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tory prohibitions against abortion or involun carry out the provisions of section 316 of Public ing the estimated dollar amount of such assisttary sterilizations contained in this or any other Law 96-533.

ance, and an explanation of how the assistance Act.

PURCHASE OF AMERICAN-MADE EQUIPMENT AND furthers United States national interests. (b) PUBLIC LAW 480.-During fiscal year 2000,

PRODUCTS

WITHHOLDING OF ASSISTANCE FOR PARKING FINES restrictions contained in this or any other Act SEC. 545. (a) To the maximum extent possible,

OWED BY FOREIGN COUNTRIES with respect to assistance for a country shall

assistance provided under this Act should make SEC. 550. (a) IN GENERAL.-Of the funds made not be construed to restrict assistance under the full use of American resources, including com

available for a foreign country under part I of Agricultural Trade Development and Assistance modities, products, and services.

the Foreign Assistance Act of 1961, an amount Act of 1954: Provided, That none of the funds

(b) It is the sense of the Congress that, to the equivalent to 110 percent of the total unpaid appropriated to carry out title I of such Act and greatest extent practicable, all agriculture com

fully adjudicated parking fines and penalties made available pursuant to this subsection may

modities, equipment and products purchased owed to the District of Columbia by such counbe obligated or expended except as provided

with funds made available in this Act should be try as of the date of the enactment of this Act through the regular notification procedures of American-made.

shall be withheld from obligation for such counthe Committees on Appropriations.

(c) In providing financial assistance to, or en until the Secretary of State certifies and re(c) EXCEPTION.-This section shall not tering into any contract with, any entity using

ports in writing to the appropriate congressional apply

funds made available in this Act, the head of committees that such fines and penalties are (1) with respect to section 620 A of the Foreign

each Federal agency, to the greatest extent fully paid to the government of the District of Assistance Act or any comparable provision of

practicable, shall provide to such entity a notice Columbia. law prohibiting assistance to countries that supdescribing the statement made in subsection (b)

(b) DEFINITION.-For purposes of this section, port international terrorism; or by the Congress.

the term appropriate congressional commit(2) with respect to section 116 of the Foreign

(d) The Secretary of the Treasury shall report

teesmeans the Committee on Foreign Relations Assistance Act of 1961 or any comparable provito Congress annually on the efforts of the heads

and the Committee on Appropriations of the sion of law prohibiting assistance to countries

of each Federal agency and the United States Senate and the Committee on International Rethat violate internationally recognized human directors of international financial institutions

lations and the Committee on Appropriations of rights. (as referenced in section 514) in complying with

the House of Representatives.
EARMARKS
this sense of Congress.

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
SEC. 542. (a) Funds appropriated by this Act
PROHIBITION OF PAYMENTS TO UNITED NATIONS

WEST BANK AND GAZA which are earmarked may be reprogrammed for

SEC. 551. None of the funds appropriated by

MEMBERS other programs within the same account not

SEC. 546. None of the funds appropriated or

this Act may be obligated for assistance for the withstanding the earmark if compliance with made available pursuant to this Act for carrying

Palestine Liberation Organization for the West the earmark is made impossible by operation of out the Foreign Assistance Act of 1961, may be

Bank and Gaza unless the President has exerany provision of this or any other Act or, with

cised the authority under section 604(a) of the used to pay in whole or in part any assessments, respect to a country with which the United

Middle East Peace Facilitation Act of 1995 (title States has an agreement providing the United

arrearages, or dues of any member of the United
Nations

VI of Public Law 104-107) or any other legislaStates with base rights or base access in that

or, from funds appropriated by this Act to carry out chapter 1 of part I of the For

tion to suspend or make inapplicable section 307 country, if the President determines that the reeign Assistance Act of 1961, the costs for partici

of the Foreign Assistance Act of 1961 and that cipient for which funds are earmarked has sigpation of another country's delegation at inter

suspension is still in effect: Provided, That if nificantly reduced its military or economic co

the President fails to make the certification operation with the United States since enact

national conferences held under the auspices of
multilateral or international organizations.

under section 604(b)(2) of the Middle East Peace ment of the Foreign Operations, Export Financ

