 for the
United States contribution to the Inter-American Investment
Corporation, instead of $10,000,000 as proposed by the Senate
and $8,000,000 as proposed by the House.
Contribution to the Enterprise for the Americas Multilateral Investment
Fund
The conference agreement appropriates $10,000,000 for the
United States contribution to the Multilateral Investment
Fund (MIF) at the Inter-American Development Bank, as
proposed by the House. The Senate did not address this
matter.
The MIF was intended to be a cutting-edge instrument for
expanding the private sector's contribution to growth in
Latin America. The managers request the Secretary of the
Treasury to prepare and submit to the Committees by April 6,
2001, an in-depth report on the MIF prepared by private
sector entrepreneurs from the U.S. and Latin America. The
report should evaluate the portfolio of the MIF with respect
to private sector growth, including, but not limited to, the
status of project execution and value added, and include
strategic recommendations for achieving greater impact and
expediting project selection and approval.
Contribution to the Asian Development Fund
The conference agreement appropriates $72,000,000 for the
Asian Development Fund, as proposed by the House, instead of
$100,000,000 as proposed by the Senate.
Contribution to the African Development Bank
The conference agreement appropriates $6,100,000 for paid-
in capital issued by the African Development Bank as proposed
by the Senate, instead of $3,100,000 as proposed by the
House. Approval for subscription to the appropriate amount of
callable capital is also included in the conference
agreement.
Contribution to the African Development Fund
The conference agreement appropriates $100,000,000 for the
African Development Fund instead of $72,000,000, as proposed
by the House and the Senate.
Contribution to the European Bank for Reconstruction and Development
The conference agreement appropriates $35,778,717 for the
European Bank for Reconstruction and Development, as proposed
by the House, instead of $35,779,000, as proposed by the
Senate. Approval for subscription to the appropriate amount
of callable capital is also included in the conference
agreement.
International Fund for Agricultural Development
The conference agreement appropriates $5,000,000 for the
International Fund for Agricultural Development (IFAD), as
proposed by the House. The Senate included a total of
$5,000,000 for IFAD within the ``International Organizations
and Programs'' and ``Development Assistance'' accounts.
International Organizations and Programs
The conference agreement provides $186,000,000, instead of
$183,000,000 as proposed by the House and $288,000,000 as
proposed by Senate. The final appropriation level does not
include $110,000,000 provided for UNICEF, and up to
$50,000,000 for the Global Alliance for Vaccines and
Immunization (GAVI), which are included under the ``Child
Survival and Disease Programs Fund'' account and $2,500,000
for IFAD, which is included under the prior heading.
The conference agreement continues current law indicating
that $5,000,000 should be made available for the World Food
Program, as proposed by the House. The Senate amendment
included similar language.
The managers support $5,000,000 from this account for the
United States contribution to the United Nations Voluntary
Fund for Victims of Torture Program, as recommended in the
Senate Report, and $90,000,000 for the United Nations
Development Program, as recommended in the House Report.
TITLE V--GENERAL PROVISIONS
(Note--If House and Senate language is identical except for
a different section number or minor technical differences,
the section is not discussed in the Statement of Managers.)
Sec. 505. Limitation on Representational Allowances
This section retains reference to the Inter-American
Foundation as proposed by the House and as contained in
current law. The Senate amendment proposed deleting this
reference.
Sec. 508. Military Coups
The conference agreement includes House language that
specifies that funds shall be prohibited for any country
whose duly elected head of government is deposed by decree or
military coup. The Senate amendment included similar
language.
Sec. 510. Deobligation/Reobligation Authority
The conference agreement deletes Senate language that would
have authorized deobligation/reobligation authority for funds
that are certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955.
Sec. 511. Availability of Funds
The conference agreement deletes House language that
provided that the final proviso under title VI of the fiscal
year 2000 appropriations Act for foreign operations, export
financing, and related programs shall be null and void.
Similar language is already contained in Public Law 106-52.
Sec. 512. Limitation on Assistance to Countries in Default
The conference agreement is the same as current law, as
proposed by the House. The Senate proposed to restrict the
limitation to a defaulting government instead of a defaulting
country.
Sec. 515. Notification Requirements
The conference agreement is the same as current law. The
Senate proposed a technical change.
Sec. 517. Independent States of the Former Soviet Union
The conference agreement is the same as current law, except
that the special notification requirement applies to Russia,
Ukraine, Armenia, and Georgia only. The House bill deleted a
current provision relating to territorial integrity and
required special notification for Russia and Ukraine only.
The Senate amendment was essentially the same as current law.
Sec. 520. Special Notification Requirements
The conference agreement adds ``Ethiopia'', ``Eritrea'',
and ``Zimbabwe'' as proposed by the House bill and retains
``Pakistan'' as proposed by the Senate amendment, to the list
of countries subject to the special notification procedures
of this section. The managers are encouraged that on June 8,
2000, a cease-fire agreement was signed by Ethiopia and
Eritrea and that efforts are underway to reach a permanent
settlement of the border conflict.
Sec. 522. Child Survival and Disease Prevention Activities
The conference agreement authorizes AID to use $16,000,000
from the ``Child Survival and Disease Programs Fund'' for
technical experts from other government agencies,
universities, and other institutions. The Senate proposed
$10,000,000 and the House $10,500,000 for this purpose. The
managers have increased this authority on an interim basis in
order to accelerate implementation of the expanded HIV/AIDS
and tuberculosis activities. AID is directed to replace the
additional temporary personnel as rapidly as possible with
AID direct hire OE-funded personnel. As the purpose of the
general provision is to support effective implementation
of the Child Survival and Disease Programs Fund, the
conference agreement does not include a reference to
family planning, as proposed by the Senate.
Sec. 525. Authorization Requirement
The conference agreement includes language that provides
that funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of
1956, as provided in the House bill and the Senate amendment.
However, it includes new language exempting the accounts
``International Military Education and Training'' and
``Foreign Military Financing Program'' from these waivers.
Authorizations of appropriations for these accounts have been
enacted into law as part of Public Law 106-280.
Sec. 526. Democracy in China
The conference agreement includes Senate language that
authorizes the use of funds from the account ``Economic
Support Fund'' for the support of nongovernmental
organizations located outside of China to foster democracy
and rule of law. The House bill only authorized funds to
foster democracy.
The conference agreement includes language that allows
funds from this Act or from prior acts making appropriations
for Foreign Operations, Export Financing, and Related
Programs, that are made available for the National Endowment
for Democracy (NED) to be made available notwithstanding any
other provision of law or regulation. The purpose of this
language is to allow for the expeditious and orderly
obligation of funds through the Endowment for support of
nongovernmental organizations overseas. This provision would
become effective upon enactment. The House bill and the
Senate amendment contained language that would have made
funds for NED available consistent with certain decisions of
the Comptroller General and in accordance with Office of
Management and Budget Circular A-122.
The conference agreement includes language that authorizes,
notwithstanding any other provision of law, not to exceed
$2,000,000 from the Economic Support Fund to support certain
activities in Tibetan communities. The House bill contained
similar language; the Senate amendment did not address this
matter.
The conference agreement also contains House language that
amends current law to make available $1,000,000 in previously
appropriated funds for the Jamestown Foundation for a project
to disseminate information and support research about the
People's Republic of China. The Senate amendment did not
address this matter.
Sec. 528. Report on the Implementation of Supplemental
Appropriations
The conference agreement includes House language that
requires four quarterly reports on the use of funds
appropriated under title VI of the fiscal year 2000
appropriations Act for foreign operations, export financing,
and
[[Page H10786]]
related programs. The Senate amendment did not address this
matter.
Sec. 530. Peru
The conference agreement includes language requiring the
Secretary of State to determine and report to the Committees
on Appropriations regarding progress toward elections and
improvements in democracy and rule of law. The Senate
amendment contained a similar provision. The House bill did
not address this matter. The managers direct the Secretary of
State to submit a report to the Committees on Appropriations
not later than 30 days after the date of enactment of this
Act, evaluating United States, political, economic, and
military relations with Peru in accordance with P.L. 106-186.
Sec. 535. Authorities for the Peace Corps, International Fund
for Agricultural Development, Inter-American Foundation,
and African Development Foundation
The conference agreement maintains current law as proposed
by the House. The Senate amendment proposed deleting the
reference to the Inter-American Foundation.
Sec. 537. Clean Coal Technology
The conference agreement includes Senate language
encouraging the use of clean coal technology in environmental
and energy infrastructure programs, projects and activities.
In addition, the managers encourage the Secretary of the
Treasury, Secretary of State, Secretary of Energy and
Administrator of the Agency for International Development to
promote the use of other clean and renewable energy
technologies. The House bill did not address this matter.
