S.1234 - Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000106th Congress (1999-2000)
Bill
Hide Overview| Sponsor: | Sen. McConnell, Mitch [R-KY] (Introduced 06/17/1999) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 106-81 |
| Latest Action: | Senate - 08/04/1999 Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S10214) (All Actions) |
| Roll Call Votes: | There have been 5 roll call votes |
| Notes: | The Senate subsequently passed H.R. 2606 after incorporating S. 1234 as an amendment. H.R. 2606 was vetoed by the President. |
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Text: S.1234 — 106th Congress (1999-2000)All Information (Except Text)
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Placed on Calendar Senate (06/17/1999)
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 1234 Placed on Calendar Senate (PCS)]
Calendar No. 159
106th CONGRESS
1st Session
S. 1234
[Report No. 106-81]
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2000, and for
other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 1999
Mr. McConnell, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2000, 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, 2000, 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 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, $785,000,000 to remain available until September 30,
2003: 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 2018 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2000, 2001,
2002 and 2003: 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 (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $25,000 for official reception and
representation expenses for members of the Board of Directors,
$55,000,000: 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, 2000.
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 $31,500,000: 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 2000 and 2001:
Provided further, That such sums shall remain available through fiscal
year 2008 for the disbursement of direct and guaranteed loans obligated
in fiscal year 2000, and through fiscal year 2009 for the disbursement
of direct and guaranteed loans obligated in fiscal year 2001: 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, $43,000,000, to remain available
until September 30, 2001: Provided, That the Trade and Development
Agency may receive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other project
planning services, to be deposited as an offsetting collection to this
account and to be available for obligation until September 30, 2001,
for necessary expenses under this paragraph: Provided further, That
such reimbursements shall not cover, or be allocated against, direct or
indirect administrative costs of the agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1999, unless
otherwise specified herein, as follows:
agency for international development
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of sections 103
through 106, section 301, 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,
$1,928,500,000, to remain available until September 30, 2001: Provided,
That of the amount appropriated under this heading, funds may be made
available for the Inter-American Foundation (IAF) but shall be provided
only after the General Accounting Office has completed its current IAF
civil and criminal investigations and reported to the Committees on
Appropriations: Provided further, That funds made available for the IAF
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, up to $12,500,000 may be made
available for the African Development Foundation and shall be
apportioned directly to that agency: Provided further, That of the
funds appropriated under this heading, not less than $225,000,000 shall
be made available for programs for the prevention, treatment, and
control of, and research on, infectious diseases in developing
countries, of which amount not less than $150,000,000 shall be made
available for such programs for HIV/AIDS including not less than
$5,000,000 which shall be made available to support a United States
Government strategy to develop microbicides as a means for combating
HIV/AIDS: Provided further, That of the funds made available under this
heading, not less than $50,000,000 should be made available for
activities addressing the health and nutrition needs of pregnant women
and mothers: Provided further, That of the funds appropriated under
this heading, not less than $105,000,000 shall be made available for
the United Nations Children's Fund: Provided further, That not less
than $425,000,000 of the funds appropriated under this heading shall be
made available to carry out the provisions of section 104(b) of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds made available in this Act nor any unobligated balances from
prior appropriations may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That none of
the funds made available under this heading may be used to pay for the
performance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions; and that in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range
of family planning methods and services: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of
funds previously appropriated under this heading, $2,500,000 shall be
transferred to ``International Organizations and Programs'' for a
contribution to the International Fund for Agricultural Development
(IFAD): Provided further, That of the aggregate amount of the funds
appropriated by this Act to carry out part I of the Foreign Assistance
Act of 1961 and the Support for Eastern European Democracy Act of 1989,
$305,000,000 should be made available for agriculture and rural
development programs including international agriculture research
programs: Provided further, That of the funds appropriated under this
heading that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed $25,000, in
addition to funds otherwise available for such purposes, may be used to
monitor and provide oversight of such programs: Provided further, That
of the funds appropriated under this heading not less than $250,000
shall be available for the International Law Institute: Provided
further, That of the funds appropriated under this heading, not less
than $15,000,000 shall be made available for the American Schools and
Hospitals Abroad Program: Provided further, That of the funds
appropriated under this heading not less than $500,000 shall be made
available for support of the United States Telecommunications Training
Institute: Provided further, That, of the funds appropriated under this
heading and ``New Independent States of the former Soviet Union'', not
less than $7,000,000 shall be made available for Carelift International
to collect and provide medical supplies, equipment and training:
Provided further, That, of the funds appropriated by this Act for the
Microenterprise Initiative (including any local currencies made
available for the purposes of the Initiative), not less than one-half
shall be made available for programs providing loans of less than $300
to very poor people, particularly women, or for institutional support
of organizations primarily engaged in making such loans: Provided
further, That notwithstanding any other provision of law, of the
amounts made available under Title II of this Act, $10,000,000 shall be
made available for political, economic, humanitarian, and associated
support activities for Iraqi opposition groups designated under the
Iraqi Liberation Act (Public Law 105-338): Provided further, That not
less than 15 days prior to the obligation of these funds, the Secretary
shall inform the Committees on Appropriations of the purpose and amount
of the proposed obligation of funds under this provision.
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.
burma
Of the funds appropriated under the heading ``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 of the funds made available under this heading, not less
than $800,000 shall be made available for newspapers, media,
publications and related training to promote democracy in and related
to Burma: Provided further, That the funds made available under this
heading shall be provided subject to consultation and guidelines
provided by the leadership of the Burmese government elected in 1990:
Provided further, 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.
cambodia
None of the funds appropriated by this Act may be made available
for activities or programs for the Central Government of Cambodia until
the Secretary of State determines and reports to the Committees on
Appropriations that Cambodia has held free and fair elections in which
all political candidates were permitted freedom of speech, assembly and
equal access to the media, that the Central Election Commission was
comprised of representatives from all parties, and that the Government
of Cambodia has established an international panel of jurists which is
proceeding consistent with international law in the prosecution of Ta
Mok, Khieu Sampan, Nuon Chea, Ieng Sary, Ke Pauk, and Kang Khev Leu
(Duch): Provided, That the restriction on funds made available under
this paragraph shall not apply to demining or other humanitarian
programs.
indonesia
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $70,000,000 shall
be made available for assistance for Indonesia.
conservation fund
Of the funds made available under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $500,000 shall be
made available for the Charles Darwin Research Station and the Charles
Darwin Foundation to support research, conservation, training and other
activities necessary to protect the Province of the Galapagos Islands,
Ecuador.
conflict resolution
Of the funds appropriated under the headings ``Development
Assistance'', ``Economic Support Fund'' and ``Assistance for Eastern
Europe and the Baltic States'', $1,000,000 shall be made available to
support conflict resolution programs involving teenagers of different
ethnic, religious, and political backgrounds from the Middle East and
other regions of conflict.