Facilitation Act of 1995 or to suspend the prohi

CONSULTING SERVICES ing, and Related Programs Appropriations Act,

bition under other legislation, funds appro1991; however, before exercising the authority of

SEC. 547. The expenditure of any appropria

priated by this Act may not be obligated for asthis subsection with regard to a base rights or tion under this Act for any consulting service

sistance for the Palestine Liberation Organizabase access country which has significantly rethrough procurement contract, pursuant to sec

tion for the West Bank and Gaza. duced its military or economic cooperation with tion 3109 of title 5, United States Code, shall be

WAR CRIMES TRIBUNALS DRAWDOWN the United States, the President shall consult limited to those contracts where such expendi

SEC. 552. If the President determines that with, and shall provide a written policy justures are a matter of public record and available

doing so will contribute to a just resolution of tification to the Committees on Appropriations: for public inspection, except where otherwise

charges regarding genocide or other violations Provided, That any such reprogramming shall provided under existing law, or under eristing

of international humanitarian law, the Presibe subject to the regular notification procedures Executive order pursuant to existing law.

dent may direct a drawdown pursuant to secof the Committees on Appropriations: Provided

PRIVATE VOLUNTARY ORGANIZATIONS

tion 552(c) of the Foreign Assistance Act of 1961, further, That assistance that is reprogrammed

DOCUMENTATION

as amended, of up to $30,000,000 of commodities pursuant to this subsection shall be made avail SEC. 548. None of the funds appropriated or

and services for the United Nations War Crimes able under the same terms and conditions as made available pursuant to this Act shall be Tribunal established with regard to the former originally provided.

available to a private voluntary organization Yugoslavia by the United Nations Security (b) In addition to the authority contained in which fails to provide upon timely request any Council or such other tribunals or commissions subsection (a), the original period of availability document, file, or record necessary to the audit as the Council may establish to deal with such of funds appropriated by this Act and adminis ing requirements of the Agency for Inter

violations, without regard to the ceiling limitatered by the Agency for International Develop national Development.

tion contained in paragraph (2) thereof: Proment that are earmarked for particular pro PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN vided, That the determination required under grams or activities by this or any other Act shall

MENTS THAT EXPORT LETHAL MILITARY EQUIP this section shall be in lieu of any determinabe extended for an additional fiscal year if the MENT TO COUNTRIES SUPPORTING INTER tions otherwise required under section 552(c): Administrator of such agency determines and

NATIONAL TERRORISM

Provided further, That 60 days after the date of reports promptly to the Committees on Appro SEC. 549. (a) None of the funds appropriated the enactment of this Act, and every 180 days priations that the termination of assistance to a

or otherwise made available by this Act may be thereafter, the Secretary of State shall submit a country or a significant change in cir

available to any foreign government which pro report to the Committees on Appropriations decumstances makes it unlikely that such ear

vides lethal military equipment to a country the scribing the steps the United States Government marked funds can be obligated during the origi

government of which the Secretary of State has is taking to collect information regarding alleganal period of availability: Provided, That such

determined is a terrorist government for pur tions of genocide or other violations of interearmarked funds that are continued available

poses of section 40(d) of the Arms Export Con national law in the former Yugoslavia and to for an additional fiscal year shall be obligated

trol Act. The prohibition under this section with furnish that information to the United Nations only for the purpose of such earmark.

respect to a foreign government shall terminate War Crimes Tribunal for the former Yugoslavia: CEILINGS AND EARMARKS

12 months after that government ceases to pro Provided further, That the drawdown made SEC. 543. Ceilings and earmarks contained in vide such military equipment. This section ap under this section for any tribunal shall not be this Act shall not be applicable to funds or au plies with respect to lethal military equipment construed as an endorsement or precedent for thorities appropriated or otherwise made avail provided under a contract entered into after Oc the establishment of any standing or permanent able by any subsequent Act unless such Act spe tober 1. 1997.

international criminal tribunal or court: Procifically so directs. Earmarks or minimum fund (b) Assistance restricted by subsection (a) or vided further, That funds made available for triing requirements contained in any other Act

any other similar provision of law, may be fur bunals other than Yugoslavia or Rwanda shall shall not be applicable to funds appropriated by nished if the President determines that fur be made available subject to the regular notifithis Act.