Sec. 538. Special Authorities
The conference agreement deletes prior year language
proposed by the Senate that exempts humanitarian assistance
for Romania and the peoples of Kosova from any other
provision of law. This language is no longer necessary. The
conference agreement also includes House language that adds
``Economic Support Fund'' to the list of accounts under which
certain activities may be undertaken notwithstanding any
other provision of law.
The managers have expanded authority in current law
regarding AID's use of personal services contractors in
Washington so that additional bureaus and offices within AID
may utilize, on a temporary basis, such contractors. This
authority is intended to allow AID to meet relatively short-
term requirements for technical and management personnel in
limited situations where natural disasters, recent foreign
policy decisions, or other unforeseen events result in rapid
increases in assistance levels and where other options, such
as the use of existing staff or hiring and training of new
staff, cannot be implemented quickly or effectively to meet
the unforeseen management needs. Other than under exceptional
circumstances, this authority should not be used to satisfy
requirements with durations greater than two years. The
Bureau of Management is directed to report to the Committees
not later than December 15, 2000, and March 15, 2001, on the
use of personal service contractors under this and other
authorities.
Sec. 539. Policy on Terminating the Arab League Boycott of
Israel and Normalizing Relations with Israel
The conference agreement includes House language on this
matter. The Senate amendment did not include subsections (2)
and (3) of the House general provision, dealing with the
decision by the Arab League to reinstate the boycott of
Israel in 1997, and calling on the League to immediately
rescind its decision; and deleted language from subsection
(4)(C) regarding a report on the specific steps that should
be taken by the President to ``expand the process of
normalizing ties between Arab League countries and Israel''.
Sec. 540. Administration of Justice Activities
The conference agreement contains language identical to
current law, but changes the name of this section, as
proposed by the House bill. The Senate amendment proposed
repeal of parts of section 534 of the Foreign Assistance Act.
Sec. 541. Eligibility for Assistance
The conference agreement includes language regarding
eligibility of assistance provided under this Act as proposed
by the House bill. The conference agreement does not include
a modification, as proposed in the Senate amendment,
regarding the prohibition on assistance to countries that
violate internationally recognized human rights.
Sec. 543. Ceilings and Earmarks
The conference agreement includes Senate language that
restores prior year language regarding earmarks and minimum
funding levels. The House bill did not address this matter.
Sec. 552. War Crimes Tribunals Drawdown
The conference agreement includes language proposed by the
Senate that provides a sunset date of September 30, 2001, for
certain reports required of the Secretary of State under this
section.
Sec. 555. Prohibitions on Payment of Certain Expenses
The conference agreement includes language identical to
current law, as proposed by the House. The Senate amendment
deleted references to the ``Child Survival and Disease
Programs Fund''.
Sec. 558. Assistance for Haiti
The conference agreement includes language similar to that
proposed by the House which prohibits additional assistance
to the central government of Haiti until the Committees on
Appropriations are in receipt of reports regarding free and
fair elections and regarding Haitian government cooperation
in illicit drug trafficking. The Senate amendment placed
conditions on aid to Haiti regarding free and fair elections,
but did not address illicit drug trafficking. The managers do
not intend that assistance to combat infectious diseases,
child survival, support for regional and municipal
governments, and partnerships between United States
hospitals, universities, non-governmental organizations and
counterparts in Haiti would be affected by this section.
Sec. 559. Requirement for Disclosure of Foreign Aid in Report
of Secretary of State
The conference agreement includes language proposed by the
Senate that makes a technical modification to current law.
Sec. 561. Haiti Coast Guard
The conference agreement includes language proposed in the
House bill regarding the purchase of defense goods and
articles by Haiti for its Coast Guard. The Senate amendment
proposed allowing the Haitian National Police to be eligible
to purchase these items.
Sec. 564. Restrictions on Assistance to Countries Providing
Sanctuary to Indicted War Criminals
The conference agreement includes Senate language that adds
assistance for refugees and internally displaced persons to
the exemptions to the sanctions of this section, and Senate
language regarding communities in which an indicted war
criminal is residing.
Sec. 565. Discrimination Against Minority Religious Faiths in
the Russian Federation
The conference agreement changes the title of this section,
as proposed in the Senate amendment. The House bill proposed
the title, ``To Prohibit Foreign Assistance to the Government
of the Russian Federation Should It Enact Laws Which Would
Discriminate Against Minority Religious Faiths in the Russian
Federation''.
Sec. 568. Assistance for the Middle East
The conference agreement contains language similar to the
House bill that imposes a spending ceiling of $5,241,150,000
on specified assistance for the Middle East. The Senate
amendment did not address this matter.
Sec. 571. Foreign Military Training Report
The conference agreement includes House language requiring
a joint report by the Secretary of State and the Secretary of
Defense on all overseas military training (excluding military
sales) provided to non-NATO foreign military personnel under
programs administered by the Departments of Defense and State
during 2000 and 2001, including those proposed for 2001. The
language specifies the scope of the report, and allows for a
classified annex, if deemed necessary and appropriate. The
report shall be due no later than March 1, 2001. The Senate
amendment did not address this matter.
Sec. 572. Korean Peninsula Energy Development Organization
The conference agreement includes House language on this
matter, except that the ceiling on funding for the Korean
Peninsula Economic Development Organization (KEDO) is
$55,000,000 rather than $35,000,000 as in the House bill and
the Senate amendment. The House language conditions funding
for KEDO on a certification that (1) the parties to the
Agreed Framework have taken and continue to take demonstrable
steps to implement the Joint Declaration on Denuclearization
of Korea; (2) the parties have taken and continue to take
demonstrable steps to pursue the North-South dialogue; (3)
North Korea is complying with all provisions of the Agreed
Framework; (4) North Korea has not significantly diverted
assistance for purposes for which it was not intended; (5)
there is no credible evidence North Korea is seeking to
develop or acquire the capability to enrich uranium, or any
additional capability to reprocess spent nuclear fuel; (6)
North Korea is complying with its obligations regarding
access to suspect underground construction; (7) there is no
credible evidence North Korea is engaged in a nuclear weapons
program, including efforts to acquire, develop, test,
produce, or deploy such weapons, and (8) the United States is
continuing to make significant progress on eliminating the
North Korean ballistic missile threat, including further
missile tests and its ballistic missile exports.
The language allows for the President to waive the
certification requirements of this section if he determines
that it is vital to the national security interests of the
United States, 30 days after a written submission to the
appropriate congressional committees. It also requires a
report from the Secretary of State on the fiscal year 2002
budget request for KEDO, with certain specified information
to be included in such report.
The Senate amendment contained similar language.
Sec. 573. African Development Foundation
The conference agreement provides that funds to grantees of
the Foundation may be invested pending expenditure and that
interest earned must be used for the same purpose for which
the grant was made. Further, this section allows the
Foundation's board of directors, in exceptional
circumstances, to waive the existing $250,000 project
limitation, subject to reporting to the Committees on
Appropriations.
Sec. 575. Iraq Opposition
The conference agreement contains language similar to that
contained in title II of
[[Page H10787]]
the Senate amendment specifying that not less than
$25,000,000 from the account ``Economic Support Fund'' shall
be made available for programs benefiting the Iraqi people,
including not less than $12,000,000 which should be provided
for certain specified humanitarian assistance, and not less
than $6,000,000 which should be provided to the Iraq National
Congress Support Foundation or the Iraqi National Congress
for radio and television broadcasting inside Iraq. It also
states that the President should submit a plan within 60 days
of enactment regarding the use of the funds recommended in
this section. The House bill did not address this matter.
The managers strongly support assistance for Kurdish Human
Rights Watch for its programs to provide humanitarian
assistance to the Kurdish people in northern Iraq.
The conference agreement also includes language similar to
that in the House bill that provides authority to use funds
to support efforts to bring about political transition in
Iraq, to be made available only to Iraqi opposition groups
designated under the Iraq Liberation Act, and not to exceed
$2,000,000 to be made available for groups and activities
seeking the prosecution of Saddam Hussein and other Iraqi
officials for war crimes. No funds may be made available for
administrative costs of the Department of State. The Senate
amendment did not address this matter.
Sec. 576. Agency for International Development Budget
Justification
The conference agreement instructs the Agency for
International Development to submit its 2002 budget in a
transparent and simplified format more useful to the
Committees, as proposed by the House. In particular, the
budget justification document should prominently display data
and narratives aggregating resources obligated or requested
for all Agency-managed programs and activities that are
traditionally of special interest to Congress and the
Executive branch. The Senate did not address this matter.
Sec. 577. Kyoto Protocol
The conference agreement prohibits funds in this Act to be
used to propose or issue rules, regulations, decrees, or
orders for the purpose of implementation, or preparation for
implementation of the Kyoto Protocol, as proposed by the
Senate.