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, $175,000,000, to
remain available until expended.
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, as
amended: Provided, That such costs shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That section
108(i)(2)(C) of the Foreign Assistance Act of 1961 is amended to read
as follows: ``(C) No guarantee of any loan may guarantee more than 50
percent of the principal amount of any such loan, except guarantees of
loans in support of microenterprise activites may guarantee up to 70
percent of the principal amount of any such loan.''. 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, 2001.
urban and environmental credit program account
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, $1,500,000, to remain available
until expended: Provided, That these funds are available to subsidize
loan principal, 100 per centum of which shall be guaranteed, pursuant
to the authority of such sections. In addition, for administrative
expenses to carry out guaranteed loan programs, $4,000,000, all of
which may be transferred to and merged with the appropriation for
Operating Expenses of the Agency for International Development.
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 per centum of its
total annual funding for international activities from sources other
than the United States Government: Provided, That the Administrator of
the Agency for International Development may, on a case-by-case basis,
waive the restriction contained in this paragraph, after taking into
account the effectiveness of the overseas development activities of the
organization, its level of volunteer support, its financial viability
and stability, and the degree of its dependence for its financial
support on the agency.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary
organizations at a level which is at least equivalent to the level
provided in fiscal year 1995. Such private and voluntary organizations
shall include those which operate on a not-for-profit basis, receive
contributions from private sources, receive voluntary support from the
public and are deemed to be among the most cost-effective and
successful providers of development assistance.
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, $43,837,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$495,000,000, to remain available until September 30, 2001.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of section 667,
$25,000,000, to remain available until September 30, 2001, which sum
shall be available for the Office of the Inspector General of the
Agency for International Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,195,000,000, to remain available until September 30, 2001:
Provided, That of the funds appropriated under this heading, not less
than $960,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1999,
whichever is later: Provided further, That not less than $735,000,000
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: Provided further, That
of the funds appropriated under this heading, not less than
$150,000,000 shall be made available for assistance for Jordan:
Provided further, That notwithstanding any other provision of law, not
to exceed $11,000,000 may be used to support victims of and programs
related to the Holocaust: Provided further, That none of the funds made
available under this heading may be made available to the Korean
Peninsula Energy Development Organization.
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, $535,000,000, to remain available until
September 30, 2001, 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 $150,000,000 shall be made available
for assistance for Kosova of which $20,000,000 shall be available for
training and equipping a Kosova security force; not less than
$85,000,000 shall be made available for assistance for Albania; not
less than $60,000,000 shall be made available for assistance for
Romania; not less than $55,000,000 shall be made available for
assistance for Macedonia; not less than $45,000,000 shall be made
available for assistance for Bulgaria; not less than $35,000,000 shall
be available for assistance for Montenegro: Provided further, That of
the funds made available under this heading and the headings
``International Narcotics and Law Enforcement'' and ``Economic Support
Fund'', not to exceed $130,000,000 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) With regard to funds appropriated or otherwise made available
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)--
(1) 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; and
(2) the provisions of section 533 of this Act shall apply.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapter
11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
Support Act, for assistance for the New Independent States of the
former Soviet Union and for related programs, $780,000,000, to remain
available until September 30, 2001: Provided, That the provisions of
such chapter shall apply to funds appropriated by this paragraph:
Provided further, That such sums as may be necessary may be transferred
to the Export-Import Bank of the United States for the cost of any
financing under the Export-Import Bank Act of 1945 for activities for
the New Independent States.
(b) Of the funds appropriated under this heading, not less than
$210,000,000 shall be made available for assistance for Ukraine:
Provided, That 50 percent of the amount made available in this
subsection, exclusive of funds made available for nuclear safety, law
enforcement reforms or the business incubator program, shall be
withheld from obligation and expenditure until the Secretary of State
reports to the Committees on Appropriations that Ukraine has undertaken
significant economic reforms additional to those achieved in fiscal
year 1999: Provided further, That the report in the previous proviso
shall be provided 120 days after the date of enactment of this Act:
Provided further, That of the funds made available for Ukraine, not
less than $25,000,000 shall be made available for nuclear reactor
safety programs: Provided further, That of the funds made available for
Ukraine, not less than $5,000,000 shall be made available to support
the expansion of the technology business incubator program to include
new cities.
(c) Of the funds appropriated under this heading, not less than
$95,000,000 shall be made available for assistance for Georgia:
Provided, That of the funds made available under this subsection, not
less than $8,000,000 shall be made available for judicial reform and
law enforcement training.
(d) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia.
(e) Funds made available under this Act or any other Act may not be
provided for assistance to the Government of Azerbaijan until the
President determines, and so reports to the Congress, that the
Government of Azerbaijan is taking demonstrable steps to cease all
blockades and other offensive uses of force against Armenia and
Nagorno-Karabakh: Provided, That the restriction of this subsection and
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 the
``National Defense Authorization Act for Fiscal Year 1997'';
(2) 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.);
(3) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(4) any financing provided under the Export-Import Bank Act
of 1945 (12 U.S.C. 635 et seq.);
(5) any activity carried out by a member of the Foreign
Commercial Service while acting within his or her official
capacity; or
(6) humanitarian assistance.
(f) Of the funds made available under this heading for nuclear
safety activities, not to exceed 9 percent of the funds provided for
any single project may be used to pay for management costs incurred by
a United States national lab in administering said project.