nishing such assistance is important to the na cation procedures of the Committees on ApproPROHIBITION ON PUBLICITY OR PROPAGANDA tional interests of the United States.

priations. SEC. 544. No part of any appropriation con (c) Whenever the waiver of subsection (b) is

LANDMINES tained in this Act shall be used for publicity or exercised, the President shall submit to the ap SEC. 553. Notwithstanding any other provision propaganda purposes within the United States propriate congressional committees a report with of law, demining equipment available to the not authorized before the date of the enactment respect to the furnishing of such assistance. Agency for International Development and the of this Act by the Congress: Provided, That not Any such report shall include a detailed expla Department of State and used in support of the to exceed $750,000 may be made available to nation of the assistance to be provided, includ clearance of landmines and unexploded ord

nance 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: Provided, That section 1365(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C., 2778 note) is amended by striking out During the five-year period beginning on October 23, 1992and inserting in lieu thereof "During the eleven-year period beginning on October 23, 1992'). RESTRICTIONS CONCERNING THE PALESTINIAN

AUTHORITY SEC. 554. None of the funds appropriated by this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 555. None of the funds appropriated or otherwise made available by this Act under the heading "International Military Education and Trainingor 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. COMPETITIVE PRICING FOR SALES OF DEFENSE

ARTICLES SEC. 556. Direct costs associated with meeting a foreign customer's additional or unique requirements will continue to be allowable under contracts under section 22(d) of the Arms Export Control Act. Loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the Department of Defense for its own use.

SPECIAL DEBT RELIEF FOR THE POOREST SEC. 557. (a) AUTHORITY TO REDUCE DEBT.The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of,

(1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961;

(2) credits extended or guarantees issued under the Arms Export Control Act; or

(3) any obligation or portion of such obligation 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 ID A-onlycountries.

(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. 558. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS.Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before January 1, 1995, pursuant to the Foreign Assistance Act of 1961, to the government of any eligible country as defined in section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, only for the purpose of facilitating

(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps, or

(B) a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support activities that link conservation and sustainable use of natural resources with local community development, and child survival and other child development, in 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) DEP SIT 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, debtfor-development swaps, or debt-for-nature swaps.

(e) AVAILABILITY OF FUNDS.-The authority provided by subsection (a) may be used only with regard to funds appropriated by this Act under the heading "Debt Restructuring".

ASSISTANCE FOR HAITI SEC. 559. (a) POLICY.In providing assistance to Haiti, the President should place a priority on the following areas:

(1) aggressive action to support the Haitian National Police, including support for efforts by the Inspector General to purge corrupt and politicized elements from the Haitian National Police;

(2) steps to ensure that any elections undertaken in Haiti with United States assistance are full, free, fair, transparent, and democratic;

(3) support for a program designed to develop an indigenous human rights monitoring capacity;

(4) steps to facilitate the continued privatization of state-owned enterprises;

(5) a sustainable agricultural development program; and

(6) establishment of an economic development fund for Haiti to provide long-term, low interest loans to United States investors and businesses that have a demonstrated commitment to, and expertise in, doing business in Haiti, in particular those businesses present in Haiti prior to the 1994 United Nations embargo.

(b) REPORT.-Beginning 6 months after the date of the enactment of this Act, and 6 months thereafter until September 30, 2001, the President 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 with regard to

(1) the status of each of the governmental institutions envisioned in the 1987 Haitian Constitution, including an assessment of the extent to which officials in such institutions hold their positions on the basis of a regular, constitutional process;

(2) the status of the privatization (or placement under long-term private management or concession) of the major public entities, including a detailed assessment of the extent to which the Government of Haiti has completed all required incorporating documents, the transfer of assets, and the eviction of unauthorized occupants from such facilities;

(3) the status of efforts to re-sign and implement the lapsed bilateral Repatriation Agree

a

[blocks in formation]

ment and an assessment of the extent to which advance of such payment that the United Na tions to work in opposition to, and vote against, the Government of Haiti has been cooperating tions is not engaged in any effort to implement any extension by such institutions of any finanwith the United States in halting illegal emigra or impose any taxation on United States persons cial or technical assistance or grants of any tion from Haiti;

in order to raise revenue for the United Nations kind to any country or entity described in sub(4) the status of the Government of Haiti's ef or any of its specialized agencies.