Sec. 579. Indonesia
The conference agreement provision regarding military
assistance to Indonesia is similar to current law. The House
bill and the Senate amendment included identical conditions
under which a Presidential report and determination could
result in a resumption of military assistance to Indonesia
that is funded in this bill. The restrictions on assistance
include both IMET and Foreign Military Financing programs,
instead of FMF only, as proposed by the House bill.
The managers are concerned about the more than 100,000 East
Timorese refugees still trapped in West Timor. This severe
humanitarian situation has been exacerbated by ongoing
harassment of aid workers by armed gangs, and recurring
border incursions into East Timor by West Timor-based
militias. These attacks have resulted in the deaths of
several UN aid workers, as well as refugees. The managers
strongly urge the Secretaries of Defense and State to press
the government of Indonesia to fulfill its commitments to
disarm and disband militia groups, end military and financial
support for these groups, and bring militia leaders to
justice. The managers note that, as provided in this section,
resumption of security assistance to Indonesia is
conditioned, in part, on the armed forces of Indonesia
providing safe passage to refugees returning from West Timor.
Sec. 580. Man and the Biosphere
The conference agreement prohibits funds for the United
Nations Man in the Biosphere Program and the World Heritage
Fund, as proposed by the House bill. The Senate did not
address this matter.
Sec. 581. Taiwan Reporting Requirement
The conference agreement includes language that requires
that not less than 30 days prior to the next round of arms
talks between the United States and Taiwan, the President
shall consult, on a classified basis, with appropriate
Congressional leaders and committee chairmen and ranking
members regarding the following matters: (1) Taiwan's
requests for purchase of defense articles and defense
services during the pending round of arms talks; (2) the
Administration's assessment of the legitimate defense needs
of Taiwan in light of those requests; and (3) the decision-
making process used by the Executive Branch to consider those
requests. The House bill and the Senate amendment contained
language requiring the Secretary of State to consult with the
appropriate committees and leadership of Congress to devise a
mechanism to provide for Congressional input prior to making
any determination on the sale or transfer of defense articles
and services to Taiwan.
Sec. 582. Restriction on United States Assistance for Certain
Reconstruction Efforts in Central Europe
The conference agreement contains House language that
provides that to the maximum extent possible, assistance to
Eastern Europe and the Baltic States should be used for the
procurement of American goods and services. The Senate
amendment did not address this matter.
Sec. 583. Restrictions on Assistance to Governments
Destabilizing Sierra Leone
The conference agreement prohibits assistance to any
government for which the Secretary of State has credible
evidence that such government has, within the previous six
months, provided military support or which has assisted
illicit diamond trading which benefits the Revolutionary
United Front in Sierra Leone. This section is identical to
the House bill. The Senate amendment did not address this
matter.
Sec. 584. Voluntary Separation Incentives
The conference agreement provides for the payment of
voluntary separation incentives to AID employees for the
purpose of eliminating positions and functions at AID, as
proposed by the House bill and the Senate amendment.
Sec. 585. Contributions to the United Nations Population Fund
As proposed by the House bill, the conference agreement
provides that not more than $25,000,000 from the
``International Organizations and Programs'' account shall be
made available for the United Nations Fund for Population
Activities. This assistance is subject to a number of
conditions regarding UNFPA activities. The Senate amendment
contained a similar provision.
Sec. 586. Indochinese Parolees
The conference agreement includes language similar to the
Senate amendment which provides authority for the Attorney
General to adjust the status of certain Indochinese parolees
to lawful permanent residence. The House bill did not address
this matter.
The purpose of this provision is to address an anomaly in
current law, which requires that such persons have first been
denied refugee status in order to be eligible to adjust
status. Since these individuals were paroled into the United
States as part of U.S. government programs at a time when
their eligibility for refugee status was never considered,
the managers believe that this provision is both necessary
and appropriate. The provision is limited in scope to apply
only to parolees who are natives or citizens of Vietnam, Laos
or Cambodia, who were inspected and paroled into the United
States prior to October 1, 1997, and who are otherwise
eligible to receive an immigrant visa. The managers note that
the potential beneficiaries of this provision are a fixed
number of individuals who were lawfully admitted into the
United States. While the conference agreement includes a
ceiling on the number of aliens who may benefit from this
provision, the managers recognize that it is difficult to
determine precisely the number of potential beneficiaries and
that such number may need to be revised in the future to
ensure that no eligible alien is arbitrarily denied
adjustment of status.
Sec. 587. American Churchwomen in El Salvador
The conference agreement includes language regarding the
murder of four American churchwomen in El Salvador, as
proposed in the House bill. The Senate amendment did not
address this matter.
Sec. 588. Procurement and Financial Management Reform
The conference agreement includes a Senate provision
withholding 10 percent of the funds made available for
international financial institutions until the Secretary of
the Treasury certifies that a number of procurement and
financial management reforms are being implemented. The House
bill included a similar provision, adding a requirement
relating to funding of third-party procurement monitoring.
The conference agreement includes a provision that requires
that, prior to disbursement of the final 10 percent of the
United States portion or payment to an international
financial institution as defined in section 588, the
Secretary of the Treasury certify, inter alia, that the
institution is taking steps to establish an independent fraud
and corruption investigative organization or office or an
equivalent mechanism.
The managers agree that, for purposes of this provision, an
investigatory organization, office, or equivalent
investigatory mechanism will be considered ``independent,''
notwithstanding the fact that it is part of the international
financial institution, if it is autonomous from the
institution's procurement process and the office or
individual being investigated and reports directly to the
head of the institution or his designee, so long as such
designee has no operational or supervisory responsibilities
for the subject of the investigation.
Sec. 589. Commercial Leasing of Defense Articles
The conference agreement includes Senate language that
authorizes commercial leasing rather than sales of defense
articles for certain specified countries under certain
conditions. The House bill did not address this matter.
Sec. 590. Foreign Military Expenditures Report
The conference agreement repeals section 511(b) of 1993
Foreign Operations, Export Financing, and Related
Appropriations Act regarding matters to be included in the
annual human rights report to Congress by the Secretary of
State, as proposed by the Senate. The House bill did not
address this matter.
The managers request that the Secretary of the Treasury
submit a one-time report to the Committees on Appropriations
which describes steps being taken to implement section 576 of
the 1997 Act and section 1502(b) of title XV of the
International Financial Institutions Act, both of which
address appropriate levels of military expenditures by
[[Page H10788]]
countries in receipt of loans or credits from MDBs. The
report shall identify, among other things--(1) the countries
found not to be in compliance with the provisions of section
576 and instances where the United States Executive Director
has voted to oppose a loan as a result of that section; (2)
steps taken by the governments of countries to establish the
reporting systems addressed in section 576; (3) any instances
in which such governments have failed to provide information
requested by an international financial institution (IFI);
and (4) any policy changes that have been made by the IFIs
with regard to providing loans or credits to countries that
expend a significant portion of their financial resources for
their armed and security forces. The Senate included this
report in bill language. The House did not address the
matter.
Sec. 591. Abolition of the Inter-American Foundation
The conference agreement provides authority for the
President to abolish the Inter-American Foundation and
terminate its functions, as proposed by the Senate amendment.
The House bill did not address this matter.
Sec. 592. Repeal of Requirement for Annual GAO Report on the
Financial Operations of the International Monetary Fund
The conference agreement repeals existing law regarding an
annual General Accounting Office report of the financial
operations of the International Monetary Fund. The House bill
did not address this matter.
Sec. 593. Extension of GAO Authorities
The conference agreement provides that funds made available
to the General Accounting Office from fiscal year 1999
emergency supplemental appropriations for disaster relief in
Central America and the Caribbean shall remain available
until expended. This section is identical to the Senate
amendment. The House bill did not address this matter.
Sec. 594. Funding for Serbia
The conference agreement includes language that authorizes
up to $100,000,000 for assistance for Serbia, subject to
certain conditions that become effective after March 31,
2001. Funds obligated prior to that date would not be subject
to these conditions.
The conditions include a determination and certification
that the Government of the Federal Republic of Yugoslavia
(FRY) is--
(1) cooperating with the International Criminal Tribunal
for Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security, and
other support which has served to maintain separate Republika
Srpska institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
In addition, after March 31, 2001, the language provides
that the Secretary of the Treasury should instruct the United
States executive directors to international financial
institutions to support loans and assistance to the
Government of the FRY subject to these same conditions.
The conditions described above do not apply to Montenegro,
Kosova, humanitarian assistance, or assistance to promote
democracy in municipalities.
The language also provides that the Secretary of State
should instruct United States representatives to regional and
international organizations to support membership for the
Government of the FRY subject to a determination by the
President to the Committees on Appropriations that the FRY
has applied for membership on the same basis as the other
successor states to the FRY and has taken appropriate steps
to resolve issues related to state liabilities, assets, and
property.