(g) Of the funds appropriated under title II of this Act, including
funds appropriated under this heading, not less than $12,000,000 shall
be made available for assistance for Mongolia: Provided, That funds
made available for assistance for Mongolia may be made available in
accordance with the purposes and utilizing the authorities provided in
chapter 11 of part I of the Foreign Assistance Act of 1961.
(h) None of the funds appropriated under this heading may be made
available for Russia unless the President determines and certifies in
writing to the Committees on Appropriations that the Government of
Russia 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.
(i) None of the funds appropriated under this heading may be made
available for the Government of Russia, until the Secretary of State
certifies to the Committees on Appropriations that: (1) Russian armed
and peacekeeping forces deployed in Kosova have not established a
separate zone of operational control; and (2) any Russian armed and
peacekeeping forces deployed in Kosova are fully integrated under NATO
unified command and control arrangements.
Independent Agency
peace corps
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $220,000,000, 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, 2001.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $215,000,000: Provided, That of this amount not
less than $10,000,000 shall be made available for Law Enforcement
Training and Demand Reduction: Provided further, That of the funds made
available under this heading, in addition to any funds previously
appropriated for the International Law Enforcement Academy for the
Western Hemisphere, not less than $5,000,000 shall be made available to
establish and operate the International Law Enforcement Academy for the
Western Hemisphere at the deBremmond Training Center in Roswell, New
Mexico.
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, $610,000,000: Provided, That not more than $13,500,000 shall be
available for administrative expenses: Provided further, That not less
than $60,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in
Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $20,000,000, 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, $175,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support
Act for the Nonproliferation and Disarmament Fund, section 23 of the
Arms Export Control Act or the Foreign Assistance Act of 1961 for
demining activities, clearance of unexploded ordnance, 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): Provided, 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 countries other than the
New 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 of the funds appropriated under
this heading, $35,000,000 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:
Provided further, That of the funds appropriated under this heading up
to $40,000,000 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
notwithstanding any other provision of law, not to exceed $40,000,000
may be made available to the Korean Peninsula Energy Development
Organization only for the administrative expenses and heavy fuel oil
costs associated with the Agreed Framework: Provided further, That such
funds may be obligated to KEDO only if, thirty days prior to such
obligation of funds, the President certifies and so reports to Congress
that: (1)(A) the parties to the Agreed Framework are taking steps to
assure that progress is made on the implementation of the January 1,
1992, Joint Declaration on the Denuclearization of the Korean Peninsula
and the implementation of the North-South dialogue, and (B) North Korea
is complying with all provisions of the Agreed Framework between North
Korea and the United States and with the Confidential Minute; (2) North
Korea is cooperating fully in the canning and safe storage of all spent
fuel from its graphite-moderated nuclear reactors; (3) North Korea has
not significantly diverted assistance provided by the United States for
purposes for which it was not intended; (4) North Korea is not actively
pursuing the acquisition or development of a nuclear capability (other
than the light-water reactors provided for by the 1994 Agreed Framework
Between the United States and North Korea); and (5) North Korea is not
providing ballistic missiles or ballistic missile technology to a
country the government of which the Secretary of State has determined
is a terrorist government for the purposes of section 40(d) of the Arms
Export Control Act or any other comparable provision of law: Provided
further, That the President may waive the certification requirements of
the preceding proviso if the President determines that it is vital to
the national security interests of the United States: Provided further,
That no funds may be obligated for KEDO until 30 days after submission
to Congress of the waiver permitted under the preceding proviso:
Provided further, That the obligation of any funds for KEDO shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
submit to the appropriate congressional committees an annual report (to
be submitted with the annual presentation for appropriations) providing
a full and detailed accounting of the fiscal year request for the
United States contribution to KEDO, the expected operating budget of
the Korean Peninsula Energy Development Organization, to include unpaid
debt, proposed annual costs associated with heavy fuel oil purchases,
and the amount of funds pledged by other donor nations and
organizations to support KEDO activities on a per country basis, and
other related activities: Provided further, That the Director of
Central Intelligence will provide for review and consideration by the
House Permanent Select Committee on Intelligence, House International
Relations Committee, House National Security Committee, Senate
Appropriations Committee, Senate Select Committee on Intelligence,
Senate Foreign Relations Committee and Senate Armed Services Committee
all relevant intelligence bearing on North Korea's compliance with the
provisions of this proviso: Provided further, That such provision shall
occur not less than 45 days prior to the President's certification as
provided for under this heading: Provided further, That for the
purposes of this heading, the term intelligence includes National
Intelligence Estimates, Intelligence Memoranda, Findings and other
intelligence reports based on multiple sources or including the
assessment of more than one member of the Intelligence Community.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out section 129 of the Foreign
Assistance Act of 1961, relating to the Department of the Treasury
technical assistance program, $1,500,000, to remain available until
expended, which shall be available notwithstanding any other provision
of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct 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, through debt buybacks and swaps, owed to the United
States as a result of concessional loans made to eligible Latin
American and Caribbean countries, pursuant to part IV of the Foreign
Assistance Act of 1961, and of modifying concessional credit agreements
with least developed countries, as authorized under section 411 of the
Agriculture Trade and Assistance Act of 1954 as amended notwithstanding
during fiscal years 1999 and 2000 any limitation of subsection (e) of
that section to the extent that such limitations applies to sub-Saharan
African countries; and concessional loans, guarantees and credit
agreements with any country in sub-Saharan Africa, as authorized under
section 572 of the Foreign Operations, Export Financing and Related
Programs Act, 1989 (Public Law 100-461); $43,000,000, to remain
available until expended.
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, $50,000,000: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for grant financed military education and training for
Guatemala may only be available for expanded international military
education and training.