section (e). forts to conduct thorough investigations of (c) DEFINITIONS.-As used in this section the (2) NOTIFICATION.Not less than 15 days beextrajudicial and political killings and term United States personrefers to

fore any vote in an international financial insti(A) an assessment of the progress that has (1) a natural person who is a citizen or na tution regarding the extension of financial or been made in bringing to justice the persons re tional of the United States, or

technical assistance or grants to any country or sponsible for these extrajudicial or political (2) a corporation, partnership, or other legal entity described in subsection (e), the Secretary killings in Haiti; and

entity organized under the United States or any of the Treasury, in consultation with the Sec(B) an assessment of the extent to which the State, territory, possession, or district of the retary of State, shall provide to the Committee Government of Haiti is cooperating with United United States.

on Appropriations and the Committee on ForStates authorities and with United States-fund

HAITI

eign Relations of the Senate and the Committee ed technical advisors to the Haitian National

SEC. 562. The Government of Haiti shall be eli

on Appropriations and the Committee on BankPolice in such investigations,

gible to purchase defense articles and services ing and Financial Services of the House of Rep(5) an assessment of actions taken by the Govunder the Arms Export Control Act (22 U.S.C.

resentatives a written justification for the proernment of Haiti to remove and maintain the

2751 et seq.), for the civilian-led Haitian Na posed assistance, including an explanation of separation from the Haitian National Police, tional Police and Coast Guard: Provided, That

the United States position regarding any such national palace and residential guard, ministe

the authority provided by this section shall be vote, as well as a description of the location of rial guard, and any other public security entity subject to the regular notification procedures of

the proposed assistance by municipality, its puror unit of Haiti those individuals who are the Committees on Appropriations.

pose, and its intended beneficiaries. credibly alleged to have engaged in or conspired

(3) DEFINITION.The term international fiLIMITATION ON ASSISTANCE TO THE PALESTINIAN to conceal gross violations of internationally

nancial institutionincludes the International

AUTHORITY recognized human rights;

Monetary Fund, the International Bank for Re(6) the status of steps being taken to secure

SEC. 563. (a) PROHIBITION OF FUNDS.None of

construction and Development, the

the Interthe ratification of the maritime counter-narthe funds appropriated by this Act to carry out

national Development Association, the Intercotics agreements signed October 1997; the provisions of chapter 4 of part II of the For

national Finance Corporation, the Multilateral (7) an assessment of the extent to which doeign Assistance Act of 1961 may be obligated or

Investment Guaranty Agency, and the Euromestic capacity to conduct free, fair, democratic, expended with respect to providing funds to the

pean Bank for Reconstruction and DevelopPalestinian Authority. and administratively sound elections has been

ment. developed in Haiti; and

(b) WAIVER.The prohibition included in sub

(c) EXCEPTIONS. (8) an assessment of the extent to which Haisection (a) shall not apply if the President cer

(1) IN GENERAL.-Subject to paragraph (2), ti's Minister of Justice has demonstrated a comtifies in writing to the Speaker of the House of

subsections (a) and (b) shall not apply to the mitment to the professionalism of judicial perRepresentatives and the President pro tempore

provision ofsonnel by consistently placing students gradof the Senate that waiving such prohibition is

(A) humanitarian assistance; uated by the Judicial School in appropriate ju

important to the national security interests of (B) democratization assistance; dicial positions and has made a commitment to the United States.

(C) assistance for cross border physical infrashare program costs associated with the Judicial

(C) PERIOD OF APPLICATION OF WAIVER.Any structure projects involving activities in both a School, and is achieving progress in making the waiver pursuant to subsection (b) shall be effec

sanctioned country, entity, or municipality and judicial branch in Haiti independent from the tive for no more than a period of 6 months at a

a nonsanctioned contiguous country, entity, or executive branch.

time and shall not apply beyond 12 months after municipality, if the project is primarily located (c) EQUITABLE ALLOCATION OF FUNDS.Not the enactment of this Act.

in and primarily benefits the nonsanctioned more than 17 percent of the funds appropriated