The House bill (in section 537) and the Senate amendment
would have prohibited assistance for Serbia, except for aid
to Kosova or Montenegro or to promote democracy.
Sec. 595. Forest Initiative.
The conference agreement includes a provision providing for
an exchange of federal lands and an audit of a public
enterprise. This matter was not addressed in the House bill
or the Senate amendment.
Sec. 596. User Fees
The conference agreement includes a provision which
requires the United States Executive Directors at all
multilateral development banks and the International Monetary
Fund to oppose any loan which requires user fees or service
charges on poor people for primary education or primary
health care. The managers further agree that user fees should
not be imposed or required through Bank or Fund sponsored
``community financing,'' ``cost sharing,'' or ``cost
recovery'' mechanisms prepared in conjunctions with loans,
structural adjustment schemes or debt relief actions.
The managers direct that the Committees on Appropriations
be notified within 10 days if any loans, community financing,
cost sharing, or cost recovery mechanisms requiring the
imposition of user fees are approved by any multilateral
development bank or the International Monetary Fund.
Sec. 597. Basic Education Assistance for Pakistan
The conference agreement includes a new provision allowing
development assistance or Economic Support Funds to be used
for basic education programs in Pakistan, notwithstanding any
provision of law that restricts assistance to foreign
countries. Any such assistance would be subject to the
regular notification procedures of the Committees on
Appropriations.
Sec. 598. Family Planning
The conference agreement provides a ceiling of $425,000,000
for population planning activities or other population
assistance but prohibits any of such funds from being
obligated or expended until February 15, 2001. The managers
believe this will afford adequate time for the exercise of
the authority of the President under the Foreign Assistance
Act and other law to determine what terms and conditions, if
any, should be imposed on assistance for population planning
and other population activities.
PROVISIONS NOT ADOPTED BY THE CONFEREES:
The conference agreement does not include section 530 of
the House bill or similar Senate language that would have
prohibited the transfer of Stinger missiles to countries
bordering the Persian Gulf notwithstanding any other
provision of law, but would have authorized the transfer of
Stinger missiles on a replacement basis subject to certain
specified conditions. This matter has been addressed by the
authorizing committees in H.R. 4919, the Security Assistance
Act of 2000.
The conference agreement does not include section 577 of
the Senate amendment regarding stockpiling of defense
articles in foreign countries. This matter has been addressed
by the authorizing committees in H.R. 4919, the Security
Assistance Act of 2000. The House bill did not address this
matter.
The conference agreement does not include section 581 of
the Senate amendment providing authority to establish a
working capital fund at the Agency for International
Development. This matter has been addressed in separate
legislation. The House bill did not address this matter.
The conference agreement does not contain section 582 of
the Senate amendment that would have deemed the Federal
Republic of Yugoslavia (with the exception of Montenegro and
Kosova) to be a state sponsor of terrorism until receipt of a
Presidential certification of certain occurrences within
Serbia. The House bill did not address this matter.
The conference report does not include section 584 of the
Senate amendment that would have required that a number of
specified sanctions against Serbia remain in place until a
certification was issued by the President. The certification
would have required that Serbia comply with a number of
international agreements, and provided an exemption for
Montenegro and Kosova for the sanctions imposed through
international financial institutions. The House bill did not
address this matter.
The conference agreement does not include section 586 of
the Senate amendment regarding the repeal of the final
proviso under title VI of the fiscal year 2000 appropriations
act for foreign operations, export financing, and related
programs. This matter was addressed in Public Law 106-52.
The conference agreement does not include section 588 of
the House bill regarding HIPC Trust Fund conditions. The
Senate amendment did not address this matter. The conference
agreement includes conditions for United States participation
in the HIPC Trust Fund under ``Debt Restructuring'' in title
II.
The conference agreement does not include section 589 of
the House bill. The Senate amendment did not address this
matter.
The conference agreement does not include section 591 of
the House bill regarding section 307 of the Tariff Act of
1930. The Senate amendment did not address this matter.
The conference agreement does not include section 592 of
the House bill regarding the ``Buy America Act''. The Senate
amendment did not address this matter.
The conference agreement does not include section 592 of
the Senate amendment regarding the U.S.-Asia Environmental
Partnership. The House bill did not address this matter.
The conference agreement does not include section 593 of
the House bill regarding North Korea. The Senate amendment
did not address this matter.
The conference agreement does not include section 595 of
the Senate amendment regarding nonproliferation and
antiterrorism programs. The House bill did not address this
matter.
The conference agreement does not include section 596 of
the Senate amendment regarding HIV/AIDS. The House bill did
not address this matter.
The conference agreement does not include section 597 of
the Senate amendment regarding Sudan. The House bill did not
address this matter.
The conference agreement does not include section 599 of
the Senate amendment regarding Zimbabwe. The House bill did
not address this matter.
The conference agreement does not include section 599A of
the Senate amendment regarding Estonia, Latvia and Lithuania.
The House bill did not address this matter.
The conference agreement does not include section 599B of
the Senate amendment regarding dowry deaths and honor
killings. The House bill did not address this matter.
The conference agreement does not include section 599C of
the Senate amendment regarding female genital mutilation. The
House
[[Page H10789]]
bill did not address this matter. The managers address the
issue under ``Development Assistance''.
The conference agreement does not include section 599D of
the Senate amendment regarding support by the Russan
Federation for Serbia. The House bill did not address this
matter. Issues relating to Serbia are addressed in section
597.
The conference agreement does not include section 599E of
the Senate amendment regarding Bulgaria and Romania. The
House bill did not address this matter.
The conference agreement does not include section 599F of
the Senate amendment regarding drug interdiction. The House
bill did not address this matter.
The conference agreement does not include section 599G of
the Senate amendment regarding emergency domestic spending.
The House bill did not address this matter.
The conference agreement does not include section 599H of
the Senate amendment regarding Mozambique and southern
Africa. The House bill did not address this matter. The
matter is addressed in title VI.
The conference agreement does not include section 599I of
the Senate amendment regarding debt relief. The House bill
did not address this matter.
The conference agreement does not include section 599J of
the Senate amendment entitled ``Russian Missile Sales to
China''. However, the managers expect the Secretary of the
Treasury to urge the executive directors of all international
financial institutions to use the voice and vote of the
United States to oppose loans, credits or guarantees to the
Russian Federation, except for basic human needs, if the
Russian Federation delivers any additional SS-N-22 missiles
or components to the People's Republic of China. The House
bill did not address this matter.
The conference agreement does not include section 599K of
the Senate amendment regarding international health. The
House bill did not address this matter.
TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Agency for International Development
International Disaster Assistance
The conference agreement appropriates $135,000,000 for
emergency supplemental appropriations for Mozambique,
Madagascar, and southern Africa rehabilitation and
reconstruction. The House bill proposed $160,000,000 and the
Senate amendment proposed $35,000,000. Congress has already
provided $25,000,000 in fiscal year 2000 supplemental funds
(Public Law 106-246) for this purpose. These funds are
provided in the ``International Disaster Assistance''
account. All of these funds are made available only to the
extent that the President makes an official budget request
that includes designation of the entire amount as an
emergency requirement.
The managers direct that the majority of funds be provided
for Mozambique and Madagascar, which suffered the most damage
from these cyclones and the resultant flooding. The managers
direct that no funds be made available to the government of
Zimbabwe. Further, the conference agreement prohibits the use
of funds under this title for nonproject assistance. This
prohibition is not intended to affect the accelerated
disbursement plan developed by AID for local currency
projects in Mozambique. The conference agreement allows up to
$12,000,000 of the funds appropriated under this heading to
be charged to obligations of previously appropriated funds.
The conference agreement provides that up to $5,000,000 of
the funds under this heading may be used for administrative
purposes, and may be merged with AID's operating expenses
budget.
The Administrator of AID is directed to report in writing
to the Committees on Appropriations prior to the obligation
of any funds under this title. The report shall include a
detailed plan regarding a description of the projects and
programs to be carried out with these funds; the exact uses
of administrative expenses; and the bureau within AID
primarily responsible for carrying out these projects.
Funds Appropriated to the President
Operating Expenses of the Agency for International Development
The conference agreement appropriates $13,000,000 in
supplemental funds, to remain available until September 30,
2001, for the Operating Expenses of the Agency for
International Development. The funding is designated as an
emergency requirement and is intended to support the
obligation of program funds for southeast Europe. All of
these funds are made available only to the extent that the
President makes an official budget request that includes
designation of the entire amount as an emergency requirement.
The House addressed this matter in H.R. 3908, the 2000
Emergency Supplemental Appropriations Act, which passed the
House on March 30, 2000. The recommended level is the same as
that approved by the House. The Senate amendment did not
address this matter.