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,
$3,410,000,000: Provided, That of the funds appropriated under this
heading, not less than $1,920,000,000 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
thirty days of enactment of this Act or by October 31, 1999, whichever
is later: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by Israel and
the United States, be available for advanced weapons systems, of which
not less than 26.5 percent shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, not less than $75,000,000 shall be available for assistance
for Jordan: Provided further, That of the funds appropriated by this
paragraph, not less than $10,000,000 shall be made available for
assistance for Tunisia: Provided further, That during fiscal year 2000,
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 $6,000,000 under the
authority of this proviso for Tunisia for the purposes of part II of
the Foreign Assistance Act of 1961: 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 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,
subject to the regular notification procedures of the Committees on
Appropriations, funds made available under this heading for the cost of
direct loans may also be used to supplement the funds available under
this heading for grants, and funds made available under this heading
for grants may also be used to supplement the funds available under
this heading for the cost of direct loans: 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 $30,000,000 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 $330,000,000 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 2000
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.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $80,000,000: 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
the international bank for reconstruction and development
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $785,000,000, to remain available until
expended.
contribution to the global environment facility
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility, $25,000,000 to remain
available until expended, for contributions previously due.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $10,000,000 for the United States paid-in
share of the increase in capital stock, to remain available until
expended.
limitation on callable capital
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital stock in an
amount not to exceed $50,000,000.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, $25,610,667.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
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 $1,503,718,910.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,728,263, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank 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 $672,745,205.
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 Asia Development Bank Act, as amended, $50,000,000,
to remain available until expended, for contributions previously due.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $5,100,000 for the United States paid in share of the
increase in capital stock, 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.
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, $170,000,000:
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 of the funds appropriated under this
heading, not less than $25,000,000 shall be made available for the
United Nations Fund for Population Activities (UNFPA): Provided
further, That none of the funds appropriated under this heading that
are made available to UNFPA shall be made available for activities in
the People's Republic of China: Provided further, That with respect to
any funds appropriated under this heading that are made available to
UNFPA, UNFPA shall be required to maintain such funds in a separate
account and not commingle them with any other funds: Provided further,
That not less than $5,000,000 shall 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 of funds
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.
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, Antiterrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or
technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Sudan, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the Export-Import
Bank or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected Head
of Government is deposed by military coup or decree: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
deobligation/reobligation authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective
appropriations under such headings or until September 30, 2000,
whichever is later, and for the same general purpose, and for countries
within the same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Congress are notified
fifteen days in advance of the reobligation of such funds in accordance
with regular notification procedures of the Committees on
Appropriations.
(b) Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 2000.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, and 11 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic States'', shall remain available until
expended if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall designate
for each country, to the extent known at the time of submission of such
report, those funds allocated for cash disbursement for balance of
payment and economic policy reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any 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 such country by the United
States pursuant to a program for which funds are appropriated under
this Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
notification requirements
Sec. 515. For the purpose of providing the Executive Branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Development Assistance'', ``Debt
restructuring'', ``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 New 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'', the Inter-American
Foundation, the African Development Foundation, ``Peace Corps'',
``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 fifteen 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 per centum in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified fifteen
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 per centum 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 three 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.
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, 2001.
stingers in the persian gulf region
Sec. 517. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms
Export Control Act or chapter 2 of Part II of the Foreign Assistance
Act of 1961.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations: Provided, That none of the
funds made available under this Act may be used to lobby for or against
abortion.
funding for family planning
Sec. 519. In determining eligibility for assistance from funds
appropriated to carry out section 104 of the Foreign Assistance Act of
1961, non-governmental and multilateral organizations shall not be
subjected to requirements more restrictive than the requirements
applicable to foreign governments for such assistance.
el salvador report
Sec. 520. Not later than 45 days after the date of enactment of
this Act, the Attorney General shall provide a report to the Committees
on Appropriations describing in detail the circumstances under which
individuals involved in the December 2, 1980 murders or cover-up of the
murders of four American churchwomen in El Salvador obtained residence
in the United States.
special notification requirements
Sec. 521. None of the funds appropriated in this Act shall be
obligated or expended for Colombia, India, Haiti, Liberia, Pakistan,
Serbia, Sudan, or the Democratic Republic of Congo except as provided
through the regular notification procedures of the Committee on
Appropriations.
definition of program, project, and activity
Sec. 522. 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 thirty days of enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
child survival, aids, and other activities
Sec. 523. Up to $10,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival,
environment, basic education and AIDS, may be used to reimburse United
States Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services of such
individuals) detailed or assigned to, or contracted by, as the case may
be, the Agency for International Development for the purpose of
carrying out family planning activities, child survival, environment,
and basic education and health activities, including activities
relating to research on, and the prevention, treatment and control of
acquired immune deficiency syndrome or other diseases in developing
countries: Provided, 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 treatment and control of,
acquired immune deficiency syndrome may be made available
notwithstanding any provision of law that restricts assistance to
foreign countries: Provided further, That funds appropriated by this
Act that are made available for family planning activities may be made
available notwithstanding section 512 of this Act and section 620(q) of
the Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 524. 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.
designation of serbia as a terrorist state
Sec. 525. (a) Human Rights Violations.--
(1) Congressional determination.--Congress determines that
the Government of the Federal Republic of Yugoslavia is engaged
in a consistent pattern of gross violations of internationally
recognized human rights.
(2) Full enforcement of sanctions.--All provisions of law
that impose sanctions against a country whose government is
engaged in a consistent pattern of gross violations of
internationally recognized human rights shall be fully enforced
against the Federal Republic of Yugoslavia (other than
Montenegro and Kosova).
(b) Support for Terrorism.--
(1) In general.--
(A) Congressional determination.--Congress
determines that the Federal Republic of Yugoslavia
(other than Montenegro and Kosova) is a country which
has repeatedly engaged in acts of terrorism, a country
which grants sanctuary from prosecution to individuals
or groups which have committed an act of terrorism, and
a country which otherwise supports terrorism.
(B) Full enforcement of sanctions.--The provisions
of law specified in paragraph (2) and all other
provisions of law that impose sanctions against a
country which has repeatedly provided support for acts
of terrorists, which grants sanctuary from prosecution
to an individual or group which grants sanctuary from
prosecution to an individual or group which has
committed an act of terrorism, or which otherwise
supports terrorism shall be fully enforced against the
Federal Republic of Yugoslavia (other than Montenegro
and Kosova).