LIMITATION ON ASSISTANCE TO SECURITY FORCES country, entity, or municipality and if the porby this Act to carry out the provisions of sec SEC. 564. None of the funds made available by tion of the project located in the sanctioned tions 103 through 106 and chapter 4 of part II of this Act may be provided to any unit of the se country, entity, or municipality is necessary the Foreign Assistance Act of 1961, that are

curity forces of a foreign country if the Sec only to complete the project; made available for Latin America and the Car retary of State has credible evidence that such (D) small-scale assistance projects or activities ibbean region may be made available, through unit has committed gross violations of human requested by United States Armed Forces that bilateral and Latin America and the Caribbean rights, unless the Secretary determines and re promote good relations between such forces and regional programs, to provide assistance for any ports to the Committees on Appropriations that the officials and citizens of the areas in the country in such region.

the government of such country is taking effec United States SFOR sector of Bosnia; REQUIREMENT FOR DISCLOSURE OF FOREIGN AID tive measures to bring the responsible members (E) implementation of the Brcko Arbitral Deci

sion; IN REPORT OF SECRETARY OF STATE

of the security forces unit to justice: Provided, SEC. 560. (a) FOREIGN AID REPORTING REThat nothing in this section shall be construed

(F) lending by the international financial inQUIREMENT.--In addition to the voting practices to withhold funds made available by this Act

stitutions to a country or entity to support comof a foreign country, the report required to be

mon monetary and fiscal policies at the national from any unit of the security forces of a foreign submitted to Congress under section 406(a) of

level as contemplated by the Dayton Agreement; country not credibly alleged to be involved in the Foreign Relations Authorization Act, fiscal gross violations of human rights: Provided fur

(G) direct lending to a non-sanctioned entity, years 1990 and 1991 (22 U.S.C. 2414a), shall inther, That in the event that funds are withheld

or lending passed on by the national governclude a side-by-side comparison of individual

from any unit pursuant to this section, the Sec ment to a non-sanctioned entity; or countries' overall support for the United States

(H) assistance to the International Police retary of State shall promptly inform the foreign at the United Nations and the amount of United government of the basis for such action and

Task Force for the training of a civilian police

force. States assistance provided to such country in

shall, to the maximum extent practicable, assist fiscal year 1999. the foreign government in taking effective meas

(2) NOTIFICATION.Every 60 days the Sec(b) UNITED STATES ASSISTANCE.- For purposes ures to bring the responsible members of the se

retary of State, in consultation with the Adminof this section, the term United States assist

istrator of the Agency for International Develcurity forces to justice.

opment, shall publish in the Federal Register ancehas the meaning given the term in section

LIMITATIONS ON TRANSFER OF MILITARY

and/or in a comparable publicly accessible docu481(e)(4) of the Foreign Assistance Act of 1961

EQUIPMENT TO EAST TIMOR

ment or Internet site, a listing and justification (22 U.S.C. 2291(e)(4)).

SEC. 565. In any agreement for the sale, trans

of any assistance that is obligated within that RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO fer, or licensing of any lethal equipment or heli

period of time for any country, entity, or muUNITED NATIONS AGENCIES copter for Indonesia entered into by the United

nicipality described in subsection (e), including SEC. 561. (a) PROHIBITION ON VOLUNTARY States pursuant to the authority of this Act or

a description of the purpose of the assistance, CONTRIBUTIONS FOR THE UNITED NATIONS.any other Act, the agreement shall state that

project and its location, by municipality. None of the funds appropriated by this Act may the items will not be used in East Timor.

(d) FURTHER LIMITATIONS.-Notwithstanding be made available to pay any voluntary con

RESTRICTIONS ON ASSISTANCE TO COUNTRIES PRO subsection (c)tribution of the United States to the United Na VIDING SANCTUARY TO INDICTED WAR CRIMI (1) no assistance may be made available by tions (including the United Nations Develop NALS

this Act, or any prior Act making appropriament Program) if the United Nations implements SEC. 566. (a) BILATERAL ASSISTANCE.None of tions for foreign operations, export financing or imposes any taxation on any United States the funds made available by this or any prior and related programs, in any country, entity, or persons.

Act making appropriations for foreign oper municipality described in subsection (e), for a (b) CERTIFICATION REQUIRED FOR DISBURSE ations, export financing and related programs, program, project, or activity in which a publicly MENT OF FUNDS.--None of the funds appro may be provided for any country, entity or mu indicted war criminal is known to have any fipriated by this Act may be made available to nicipality described in subsection (e).

nancial or material interest; and pay any voluntary contribution of the United (b) MULTILATERAL ASSISTANCE.