Other Bilateral Economic Assistance
Assistance for Eastern Europe and the Baltic States
The conference agreement appropriates $75,825,000 in
supplemental funds, to remain available until September 30,
2002, for assistance for Montenegro, Croatia, and Serbia. The
funding is designated as an emergency requirement. All of
these funds are made available only to the extent that the
President makes an official budget request that includes
designation of the entire amount as an emergency requirement.
The House addressed this matter in H.R. 3908, the 2000
Emergency Supplemental Appropriations Act, which passed the
House on March 30, 2000. The recommended level is
the $20,000,000 below the level approved by the House. The
Senate amendment did not address this matter.
MILITARY ASSISTANCE
Funds Appropriated to the President
International Military Education and Training
The conference agreement appropriates $2,875,000 in
supplemental funds, to remain available until September 30,
2002, for grants to countries of the Balkans and southeast
Europe notwithstanding section 10 of Public Law 91-672. The
funding is designated as an emergency requirement. All of
these funds are made available only to the extent that the
President makes an official budget request that includes
designation of the entire amount as an emergency requirement.
The House addressed this matter in H.R. 3908, the 2000
Emergency Supplemental Appropriations Act, which passed the
House on March 30, 2000. The recommended level is the same as
that approved by the House. The Senate amendment did not
address this matter.
Foreign Military Financing Program
The conference agreement appropriates $31,000,000 in
supplemental funds, to remain available until September 30,
2002, for grants to carry out section 23 of the Arms Export
Control Act notwithstanding section 10 of Public Law 91-672.
These funds are nonrepayable notwithstanding sections 23(b)
and 23(c) of that Act. The funding is designated as an
emergency requirement. All of these funds are made available
only to the extent that the President makes an official
budget request that includes designation of the entire amount
as an emergency requirement. The House addressed this matter
in H.R. 3908, the 2000 Emergency Supplemental Appropriations
Act, which passed the House on March 30, 2000. The
recommended level is the same as that approved by the House.
The Senate amendment did not address this matter.
DEPARTMENT OF THE TREASURY
Debt Restructuring
The conference agreement appropriates $210,000,000 in
supplemental funds, to remain available until expended under
the terms and conditions as included under this heading in
title II of the Act, for additional payments to the HIPC
Trust Fund administered by the International Bank for
Reconstruction and Development. The funding is designated as
an emergency requirement. All of these funds are made
available only to the extent that the President makes an
official budget request that includes designation of the
entire amount as an emergency requirement. The House bill and
the Senate amendment did not consider this matter, which was
requested as a Fiscal Year 2000 supplemental appropriation.
TITLE VII--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT
The conference agreement provides $5,000,000,000 for the
account established under section 3113(d) of title 31, United
States Code, to reduce the public debt.
TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND
INTERNATIONAL FINANCIAL INSTITUTIONS REFORM
The conference agreement includes language similar to that
reported by the Foreign Relations Committee as S. 3129. This
matter was not addressed by the House bill and the Senate
amendment.
Section 801 repeals the existing limitation on the
availability of earnings on profits of nonpublic gold sales
by the International Monetary Fund (IMF) and authorizes
$435,000,000 for a United States contribution to the Heavily
Indebted Poor Countries (HIPC) Trust Fund. It also requires
the Secretary of the Treasury to certify that specified
policy reforms are being implemented by the World Bank and
the IMF, or, if such certification can not be made, report on
the progress, if any, made by the Bank and Fund in adopting
and implementing such reform policies.
Section 802 seeks to strengthen procedures for monitoring
use of funds by multilateral development banks (MDBs).
Section 803 requires the Comptroller General or the Secretary
of the Treasury to make annual reports on the sufficiency of
audits of the financial operations of each MDB, actions taken
by beneficiary countries to reduce the opportunity for
bribery and corruption, and the graduation policies of IDA.
Section 804 repeals a provision of the Foreign Assistance
Act of 1961 relating to bilateral funding for international
financial institutions.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars
New budget (obligational) authority, fiscal year 2000.......$16,453,435
[[Page H10790]]
Budget estimates of new (obligational) authority, fiscal year15,829,432
House bill, fiscal year 2001.................................13,346,313
Senate bill, fiscal year 2001................................14,807,818
Conference agreement, fiscal year 2001.......................14,941,168
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2000......-1,512,267
Budget estimates of new (obligational) authority, fiscal year-888,264
House bill, fiscal year 2001...............................+1,594,855
Senate bill, fiscal year 2001................................+133,350
Sonny Callahan,
John Edward Porter,
Frank R. Wolf,
Ron Packard,
Joe Knollenberg,
Jack Kingston,
Jerry Lewis,
Roger F. Wicker,
Bill Young,
Nancy Pelosi,
Nita M. Lowey,
Jesse Jackson, Jr.,
Carolyn C. Kilpatrick,
Martin Olav Sabo,
Dave Obey,
(except for cap adjustment),
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Kit Bond,
Ted Stevens,
Patrick Leahy,
Frank R. Lautenberg,
Tom Harkin,
Barbara A. Mikulski,
Patty Murray,
Robert C. Byrd,
Managers on the Part of the Senate.
____________________
[Congressional Record: October 24, 2000 (House)]
[Page H10759-H10790]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr24oc00-120]
CONFERENCE REPORT ON H.R. 4811, FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS APPROPRIATIONS ACT, 2001
Mr. CALLAHAN submitted the following conference report and statement
on the bill (H.R. 4811) making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes:
Conference Report (H. Rept. 106-997)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4811) ``making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes'', having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Section 101. (a) The provisions of H.R. 5526 of the 106th
Congress, as introduced on October 24, 2000, are hereby
enacted into law.
(b). In publishing the Act in slip form and in the United
States Statues at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the bill referred to in subsection
(a) of this section.
And the Senate agreed to the same.
Sonny Callahan,
John Edward Porter,
Frank R. Wolf,
Ron Packard,
Joe Knollenberg,
Jack Kingston,
Jerry Lewis,
Roger F. Wicker,
Bill Young,
Nancy Pelosi,
Nita M. Lowey,
Jesse Jackson, Jr.,
Carolyn C. Kilpatrick,
Martin Olav Sabo,
Dave Obey,
(except for cap adjustment),
Managers on the Part of the House.
Mitch McConnell,
Arlen Specter,
Judd Gregg,
Richard Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Kit Bond,
Ted Stevens,
Patrick Leahy,
Frank R. Lautenberg,
Tom Harkin,
Barbara A. Mikulski,
Patty Murray,
Robert C. Byrd,
Managers on the Part of the Senate.
joint explanatory statement of the committee of conference
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 4811) ``making
appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30,
2001'', submit the following joint statement to the House and
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying
conference report:
The conference agreement would enact the provisions of H.R.
5526 as introduced on October 24, 2000. The text of that bill
follows:
[[Page H10760]]
A BILL Making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2001, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act that has detonated a nuclear explosive after
the date of the enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $865,000,000 to
remain available until September 30, 2004: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until September 30, 2019 for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2001, 2002, 2003, and 2004:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, or related programs for tied-
aid credits or grants may be used for any other purpose
except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export Import Bank Act
of 1945, in connection with the purchase or lease of any
product by any East European country, any Baltic State or any
agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $62,000,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in
connection with the collection of moneys owed the Export-
Import Bank, repossession or sale of pledged collateral or
other assets acquired by the Export-Import Bank in
satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation
of the legal or technical aspects of any transaction for
which an application for a loan, guarantee or insurance
commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2001.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $38,000,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961 to be derived by transfer from the Overseas Private
Investment Corporation noncredit account: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2001 and 2002: Provided
further, That such sums shall remain available through fiscal
year 2010 for the disbursement of direct and guaranteed loans
obligated in fiscal years 2001 and 2002: Provided further,
That in addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until September 30, 2002.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2001,
unless otherwise specified herein, as follows:
agency for international development
child survival and disease programs fund
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, basic education, assistance to
combat tropical and other infectious diseases, and related
activities, in addition to funds otherwise available for such
purposes, $963,000,000, to remain available until expended:
Provided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral
rehydration programs; (3) health and nutrition programs, and
related education programs, which address the needs of
mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs
for the prevention, treatment, and control of, and research
on, tuberculosis, HIV/AIDS, polio, malaria and other
infectious diseases; and (7) basic education programs for
children: Provided further, That none of the funds
appropriated under this heading may be made available for
nonproject assistance, except that funds may be made
available for such assistance for basic education and ongoing
health programs: Provided further, That of the funds
appropriated under this heading, not to exceed $125,000, in
addition to funds otherwise available for such purposes, may
be used to monitor and provide oversight of child survival,
maternal health, and infectious disease programs: Provided
further, That the following amounts should be allocated as
follows: $295,000,000 for child survival and maternal health;
$30,000,000 for vulnerable children; $300,000,000 for HIV/
AIDS; $125,000,000 for other infectious diseases;
$103,000,000 for children's basic education; and $110,000,000
for UNICEF: Provided further, That of the funds appropriated
under this heading, up to $50,000,000 may be made available
for a United States contribution to the Global Fund for
Children's Vaccines, up to $10,000,000 may be made available
for the International AIDS Vaccine Initiative, and up to
$20,000,000 may be made available for a United States
contribution to an international HIV/AIDS fund as authorized
by subtitle B, title I of Public Law 106-264, or a comparable
international HIV/AIDS fund.