(2) Sanction laws specified.--The provisions of law
referred to in paragraph (1) are--
(A) section 40 of the Arms Export Control Act (22
U.S.C. 2780);
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 528 of this Act (and the corresponding
sections of predecessor foreign operations
appropriations Acts);
(D) section 555 of the International Security and
Development Cooperation Act of 1985; and
(E) section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. app. 2405(j)).
(c) Multilateral Cooperation.--Congress calls on the President to
seek multilateral cooperation--
(1) to deny dangerous technologies to the Federal Republic
of Yugoslavia (other than Montenegro and Kosova);
(2) to induce the Government of the Federal Republic of
Yugoslavia to respect internationally recognized human rights
(other than Montenegro and Kosova); and
(3) to induce the Government of the Federal Republic of
Yugoslavia to allow appropriate international humanitarian and
human rights organizations to have access to the Federal
Republic of Yugoslavia (other than Montenegro and Kosova).
(d) Federal Republic of Yugoslavia Defined.--The term ``Federal
Republic of Yugoslavia'' does not include Montenegro and Kosova.
notification on excess defense equipment
Sec. 526. 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 (c) 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. 527. 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.
prohibition on bilateral assistance to terrorist countries
Sec. 528. (a) Notwithstanding any other provision of law, 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 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 fifteen days before
the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the Committees
on Appropriations.
commercial leasing of defense articles
Sec. 529. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
competitive insurance
Sec. 530. 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.
distinguished development service award
Sec. 531. (a) Authority to Award.--The Chairman of the Senate
Appropriations Subcommittee on Foreign Operations, Export Financing,
and Related Programs, in consultation with the Ranking Minority Member
of the Subcommittee and the Administrator of the United States Agency
for International Development, may authorize the payment of a cash
award to, and incur necessary expense for the honorary recognition of,
a career or non-career employee of the Agency who through extraordinary
efforts makes a significant contribution to assisting developing
countries to meet the basic needs of their people.
(b) Selection Criteria.--The Chairman of the Senate Appropriations
Subcommittee on Foreign Operations, Export Financing, and Related
Programs, in consultation with the Ranking Minority Member of the
Subcommittee and the Administrator, shall prescribe the procedures for
identifying and considering persons eligible for the Distinguished
Development Service Award, and for selecting the recipient of the
award, consistent with the provisions of this section. Individuals who
are non-career members of the Senior Executive Service or the Senior
Foreign Service, or who are appointed under the authority of section
624 of this Act, are not eligible for the award authorized by this
section.
(c) Nature of Cash Award.--A cash award under this section--
(1) shall be in the amount of $10,000, and
(2) shall be in addition to the pay and allowances of the
recipient.
(d) Award in the Event of Death.--If a person selected for an award
under this section dies before being presented the award, the award may
be made to the person's family or to the person's representative, as
designated by the Administrator.
(e) Funding.--Awards to, and expenses for the honorary recognition
of, employees of the Agency under this section may be paid from funds
administered by the Agency that are made available to carry out the
provisions of this Act.
debt-for-development
Sec. 532. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
separate accounts
Sec. 533. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the Agency
for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing, or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4
of part II (as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the Agency for
International Development shall report on an annual basis as part of
the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapters 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (H.
Report No. 98-1159).
(3) Notification.--At least fifteen 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. 534. (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. 535. 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.
competitive pricing for sales of defense articles
Sec. 536. Direct costs associated with meeting a foreign customer's
additional or unique requirements will continue to be allowable under
contracts under section 22(d) of the Arms Export Control Act. Loadings
applicable to such direct costs shall be permitted at the same rates
applicable to procurement of like items purchased by the Department of
Defense for its own use.
authorities for the peace corps, international fund for agricultural
development, inter-american foundation and african development
foundation
Sec. 537. (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. 538. 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.
opic maritime fund
Sec. 539. (a) Section 6001 of Public Law 106-31 is repealed.
(b) The Overseas Private Investment Corporation shall establish a
$200,000,000 Maritime Fund within six months from the date of enactment
of this Act: Provided, That the Maritime Fund shall leverage United
States commercial maritime expertise to support international maritime
projects.
special authorities
Sec. 540. (a) Funds appropriated in title II of this Act that are
made available for Afghanistan, Lebanon, and for victims of war,
displaced children, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of Kosova, may be
made available notwithstanding any other provision of law: Provided,
That any such funds that are made available for Cambodia shall be
subject to the provisions of section 531(e) of the Foreign Assistance
Act of 1961 and section 906 of the International Security and
Development Cooperation Act of 1985.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities
and, subject to the regular notification procedures of the Committees
on Appropriations, energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 541. 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
(2) the President should--
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce publicly
the primary boycotts of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel as a confidence-
building measure;
(B) take into consideration the participation of
any recipient country in the primary boycott of Israel
and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when
determining whether to sell weapons to said county;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel; and
(D) encourage the allies and trading partners of
the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing
businesses that do comply.
anti-narcotics activities
Sec. 542. 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. 543. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
and 11 of part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and from funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'': Provided, That the President
shall take into consideration, in any case in which a restriction on
assistance would be applicable but for this subsection, whether
assistance in support of programs of nongovernmental organizations is
in the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance in
support of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of
the program to be assisted, the assistance to be provided, and the
reasons for furnishing such assistance: Provided further, That nothing
in this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) Public Law 480.--During fiscal year 2000, 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 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violate
internationally recognized human rights.
earmarks
Sec. 544. (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 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. 545. 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. 546. 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 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. 547. (a) To the maximum extent possible, assistance provided
under this Act should make full use of American resources, including
commodities, products, and services.
(b) It is the sense of the Congress that, to the greatest extent
practicable, all agriculture commodities, equipment and products
purchased with funds made available in this Act should be American-
made.
(c) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (b) by the Congress.