(2) no assistance (other than emergency foods States to the United Nations (including the (1) PROHIBITION.-The Secretary of the Treas or medical assistance or demining assistance) United Nations Development Program) unless ury shall instruct the United States executive may be made available by this Act, or any prior the President certifies to the Congress 15 days in directors of the international financial institu Act making appropriations for foreign oper

ations, export financing and related programs for any program, project, or activity in a community within any country, entity or municipality 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 MUNICIPALITY.-A sanctioned country, entity, or municipality described in this section is one whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to apprehend and transfer to the Tribunal all persons who have been publicly indicted by the Tribunal.

(f) SPECIAL RULE.-Subject to subsection (d), subsections (a) and (b) shall not apply to the provision of assistance to an entity that is not a sanctioned entity, notwithstanding that such entity may be within a sanctioned country, if the Secretary of State determines and so reports to the appropriate congressional committees that providing assistance to that entity would promote peace and internationally recognized human rights by encouraging that entity to cooperate fully with the Tribunal.

(g) CURRENT RECORD OF WAR CRIMINALS AND SANCTIONED COUNTRIES, ENTITIES, AND MUNICIPALITIES.

(1) IN GENERAL.--The Secretary of State shall establish and maintain a current record of the location, including the municipality, if known, of publicly indicted war criminals and a current record of sanctioned countries, entities, and municipalities.

(2) INFORMATION OF THE DCI AND THE SECRETARY OF DEFENSE.-The Director of Central Intelligence and the Secretary of Defense should collect and provide to the Secretary of State information concerning the location, including the municipality, of publicly indicted war criminals.

(3) INFORMATION OF THE TRIBUNAL.The Secretary of State shall request that the Tribunal and other international organizations and governments provide the Secretary of State information concerning the location, including the municipality, of publicly indicted war criminals and concerning country, entity and municipality authorities known to have obstructed the work of the Tribunal.

(4) REPORT.-Beginning 30 days after the date of the enactment of this Act, and not later than September 1 each year thereafter, the Secretary of State shall submit a report in classified and unclassified form to the appropriate congressional committees on the location, including the municipality, if known, of publicly indicted war criminals, on country, entity and municipality authorities known to have obstructed the work of the Tribunal, and on sanctioned countries, entities, and municipalities.

(5) INFORMATION TO CONGRESS.Upon the request of the chairman or ranking minority member of any of the appropriate congressional committees, the Secretary of State shall make available to that committee the information recorded under paragraph (1) in a report submitted to the committee in classified and unclassified form.

(h) WAIVER.

(1) IN GENERAL.-The Secretary of State may waive the application of subsection (a) or subsection (6) with respect to specified bilateral programs or international financial institution projects or programs in a sanctioned country, entity, or municipality upon providing a written determination to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives that such assistance directly supports the implementation of the Dayton Agreement and its Annexes, which include the obligation to apprehend and transfer indicted war criminals to the Tribunal.

(2) REPORT.-Not later than 15 days after the date of any written determination under paragraph (1) the Secretary of State shall submit a

report to the 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.

(3) ASSISTANCE PROGRAMS AND PROJECTS AFFECTED.-Any waiver made pursuant to this subsection shall be effective only with respect to a specified bilateral program or multilateral assistance project or program identified in the determination of the Secretary of State to congress.

(i) TERMINATION OF SANCTIONS.The sanctions imposed pursuant to subsections (a) and (b) with respect to a country or entity shall cease to apply only if the Secretary of State determines and certifies to Congress that the authorities of that country, entity, or municipality have apprehended and transferred to the Tribunal all persons who have been publicly indicted by the Tribunal.

(1) DEFINITIONS.--As used in this section

(1) COUNTRY.The term countrymeans Bosnia-Herzegovina, Croatia, and Serbia.

(2) ENTITY.-The term "entityrefers to the Federation of Bosnia and Herzegovina, Kosova, Montenegro, and the Republika Srpska.