development assistance
For necessary expenses to carry out the provisions of
sections 103 through 106, and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96-533) and the provisions of section 401 of the Foreign
Assistance Act of 1969, $1,305,000,000, to remain available
until September 30, 2002: Provided, That of the amount
appropriated under this heading, up to $12,000,000 may be
made available for and apportioned directly to the Inter-
American Foundation: Provided further, That of the amount
appropriated under this heading, up to $16,000,000 may be
made available for the African Development Foundation and
shall be apportioned directly to that agency: Provided
further, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations may be
made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that
[[Page H10761]]
might render the use of the method inadvisable and those
adverse side effects known to be consequent to the use of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits;
and, not less than 60 days after the date on which the
Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate, a report
containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104
of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none
of the funds appropriated under this heading may be made
available for any activity which is in contravention to the
Convention on International Trade in Endangered Species of
Flora and Fauna (CITES): Provided further, That of the funds
appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and
victims of war, not to exceed $25,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of such programs: Provided further,
That of the aggregate amount of the funds appropriated by
this Act to carry out part I of the Foreign Assistance Act
of 1961 and the Support for East European Democracy (SEED)
Act of 1989, not less than $310,000,000 should be made
available for agriculture and rural development programs
of which $30,000,000 should be made available for plant
biotechnology research and development: Provided further,
That not less than $2,300,000 should be made available for
core support for the International Fertilizer Development
Center: Provided further, That of the funds appropriated
under this heading, not less than $5,200,000 shall be made
available to AmeriCares for the construction,
rehabilitation, and operation of community-based primary
healthcare facilities in Nicaragua, Honduras, Guatemala,
and El Salvador: Provided further, That of the funds
appropriated under this heading, not less than $500,000
should be made available for support of the United States
Telecommunications Training Institute: Provided further,
That of the funds appropriated under this heading, not
less than $17,000,000 should be made available for the
American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this
heading, not less than $2,000,000 should be available to
support an international media training center.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$15,000,000 shall be made available for Cyprus to be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus.
lebanon
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$35,000,000 shall be made available for Lebanon to be used,
among other programs, for scholarships and direct support of
the American educational institutions in Lebanon.
burma
Of the funds appropriated under the headings ``Economic
Support Fund'' and ``Development Assistance'', not less than
$6,500,000 shall be made available to support democracy
activities in Burma, democracy and humanitarian activities
along the Burma-Thailand border, and for Burmese student
groups and other organizations located outside Burma:
Provided, That funds made available for Burma-related
activities under this heading may be made available
notwithstanding any other provision of law: Provided further,
That the provision of such funds shall be made available
subject to the regular notification procedures of the
Committees on Appropriations.
CONSERVATION FUND
Of the funds made available under the headings
``Development Assistance'' and ``Economic Support Fund'', not
less than $4,000,000 should be made available to support the
preservation of habitats and related activities for
endangered wildlife.
private and voluntary organizations
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 percent of its total annual funding for
international activities from sources other than the United
States Government: Provided, That the Administrator of the
Agency for International Development, after informing the
Committees on Appropriations, may, on a case-by-case basis,
waive the restriction contained in this paragraph, after
taking into account the effectiveness of the overseas
development activities of the organization, its level of
volunteer support, its financial viability and stability, and
the degree of its dependence for its financial support on the
agency.
Funds appropriated or otherwise made available under title
II of this Act should be made available to private and
voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $165,000,000, to remain available until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$50,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961: Provided, That such costs shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That guarantees of loans made under
this heading in support of microenterprise activities may
guarantee up to 70 percent of the principal amount of any
such loans notwithstanding section 108 of the Foreign
Assistance Act of 1961. In addition, for administrative
expenses to carry out programs under this heading, $500,000,
all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds made
available under this heading shall remain available until
September 30, 2002.
development credit program account
(including transfer of funds)
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 635 of the Foreign
Assistance Act of 1961: Provided, That such funds shall be
made available only for urban and environmental programs:
Provided further, That for the cost of direct loans and loan
guarantees, up to $5,000,000 of funds appropriated by this
Act under the heading ``Development Assistance'', may be
transferred to and merged with funds appropriated under this
heading to be made available for the purposes of part I of
the Foreign Assistance Act of 1961: Provided further, That
such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading. In addition, for administrative expenses to carry
out credit programs administered by the Agency for
International Development, $4,000,000, all of which may be
transferred to and merged with the appropriation for
Operating Expenses of the Agency for International
Development: Provided further, That funds appropriated under
this heading shall remain available until September 30, 2002.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $44,489,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of
section 667, $520,000,000: Provided, That none of the funds
appropriated under this heading may be made available to
finance the construction (including architect and engineering
services), purchase, or long term lease of offices for use by
the Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long term lease of
offices does not exceed $1,000,000.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of
section 667, $27,000,000, to remain available until September
30, 2002, which sum shall be available for the Office of the
Inspector General of the Agency for International
Development.
[[Page H10762]]
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,295,000,000, to remain available
until September 30, 2002: Provided, That of the funds
appropriated under this heading, not less than $840,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act or by
October 31, 2000, whichever is later: Provided further, That
not less than $695,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which
sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken
in previous fiscal years, and of which not less than
$200,000,000 shall be provided as Commodity Import Program
assistance: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that
Israel enters into a side letter agreement in an amount
proportional to the fiscal year 1999 agreement: Provided
further, That of the funds appropriated under this heading,
not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000
shall be made available for assistance for East Timor of
which up to $1,000,000 may be transferred to and merged with
the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That of the
funds appropriated under this heading, in addition to funds
otherwise made available for Indonesia, not less than
$5,000,000 should be made available for economic
rehabilitation and related activities in Aceh, Indonesia:
Provided further, That funds made available in the previous
proviso may be transferred to and merged with the
appropriation for Transition Initiatives: Provided further,
That none of the funds appropriated under this heading shall
be obligated for regional or global programs, except as
provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds made available under this heading not less than
$12,000,000 should be made available for Mongolia: Provided
further, That up to $10,000,000 of the funds appropriated
under this heading may be used, notwithstanding any other
provision of law, to provide assistance to the National
Democratic Alliance of Sudan to strengthen its ability to
protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its
militia allies, and the provision of such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in
the previous proviso, the term ``assistance'' includes
non-lethal, non-food aid such as blankets, medicine, fuel,
mobile clinics, water drilling equipment, communications
equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes.
international fund for ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$25,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall
be made available in accordance with the provisions of the
Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
415): Provided, That such amount shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That funds made available
under this heading shall remain available until September 30,
2002.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $600,000,000, to
remain available until September 30, 2002, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States: Provided, That of the funds appropriated
under this heading not less than $5,000,000 shall be made
available for assistance for the Baltic States: Provided
further, That funds made available for assistance for Kosova
from funds appropriated under this heading and under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' shall not exceed 15
percent of the total resources pledged by all donors for
calendar year 2001 for assistance for Kosova as of March 31,
2001: Provided further, That of the funds made available
under this heading for Kosova, not less than $1,300,000
should be made available to support the National Albanian
American Council's training program for Kosovar women:
Provided further, That none of the funds made available under
this Act for assistance for Kosova shall be made available
for large scale physical infrastructure reconstruction:
Provided further, That of the funds made available under this
heading and the headings ``International Narcotics Control
and Law Enforcement'' and ``Economic Support Fund'', not to
exceed $80,000,000 shall be made available for Bosnia and
Herzegovina.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) None of the funds appropriated under this heading may
be made available for new housing construction or repair or
reconstruction of existing housing in Bosnia and Herzegovina
unless directly related to the efforts of United States
troops to promote peace in said country.
(e) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the Agency for International
Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for
such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee.
(f ) The provisions of section 532 of this Act shall apply
to funds made available under subsection (e) and to funds
appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 532 of this Act, local currencies
generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(g) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between Iranian officials and Bosnian
officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $810,000,000, to remain available until September
30, 2002: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
15 percent may be used for confidence-building measures and
other activities in furtherance of the peaceful resolution of
the regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
amounts appropriated under this heading not less than
$20,000,000 shall be made available solely for the Russian
Far East: Provided further, That of the funds appropriated
under this heading, not less than $1,500,000 should be
available only to meet the health and other assistance needs
of victims of trafficking in persons.