(d) The Secretary of the Treasury shall report to Congress annually
on the efforts of the heads of each Federal agency and the United
States directors of international financial institutions (as referenced
in section 514) in complying with this sense of Congress.
prohibition of payments to united nations members
Sec. 548. 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.
consulting services
Sec. 549. 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. 550. 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. 551. (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. 552. (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 per centum of the total unpaid fully
adjudicated parking fines and penalties owed to the District of
Columbia by such country as of the date of 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. 553. 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. 554. 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 sixty days after the date
of enactment of this Act, and every one hundred eighty days thereafter,
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. 555. Demining Equipment.--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. 556. 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. 557. 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 may be obligated or expended to pay
for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) 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. 558. (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 for a
Latin American country, 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
ad referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961.
authority to engage in debt buybacks or sales
Sec. 559. (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 per centum
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''.
limitation on assistance for haiti
Sec. 560. (a) Limitation.--Funds appropriated by this Act may be
made available for assistance for the central Government of Haiti only
if the President reports to the Committee on Appropriations and the
Committee on International Relations of the House of Representatives
and the Committee on Appropriations and the Committee on Foreign
Relations of the Senate that the Government of Haiti--
(1) has completed privatization of (or placed under long-
term private management or concession) three major public
entities including the completion of all required incorporating
documents, the transfer of assets, and the eviction of
unauthorized occupants of the land or facility;
(2) has re-signed or is implementing the bilateral
Repatriation Agreement with the United States and in the
preceding six months that the central Government of Haiti is
cooperating with the United States in halting illegal
emigration from Haiti;
(3) is conducting thorough investigations of extrajudicial
and political killings and has made substantial progress in
bringing to justice a person or persons responsible for one or
more extrajudicial or political killings in Haiti, and is
cooperating with United States authorities and with United
States-funded technical advisors to the Haitian National Police
in such investigations;
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial
guard, and any other public security entity or unit of Haiti
those individuals who are credibly alleged to have engaged in
or conspired to conceal gross violations of internationally
recognized human rights or credibly alleged to have engaged in
or conspired to engage in narcotics trafficking; and
(5) has ratified or is implementing the maritime counter-
narcotics agreements signed in October 1997.
(b) Availability of Electoral Assistance.--The limitation in
subsection (a) shall not apply to funds appropriated by this Act that
are made available to support elections in Haiti if the President
reports to the Congress that the central Government of Haiti:
(1) has achieved a transparent settlement of the contested
April 1997 elections; and
(2) has made concrete progress on the constitution of a
credible and competent provisional electoral council that is
acceptable to a broad spectrum of political parties and civic
groups.
(c) Exceptions.--The limitations in subsections (a) and (b) shall
not apply to the provision of--
(1) counter-narcotics assistance, support for the Haitian
National Police's Special Investigations Unit and anti-
corruption programs, the International Criminal Investigative
Assistance Program, and assistance in support of Haitian
customs and maritime officials;
(2) food assistance management and support;
(3) assistance for urgent humanitarian needs, such as
medical and other supplies and services in support of community
health services, schools, and orphanages; and
(4) not more than $3,000,000 for the development and
support of political parties and civic groups.
(d) Waiver.--At any time after 150 days from the date of enactment
of this Act, the Secretary of State may waive the requirements
contained in subsection (a)(1) if she reports to the Committees
specified in subsection (a) that the Government of Haiti has satisfied
the requirements of subsection (a)(1) with regard to one major public
entity and has satisfied the remaining requirements of subsection (a).
(e) Reports.--The Secretary of State shall provide to the
Committees specified in subsection (a) on a quarterly basis--
(1) in consultation with the Secretary of Defense and the
Administrator of the Drug Enforcement Administration, a report
on the status and number of United States personnel deployed in
and around Haiti on Department of Defense, Drug Enforcement
Administration, and United Nations missions, including displays
by functional or operational assignment for such personnel and
the cost to the United States of these operations; and
(2) the monthly reports, prepared during the previous
quarter, of the Organization of American States/United Nations
International Civilian Mission to Haiti (MICIVIH).
(f) Administration of Justice Assistance.--(1) The limitation in
subsection (a) shall not apply to funds appropriated under this Act
that are made available for the Ministry of Justice for the training of
judges if the President determines and reports 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 Haiti's Minister of
Justice--
(A) has demonstrated a commitment to the professionalism of
judicial personnel by consistently placing students graduated
by the Judicial School in appropriate judicial positions and
has made a commitment to share program costs associated with
the Judicial School; and
(B) is making progress in making the judicial branch in
Haiti independent from the executive branch.
(2) The limitation in subsection (a) shall not apply to funds to
support the training of prosecutors, judicial mentoring, legal
assistance, and case management.
requirement for disclosure of foreign aid in report of secretary of
state
Sec. 561. (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 1998.
(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)).
haiti
Sec. 562. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and
Coast Guard: Provided, That the authority provided by this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
limitation on assistance to 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 to believe 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.
cambodia
Sec. 564. The Secretary of the Treasury shall 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
Government of Cambodia, except loans to support basic human needs,
unless the Secretary of State has determined and reported to the
Committees on Appropriations that Cambodia has held free and fair
elections in which all political candidates were permitted freedom of
speech, assembly and equal access to the media and the Central Election
Commission was comprised of representatives from all parties; and the
Government has established a panel and begun the prosecution of Khmer
Rouge leaders including Ta Mok, Khieu Sampan, Nuon Chea, Ieng Sary, Ke
Pauk, and Duch.
limitations on transfer of military equipment to east timor
Sec. 565. In any agreement for the sale, transfer, or licensing of
any lethal equipment or helicopter for Indonesia entered into by the
United States pursuant to the authority of this Act or any other Act,
the agreement shall state that the items will not be used in East
Timor.
restrictions on voluntary contributions to united nations agencies
Sec. 566. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated or otherwise made available 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 or otherwise made available under 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.
restrictions on assistance to countries providing sanctuary to indicted
war criminals
Sec. 567. (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 canton described in subsection (e).
(b) Multilateral Assistance.--
(1) Prohibition.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to any
country or entity described in subsection (e).