(3) DAYTON AGREEMENT.The term Dayton Agreementmeans the General Framework Agreement for Peace in Bosnia and Herzegovina, together with annexes relating thereto, done at Dayton, November 10 through 16, 1995.

(4) TRIBUNAL.The term Tribunalmeans the International Criminal Tribunal for the Former Yugoslavia.

(k) ROLE OF HUMAN RIGHTS ORGANIZATIONS AND GOVERNMENT AGENCIES.-In carrying out this section, the Secretary of State, the Administrator of the Agency for International Development, and the executive directors of the international financial institutions shall consult with representatives of human rights organizations and all government agencies with relevant information to help prevent publicly indicted war criminals from benefiting from any financial or technical assistance or grants provided to any country or entity described in subsection (e). TO PROHIBIT FOREIGN ASSISTANCE TO THE GOV

ERNMENT OF THE RUSSIAN FEDERATION SHOULD IT ENACT LAWS WHICH WOULD DISCRIMINATE AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FEDERATION

SEC. 567. None of the funds appropriated under this Act may be made available for the Government of the Russian Federation, after 180 days from the date of the enactment of this Act, unless the President determines and certifies in writing to the Committees on Appropriations and the Committee on Foreign Relations of the Senate that the Government of the Russian Federation has implemented no statute, executive order, regulation or similar government action that would discriminate, or would have as its principal effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party.

GREENHOUSE GAS EMISSIONS SEC. 568. (a) Funds made available in this Act to support programs or activities the primary purpose of which is promoting or assisting country participation in the Kyoto Protocol to the Framework Convention on Climate Change (FCCC) shall only be made available subject to the regular notification procedures of the Committees on Appropriations.

(b) The President shall provide a detailed account of all Federal agency obligations and expenditures for climate change programs and ac

tivities, 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: Provided further, That such report shall identify with regard to the Agency for International Development, obligations and expenditures by country or central program and activity. EXCESS DEFENSE ARTICLES FOR CERTAIN

EUROPEAN COUNTRIES SEC. 569. Section 105 of Public Law 104–164 (110 Stat. 1427) is amended by striking "1996 and 1997and inserting 1999 and 2000. AID TO THE GOVERNMENT OF THE DEMOCRATIC

REPUBLIC OF CONGO SEC. 570. None of the funds appropriated or otherwise made available by this Act may be provided to the Central Government of the Democratic Republic of Congo.

ASSISTANCE FOR THE MIDDLE EAST SEC. 571. Of the funds appropriated by this Act under the headings "Economic Support Fund, Foreign Military Financing Program", "International Military Education and Training, Peacekeeping Operations, for refugees resettling in Israel under the heading Migration and Refugee Assistance, and for assistance for Israel to carry out provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 under the heading "Nonproliferation, Anti-Terrorism, Demining and Related Programs", not more than a total of $5,321,150,000 may be made available for Israel, Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the Multinational Force and Observers, the Middle East Regional Democracy Fund, Middle East Regional Cooperation, and Middle East Multilateral Working Groups: Provided, That any funds that were appropriated under such headings in prior fiscal years and that were at the time of the enactment of this Act obligated or allocated for other recipients may not during fiscal year 2000 be made available for activities that, if funded under this Act, would be required to count against this ceiling: Provided further, That funds may be made available notwithstanding the requirements of this section if the President determines and certifies to the Committees on Appropriations that it is important to the national security interest of the United States to do so and any such additional funds shall only be provided through the regular notification procedures of the Committees on Appropriations.

ENTERPRISE FUND RESTRICTIONS SEC. 572. Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.

CAMBODIA SEC. 573. (a) The Secretary of the Treasury should instruct the United States executive directors of the international financial institutions to use the voice and vote of the United States to oppose loans to the Central Government of Cambodia, except loans to support basic human needs.

(6) None of the funds appropriated by this Act may be made available for assistance for the Central Government of Cambodia.