(b) Of the funds appropriated under this heading, not less
than $170,000,000 should be made available for assistance for
Ukraine: Provided, That of this amount, not less than
$25,000,000 should be made available for nuclear reactor
safety initiatives, and not less than $5,000,000 should be
made available for the Ukranian Land and Resource Management
Center.
(c) Of the funds appropriated under this heading, not less
than $92,000,000 shall be made available for assistance for
Georgia of which not less than $25,000,000 should be made
available to support Border Security Guard and export control
initiatives.
(d) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(f) Not more than 25 percent of the funds appropriated
under this heading may be made available for assistance for
any country in the region. Activities authorized under title
V (nonproliferation and disarmament programs and activities)
of the FREEDOM Support Act shall not be counted against the
25 percent limitation.
[[Page H10763]]
(g) Of the funds made available under this heading for
nuclear safety activities, not to exceed 8 percent of the
funds provided for any single project may be used to pay for
management costs incurred by a United States agency or
national lab in administering said project.
(h)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation.
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability;
(B) is cooperating with international efforts to
investigate allegations of war crimes and atrocities in
Chechnya;
(C) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya; and
(D) is in compliance with article V of the Treaty on
Conventional Armed Forces in Europe regarding forces deployed
in the flank zone in and around Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(i) Of the funds appropriated under this heading for
assistance for Russia, and the heading ``Migration and
Refugee Assistance'', not less than $10,000,000 shall be made
available to non-government organization providing
humanitarian relief in Checknya and Ingushetia.
(j) Of the funds appropriated under this heading, not less
than $45,000,000 shall be made available, in addition to
funds otherwise available for such purposes, for assistance
for child survival, environmental health, and to combat
infectious diseases, and for related activities.
Independent Agency
peace corps
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $265,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2002.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $325,000,000, to remain
available until expended: Provided, That any funds made
available under this heading for anti-crime programs and
activities shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2001, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing it
to a foreign country under chapter 8 of part I of that Act
subject to the regular notification procedures of the
Committees on Appropriations.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $700,000,000,
which shall remain available until expended: Provided, That
not more than $14,500,000 shall be available for
administrative expenses: Provided further, That funds
appropriated under this heading to support activities and
programs conducted by the United Nations High Commissioner
for Refugees shall be made available after reporting at
least 5 days in advance to the Committees on
Appropriations: Provided further, That the reporting
requirement contained in the previous proviso may be
waived for any such obligation if failure to waive this
requirement would pose a substantial risk to human health
or welfare: Provided further, That in case of any such
waiver, a report to the Committees on Appropriations shall
be provided as early as practicable, but in no event later
than 5 days after such obligation: Provided further, That
not less than $60,000,000 of the funds made available
under this heading shall be made available for refugees
from the former Soviet Union and Eastern Europe and other
refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $15,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Act which
would limit the amount of funds which could be appropriated
for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $311,600,000, to carry
out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, section
504 of the FREEDOM Support Act, section 23 of the Arms Export
Control Act or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary
contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That the Secretary of State shall
inform the Committees on Appropriations at least 20 days
prior to the obligation of funds for the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission: Provided
further, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for
the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and
disarmament: Provided further, That such funds may also be
used for such countries other than the Independent States of
the former Soviet Union and international organizations when
it is in the national security interest of the United States
to do so: Provided further, That such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the
activities of that Agency: Provided further, That of the
funds appropriated under this heading, $40,000,000 should be
made available for demining, clearance of unexploded
ordnance, and related activities: Provided further, That of
the funds made available for demining and related activities,
not to exceed $500,000, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of the
demining program.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating
to international affairs technical assistance activities),
$6,000,000, to remain available until expended, which shall
be available nowithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, and of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, and concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $238,000,000, to remain
available until expended: Provided, That of this amount, not
less than $13,000,000 shall be made available to carry out
the provisions of part V of the Foreign Assistance Act of
1961: Provided further, That funds appropriated or otherwise
made available under this heading in this Act may be used by
the Secretary of the Treasury to pay to the Heavily Indebted
Poor Countries (HIPC) Trust Fund administered by the
International Bank for Reconstruction and Development amounts
for the benefit of countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106-113: Provided
further, That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC
initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such
country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided
[[Page H10764]]
further, That on the basis of final appropriations, the
Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(b) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Acts shall be made available for Sudan or
Burma unless the Secretary of Treasury determines and
notifies the Committees on Appropriations that a
democratically elected government has taken office: Provided
further, That the authority provided by section 572 of Public
Law 100-461 may be exercised only with respect to countries
that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$55,000,000, of which up to $1,000,000 may remain available
until expended: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That funds
appropriated under this heading for grant financed military
education and training for Indonesia and Guatemala may only
be available for expanded international military education
and training and funds made available for Indonesia and
Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,545,000,000: Provided, That of the funds
appropriated under this heading, not less than $1,980,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days
of the enactment of this Act or by October 31, 2000,
whichever is later: Provided further, That to the extent that
the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less
than $520,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That of the funds
appropriated by this paragraph, not less than $75,000,000
should be available for assistance for Jordan: Provided
further, That of the funds appropriated by this paragraph,
not less than $3,000,000 shall be made available for
assistance for Malta: Provided further, That of the funds
appropriated by this paragraph, not less than $8,500,000
shall be made available for assistance for Tunisia: Provided
further, That during fiscal year 2001, the President is
authorized to, and shall, direct the draw-downs of defense
articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training of an aggregate value of not less than
$5,000,000 under the authority of this proviso for Tunisia
for the purposes of part II of the Foreign Assistance Act of
1961 and any amount so directed shall count toward meeting
the earmark in the preceding proviso: Provided further, That
of the funds appropriated by this paragraph, not less than
$8,000,000 shall be made available for Georgia: Provided
further, That during fiscal year 2001, the President is
authorized to, and shall, direct the draw-downs of defense
articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training of an aggregate value of not less than
$4,000,000 under the authority of this proviso for Georgia
for the purposes of part II of the Foreign Assistance Act of
1961 and any amount so directed shall count toward meeting
the earmark in the preceding proviso: Provided further, That
funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made
available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title
31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the
Arms Export Control Act unless the foreign country
proposing to make such procurements has first signed an
agreement with the United States Government specifying the
conditions under which such procurements may be financed
with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through
the regular notification procedures of section 515 of this
Act: Provided further, That none of the funds appropriated
under this heading shall be available for assistance for
Sudan and Liberia: Provided further, That funds made
available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and
international organizations: Provided further, That none
of the funds appropriated under this heading shall be
available for assistance for Guatemala: Provided further,
That only those countries for which assistance was
justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and
construction services that are not sold by the United
States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to
make timely payment for defense articles and services:
Provided further, That not more than $33,000,000 of the
funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the
United States, for the general costs of administering
military assistance and sales: Provided further, That not
more than $340,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of
Defense during fiscal year 2001 pursuant to section 43(b)
of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2001 shall be transferred to an
interest bearing account for Egypt in the Federal Reserve
Bank of New York within 30 days of enactment of this Act
or by October 31, 2000, whichever is later: Provided
further, That the Committees on Appropriations shall be
informed at least 10 days prior to the obligation of any
interest accrued by the account established by the
previous proviso.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$127,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $108,000,000, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $775,000,000, to remain
available until expended: Provided: That the Secretary of the
Treasury shall: (1) accord high priority to encouraging the
International Development Association to establish and
implement a policy to provide new assistance on grant terms
to enhanced HIPC Initiative countries that have reached the
completion point; and (2) submit a report to the Speaker of
the House of Representatives, the President of the Senate,
and the Committees on Appropriations no later than June 30,
2001, on the progress reached in achieving the objective set
forth in clause (1): Provided further, That in negotiating
United States participation in the next replenishment of the
International Development Association, the Secretary of the
Treasury shall accord high priority to providing the
International Development Association with the policy
flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC
Initiative.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $10,000,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
limitation on callable capital
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share
[[Page H10765]]
of such capital stock in an amount not to exceed $50,000,000.
Contribution to the Inter-American Investment Corporation
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $25,000,000, for the United
States share of the increase in subscriptions to capital
stock, to remain available until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $10,000,000, to
remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $72,000,000, to remain available until
expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the
Secretary of the Treasury, $6,100,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $97,548,522.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $100,000,000, to remain available until
expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,778,717,
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $5,000,000, to remain available
until expended.