(2) Notification.--Not less than 15 days before any vote in
an international financial institution regarding the extension
of financial or technical assistance or grants to any country
or entity described in subsection (e), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial
Services of the House of Representatives a written
justification for the proposed assistance, including an
explanation of the United States position regarding any such
vote, as well as a description of the location of the proposed
assistance by municipality, its purpose, and its intended
beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Multilateral Investment Guaranty
Agency, and the European Bank for Reconstruction and
Development.
(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 canton and a
nonsanctioned contiguous country, entity, or canton, if
the project is primarily located in and primarily
benefits the nonsanctioned country, entity, or canton
and if the portion of the project located in the
sanctioned country, entity, or canton 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; or
(G) direct lending to a non-sanctioned entity, or
lending passed on by the national government to a non-
sanctioned entity.
(H) assistance to the International Police Task
Force for the training of a civilian police force.
(2) Notification.--Every 30 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 canton 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
canton 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 a community within any
country, entity or canton described in subsection (e) if
competent authorities within that community are not complying
with the provisions of Article IX and Annex 4, Article II,
paragraph 8 of the Dayton Agreement relating to war crimes and
the Tribunal.
(e) Sanctioned Country, Entity, or Canton.--A sanctioned country,
entity, or canton 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) 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 canton 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 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 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; and
(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.
(g) 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 canton have
apprehended and transferred to the Tribunal all persons who have been
publicly indicted by the Tribunal.
(h) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-
Herzegovina, Croatia, Serbia, and Montenegro.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina and the Republika Srpska.
(3) Canton.--The term ``canton'' means the administrative
units in Bosnia and Herzegovina.
(4) 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.
(5) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia.
(i) 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 benefitting from any financial or technical
assistance or grants provided to any country or entity described in
subsection (e).
excess defense articles for certain european countries
Sec. 568. Section 105 of Public Law 104-164 (110 Stat. 1427) is
amended by striking ``1996 and 1997'' and inserting ``1999 and 2000''.
additional requirements relating to stockpiling of defense articles for
foreign countries
Sec. 569. (a) Value of Additions to Stockpiles.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking the following: ``$50,000,000 for
each of the fiscal years 1996 and 1997, $60,000,000 for fiscal year
1998, and'' and inserting in lieu thereof before the period at the end,
the following: ``and $60,000,000 for fiscal year 2000''.
(b) Requirements Relating to the Republic of Korea and Thailand.--
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended
by striking the following: ``Of the amount specified in subparagraph
(A) for each of the fiscal years 1996 and 1997, not more than
$40,000,000 may be made available for stockpiles in the Republic of
Korea and not more than $10,000,000 may be made available for
stockpiles in Thailand. Of the amount specified in subparagraph (A) for
fiscal year 1998, not more than $40,000,000 may be made available for
stockpiles in the Republic of Korea and not more than $20,000,000 may
be made available for stockpiles in Thailand.''; and at the end
inserting the following sentence: ``Of the amount specified in
subparagraph (A) for fiscal year 2000, not more than $40,000,000 may be
made available for stockpiles in the Republic of Korea and not more
than $20,000,000 may be made available for stockpiles in Thailand.''.
to prohibit foreign assistance to the government of russia should it
enact laws which would discriminate against minority religious faiths
in the russian federation
Sec. 570. (a) None of the funds appropriated under this Act may be
made available for the Government of Russian Federation, after 180 days
from the date of enactment of this Act, unless the President determines
and certifies in writing to the Committee 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. 571. (a) Funds made available in this Act to support programs
or activities 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 2000, 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 2001: 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.
aid to the government of the democratic republic of congo
Sec. 572. 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.
export financing transfer authorities
Sec. 573. Not to exceed 5 per centum of any appropriation other
than for administrative expenses made available for fiscal year 2000
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 per centum by any such transfer: Provided,
That the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
new independent states of the former soviet union
Sec. 574. (a) None of the funds appropriated under the heading
``Assistance for the New Independent States of the Former Soviet
Union'' shall be made available for assistance for a Government of the
New Independent States 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 New Independent States of the Former Soviet Union'' shall be
made available for assistance for a Government of the New Independent
States of the former Soviet Union if that government directs any action
in violation of the territorial integrity or national sovereignty of
any other new independent state, 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 New 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 New
Independent States of the Former Soviet Union'' shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance to the New
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 New
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 New Independent States of
the Former Soviet Union'' 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.
customs assistance
Sec. 575. Section 660(b) of the Foreign Assistance Act of 1961 is
amended by--
(1) striking the period at the end of paragraph (6) and in
lieu thereof inserting a semicolon; and
(2) adding the following new paragraph:
``(7) with respect to assistance provided to
customs authorities and personnel, including training,
technical assistance and equipment, for customs law
enforcement and the improvement of customs laws,
systems and procedures.''.
voluntary separation incentives for employees of the u.s. agency for
international development
Sec. 576. (a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the United States Agency for
International Development;
(2) the term ``Administrator'' means the Administrator,
United States Agency for International Development; and
(3) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by
the agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, or another retirement system for employees of the
agency;
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under the applicable retirement
system referred to in subparagraph (A);
(C) an employee who is to be separated
involuntarily for misconduct or unacceptable
performance, and to whom specific notice has been given
with respect to that separation;
(D) an employee who has previously received any
voluntary separation incentive payment by the
Government of the United States under this section or
any other authority and has not repaid such payment;
(E) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(F) any employee who, during the 24-month period
preceding the date of separation, received a
recruitment or relocation bonus under section 5753 of
title 5, United States Code, or who, within the 12-
month period preceding the date of separation, received
a retention allowance under section 5754 of such title
5.
(b) Agency Strategic Plan.--
(1) In general.--The Administrator, before obligating any
resources for voluntary separation incentive payments under
this section, shall submit to the Office of Management and
Budget a strategic plan outlining the intended use of such
incentive payments and a proposed organizational chart for the
agency once such incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, occupational category and grade
level;
(B) the number and amounts of voluntary separation
incentive payments to be offered;
(C) a description of how the agency will operate
without the eliminated positions and functions; and
(D) the time period during which incentives may be
paid.
(3) Approval.--The Director of the Office of Management and
Budget shall review the agency's plan and approve or disapprove
the plan and may make appropriate modifications in the plan
with respect to the coverage of incentives as described under
paragraph (2)(A), and with respect to the matters described in
paragraphs (2) (B) through (D).
(c) Authority To Provide Voluntary Separation Incentive Payments.--
(1) In general.--A voluntary separation incentive payment
under this section may be paid by the agency to employees of
such agency and only to the extent necessary to eliminate the
positions and functions identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment under this section--
(A) shall be paid in a lump sum after the
employee's separation;
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, United States Code,
if the employee were entitled to payment under
such section; or
(ii) an amount determined by the agency
head not to exceed $25,000;
(D) may not be made except in the case of any
employee who voluntarily separates (whether by
retirement or resignation) on or before December 31,
2000;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, the agency shall
remit to the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee of the agency
who is covered under subchapter III of chapter 83 or chapter 84
of title 5, United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--
(1) An individual who has received a voluntary separation
incentive payment under this section and accepts any employment
for compensation with the Government of the United States, or
who works for any agency of the Government of the United States
through a personal services contract, within 5 years after the
date of the separation on which the payment is based shall be
required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the
agency that paid the incentive payment.
(2) If the employment under paragraph (1) is with an
Executive agency (as defined by section 105 of title 5, United
States Code), the United States Postal Service, or the Postal
Rate Commission, the Director of the Office of Personnel
Management may, at the request of the head of the agency, waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(3) If the employment under paragraph (1) is with an entity
in the legislative branch, the head of the entity or the
appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.
(4) If the employment under paragraph (1) is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the only
qualified applicant for the position.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who has
received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of this
subsection, positions shall be counted on a full-time-
equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Regulations.--The Office of Personnel Management may prescribe
such regulations as may be necessary to implement this section.
limitation on assistance to the palestinian authority
Sec. 577. (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: Provided, That if such waiver is
exercised, such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of six
months at a time and shall not apply beyond twelve months after
enactment of this Act.
sanctions against serbia
Sec. 578. (a) Continuation of Executive Branch Sanctions.--The
sanctions listed in subsection (b) shall remain in effect until January
1, 2001, unless the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the Committees
on Appropriations and International Relations of the House of
Representatives a certification described in subsection (c).
(b) Applicable Sanctions.--
(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia-
Montenegro.
(2) The Secretary of State should instruct the United
States Ambassador to the Organization for Security and
Cooperation in Europe (OSCE) to block any consensus to allow
the participation of Serbia-Montenegro in the OSCE or any
organization affiliated with the OSCE.
(3) The Secretary of State should instruct the United
States Representative to the United Nations to vote against any
resolution in the United Nations Security Council to admit
Serbia-Montenegro to the United Nations or any organization
affiliated with the United Nations, to veto any resolution to
allow Serbia-Montenegro to assume the United Nations'
membership of the former Socialist Federal Republic of
Yugoslavia, and to take action to prevent Serbia-Montenegro
from assuming the seat formerly occupied by the Socialist
Federal Republic of Yugoslavia.
(4) The Secretary of State should instruct the United
States Permanent Representative on the Council of the North
Atlantic Treaty Organization to oppose the extension of the
Partnership for Peace program or any other organization
affiliated with NATO to Serbia-Montenegro.
(5) The Secretary of State should instruct the United
States Representatives to the Southeast European Cooperative
Initiative (SECI) to oppose and to work to prevent the
extension of SECI membership to Serbia-Montenegro.
(c) Certification.--A certification described in this subsection is
a certification that--
(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have successfully
negotiated the division of assets and liabilities and all other
succession issues following the dissolution of the Socialist
Federal Republic of Yugoslavia;
(2) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia and Herzegovina;
(3) the government of Serbia-Montenegro is fully
cooperating with and providing unrestricted access to the
International Criminal Tribunal for the former Yugoslavia,
including surrendering persons indicted for war crimes who are
within the jurisdiction of the territory of Serbia-Montenegro,
and with the investigations concerning the commission of war
crimes and crimes against humanity in Kosova;
(4) the government of Serbia-Montenegro is implementing
internal democratic reforms; and
(5) Serbian, Serbian-Montenegrin federal governmental
officials, and representatives of the ethnic Albanian community
in Kosova have agreed on, signed, and begun implementation of a
negotiated settlement on the future status of Kosova.
(d) Statement of Policy.--It is the sense of the Congress that the
United States should not restore full diplomatic relations with Serbia-
Montenegro until the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the Committees
on Appropriations and International Relations in the House of
Representatives the certification described in subsection (c).
(e) Exemption of Montenegro.--The sanctions described in subsection
(b)(1) should not apply to the government of Montenegro or Kosova.
(f) Definition.--The term ``international financial institution''
includes the International Monetary Fund, the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Multilateral
Investment Guaranty Agency, and the European Bank for Reconstruction
and Development.
(g) Waiver Authority.--
(1) The President may waive the application in whole or in
part, of any sanction described in subsection (b) if the
President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs or to achieve a negotiated settlement of the
conflict in Kosova that is acceptable to the parties.
(2) Such a wavier may only be effective upon certification
by the President to Congress that the United States has
transferred and will continue to transfer (subject to adequate
protection of intelligence sources and methods) to the
International Criminal Tribunal for the former Yugoslavia all
information it has collected in support of an indictment and
trial of President Slobodan Milosevic for war crimes, crimes
against humanity, or genocide.
(3) In the event of a waiver, within seven days the
President must report the basis upon which the waiver was made
to the Select Committee on Intelligence and the Committee on
Foreign Relations in the Senate, and the Permanent Select
Committee on Intelligence and the Committee on International
Relations in the House of Representatives.
clean coal technology
Sec. 579. (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 Environmental Facility, and activities funded from USAID's
Development Credit Authority.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000''.
Calendar No. 159
106th CONGRESS
1st Session
S. 1234
[Report No. 106-81]
_______________________________________________________________________
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2000, and for
other purposes.
_______________________________________________________________________
June 17, 1999
Read twice and placed on the calendar