International Organizations and Programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $186,000,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That not less than $5,000,000
should be made available to the World Food Program: Provided
further, That none of the funds appropriated under this
heading may be made available to the Korean Peninsula Energy
Development Organization (KEDO) or the International Atomic
Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.
prohibition of bilateral funding for international financial
institutions
Sec. 502. Notwithstanding section 614 of the Foreign
Assistance Act of 1961, none of the funds contained in title
II of this Act may be used to carry out the provisions of
section 209(d) of the Foreign Assistance Act of 1961:
Provided, That none of the funds appropriated by title II of
this Act may be transferred by the Agency for International
Development directly to an international financial
institution (as defined in section 533 of this Act) for the
purpose of repaying a foreign country's loan obligations to
such institution.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided,
That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected head of government is deposed by decree or military
coup: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the end
of the fiscal year immediately preceding the current fiscal
year are, if deobligated, hereby continued available during
the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act:
Provided, That the authority of this subsection may not be
used in fiscal year 2001.
availability of funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, and chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'',
shall remain available until expended if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time
of submission of such report, those funds allocated for cash
disbursement for balance of payment and economic policy
reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act: Provided, That this section and section
620(q) of the Foreign Assistance Act of 1961 shall not apply
to funds made available for any narcotics-related assistance
for Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
[[Page H10766]]
commerce and trade
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. (a) For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Disease Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the Independent States of
the Former Soviet Union'', ``Economic Support Fund'',
``Peacekeeping Operations'', ``Operating Expenses of the
Agency for International Development'', ``Operating Expenses
of the Agency for International Development Office of
Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``Peace Corps'', and ``Migration and Refugee Assistance'',
shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees
of both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the
Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on
Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2002.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet
Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for
projects or activities that have as one of their primary
purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New
Independent States and the implementing agency shall
encourage the participation of and give significant weight to
contractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations: Provided, That none of the funds
[[Page H10767]]
made available under this Act may be used to lobby for or
against abortion.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2001, for programs under title I of this Act may
be transferred between such appropriations for use for any of
the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Colombia, Haiti, Liberia,
Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the
Democratic Republic of Congo except as provided through the
regular notification procedures of the Committees on
Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
child survival and disease prevention activities
Sec. 522. Up to $16,000,000 of the funds made available by
this Act for assistance under the heading ``Child Survival
and Disease Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including
for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the
Agency for International Development for the purpose of
carrying out child survival, basic education, and
infectious disease activities: Provided, That up to
$1,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance''
may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying
out other development assistance activities: Provided
further, That funds appropriated by this Act that are made
available for child survival activities or disease
programs including activities relating to research on, and
the prevention, treatment and control of, Acquired Immune
Deficiency Syndrome may be made available notwithstanding
any provision of law that restricts assistance to foreign
countries: Provided further, That funds appropriated under
title II of this Act may be made available pursuant to
section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival
and related programs.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or the People's Republic of
China, unless the President of the United States certifies
that the withholding of these funds is contrary to the
national interest of the United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f ) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
Sec. 525. Funds appropriated by this Act, except funds
appropriated under the headings ``International Military
Education and Training'' and ``Foreign Military Financing
Program'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 and section 15 of the State
Department Basic Authorities Act of 1956.
democracy in china
Sec. 526. Notwithstanding any other provision of law that
restricts assistance to foreign countries, funds appropriated
by this Act for ``Economic Support Fund'' may be made
available to provide general support and grants for
nongovernmental organizations located outside the People's
Republic of China that have as their primary purpose
fostering democracy in that country, and for activities of
nongovernmental organizations located outside the People's
Republic of China to foster rule of law and democracy in that
country: Provided, That none of the funds made available for
activities to foster democracy in the People's Republic of
China may be made available for assistance to the government
of that country, except that funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made
available for the National Endowment for Democracy or its
grantees may be made available for activities to foster
democracy in that country notwithstanding this proviso and
any other provision of law: Provided further, That upon
enactment of this Act funds appropriated by this or any prior
Acts making appropriations for foreign operations, export
financing, and related programs, that are provided to the
National Endowment for Democracy shall be provided
notwithstanding any other provision of law or regulation:
Provided further, That funds made available pursuant to the
authority of this section shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That notwithstanding any other provision of
law, of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not to exceed $2,000,000 may be made available
to nongovernmental organizations located outside the People's
Republic of China to support activities which preserve
cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in that
country: Provided further, That the final proviso in section
526 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000 (as enacted into law by
section 1000(a)(2) of Public Law 106-113) is amended by
striking ``Robert F. Kennedy Memorial Center for Human
Rights'' and inserting ``Jamestown Foundation''.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
report on implementation of supplemental appropriations
Sec. 528. (a) Beginning not later than January 1, 2001, the
Secretary of State shall provide quarterly reports to the
Committees on Appropriations providing information on the use
of funds appropriated in title VI of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2000 (as enacted into law by section 1000(a)(2) of Public Law
106-113). Each report shall include the following--
(1) the current and projected status of obligations and
expenditures by appropriations account, by country, and by
program, project, and activity;
(2) the contractors and subcontractors engaged in
activities funded from appropriations contained in title VI;
and
(3) the procedures and processes under which decisions have
been or will be made on which programs, projects, and
activities are funded through appropriations contained in
title VI.
(b) For each report required by this section, a classified
annex may be submitted if deemed necessary and appropriate.
(c) The last quarterly report required by this section
shall be provided to the Committees on Appropriations by
January 1, 2002.
COMPETITIVE INSURANCE
Sec. 529. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity to
bid for insurance when such insurance is necessary or
appropriate.
Peru
Sec. 530. (a) Determination.--Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter during fiscal year 2001, the Secretary of
State shall determine and report to the Committees on
Appropriations whether the Government of Peru has made
substantial progress in creating the conditions for free and
fair elections, and in respecting human rights, the rule of
law, the independence and constitutional role of the
judiciary and national congress, and freedom of expression
and independent media.
(b) Prohibition.--If the Secretary determines and reports
pursuant to subsection (a) that the Government of Peru has
not made substantial progress, no funds appropriated by this
Act may be made available for assistance for the Central
Government of Peru.
(c) Of the funds appropriated by this Act, not less than
$2,000,000 should be made available to support the work of
nongovernmental organizations and the Organization of
American States in promoting free and fair elections,
democratic institutions, and human rights in Peru.
DEBT-FOR-DEVELOPMENT
Sec. 531. In order to enhance the continued participation
of nongovernmental organizations
[[Page H10768]]
in economic assistance activities under the Foreign
Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency
for International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a
result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 532. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the Agency
for International Development shall report on an annual basis
as part of the justification documents submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 534. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of
part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
authorities for the peace corps, international fund for agricultural
development, inter-american foundation and african development
foundation
Sec. 535. (a) Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations
on the availability of funds for ``International
Organizations and Programs'' in this or any other Act,
including prior appropriations Acts, shall not be construed
to be applicable to the International Fund for Agricultural
Development.
impact on jobs in the united states
Sec. 536. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
CLEAN COAL TECHNOLOGY
Sec. 537. (a) Findings.--The Congress finds as follows:
(1) The United States is the world leader in the
development of environmental technologies, particularly clean
coal technology.
(2) Severe pollution problems affecting people in
developing countries, and the serious health problems that
result from such pollution, can be effectively addressed
through the application of United States technology.
(3) During the next century, developing countries,
particularly countries in Asia such as China and India, will
dramatically increase their consumption of electricity, and
low quality coal will be a major source of fuel for power
generation.
(4) Without the use of modern clean coal technology, the
resultant pollution will cause enormous health and
environmental problems leading to diminished economic
growth in developing countries and, thus, diminished
United States exports to those growing markets.
(b) Statement of Policy.--It is the policy of the United
States to promote the export of United States clean coal
technology. In furtherance of that policy, the Secretary of
State, the Secretary of the Treasury (acting through the
United States executive directors to international financial
institutions), the Secretary of Energy, and the Administrator
of the United States Agency for International Development
(USAID) should, as appropriate, vigorously promote the use of
United States clean coal technology in environmental and
energy infrastructure programs, projects and activities.
Programs, projects and activities for which the use of such
technology should be considered include reconstruction
assistance for the Balkans, activities carried out by the
Global Environment Facility,
[[Page H10769]]
and activities funded from USAID's Development Credit
Authority.
special authorities
Sec. 538. (a) Afghanistan, Lebanon, Montenegro, Victims of
War, Displaced Children, and Displaced Burmese.--Funds
appropriated in titles I and II of this Act that are made
available for Afghanistan, Lebanon, Montenegro, and for
victims of war, displaced children, and displaced Burmese,
may be made available notwithstanding any other provision of
law: Provided, That any such funds that are made available
for Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section 906
of the International Security and Development Cooperation Act
of 1985.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose
of supporting tropical forestry and biodiversity conservation
activities and, subject to the regular notification
procedures of the Committees on Appropriations, energy
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