CUSTOMS ASSISTANCE SEC. 574. Section 660(b) of the Foreign Assistance Act of 1961 is amended by

(1) striking the period at the end of paragraph (3) North Korea has terminated its nuclear (D) an employee who has previously received (6) and in lieu thereof inserting a semicolon; weapons program, including all efforts to ac any voluntary separation incentive payment by and

quire, develop, test, produce, or deploy such the Government of the United States under this (2) adding the following new paragraph: weapons, and

section or any other authority and has not re"(7) with respect to assistance provided to (4) the United States has made and is con paid such payment; customs authorities and personnel, including tinuing to make significant progress on elimi (E) an employee covered by statutory reemtraining, technical assistance and equipment, nating the North Korean ballistic missile threat, ployment rights who is on transfer to another for customs law enforcement and the improve

including further missile tests and its ballistic organization; or ment of customs laws, systems and procedures.. missile exports.

(F) any employee who, during the 24-month FOREIGN MILITARY TRAINING REPORT

(d) The President may waive the certification period preceding the date of separation, received SEC. 575. (a) The Secretary of Defense and the requirements of subsections (b) and (c) if the a recruitment or relocation bonus under section Secretary of State shall jointly provide to the President determines that it is vital to the na 5753 of title 5, United States Code, or who, withCongress by March 1, 2000, a report on all mili tional security interests of the United States and in the 12-month period preceding the date of tary training provided to foreign military per provides written policy justifications to the ap separation, received a retention allowance sonnel (excluding sales, and excluding training propriate congressional committees prior to his under section 5754 of such title 5. provided to the military personnel of countries exercise of such waiver. No funds may be obli (6) AGENCY STRATEGIC PLAN.belonging to the North Atlantic Treaty Organi gated for KEDO until 30 days after submission (1) IN GENERAL.-The Administrator, before zation) under programs administered by the De to Congress of such waiver.

obligating any resources for voluntary separapartment of Defense and the Department of (e) The Secretary of State shall submit to the tion incentive payments under this section, shall State during fiscal years 1999 and 2000, includ appropriate congressional committees a report submit to the Committees on Appropriations and ing those proposed for fiscal year 2000. This re (to be submitted with the annual presentation the Office of Management and Budget a straport shall include, for each such military train for appropriations) providing a full and detailed tegic plan outlining the intended use of such ining activity, the foreign policy justification and accounting of the fiscal year 2001 request for the centive payments and a proposed organizational purpose for the training activity, the cost of the United States contribution to KEDO, the ex chart for the agency once such incentive paytraining activity, the number of foreign students pected operating budget of the KEDO, to in ments have been completed. trained and their units of operation, and the lo clude unpaid debt, proposed annual costs asso (2) CONTENTS.-The agency's plan shall cation of the training. In addition, this report ciated with heavy fuel oil purchases, and the includeshall also include, with respect to United States amount of funds pledged by other donor nations (A) the positions and functions to be reduced personnel, the operational benefits to United and organizations to support KEDO activities or eliminated, identified by organizational unit, States forces derived from each such training on a per country basis, and other related activi geographic location, occupational category and activity and the United States military units in ties.

grade level; volved in each such training activity. This re

AFRICAN DEVELOPMENT FOUNDATION

(B) the number and amounts of voluntary sepport may include a classified annex if deemed SEC. 577. Funds made available to grantees of

aration incentive payments to be offered; necessary and appropriate, the African Development Foundation may be in

(C) a description of how the agency will oper(6) For purposes of this section a report to vested pending expenditure for project purposes

ate without the eliminated positions and funcCongress shall be deemed to mean a report to when authorized by the President of the Foun

tions, and the Appropriations and Foreign Relations Com dation: Provided, That interest earned shall be

(D) the time period during which incentives mittees of the Senate and the Appropriations used only for the purposes for which the grant

may be paid. and International Relations Committees of the was made: Provided further, That this authority

(3) APPROVAL.The Director of the Office of House of Representatives. applies to interest earned both prior to and fol

Management and Budget shall review the agenKOREAN PENINSULA ENERGY DEVELOPMENT lowing enactment of this provision: Provided

cy's plan and approve or disapprove the plan ORGANIZATION further, That notwithstanding section 505(a)(2)

and may make appropriate modifications in the SEC. 576. (a) Of the funds made available of the African Development Foundation Act, in

plan with respect to the coverage of incentives under the heading Nonproliferation, Anti-ter exceptional circumstances the board of directors

as described under paragraph (2)(A), and with rorism, Demining and Related Programs", not to of the Foundation may waive the $250,000 limi

respect to the matters described in paragraphs exceed $35,000,000 may be made available for the tation contained in that section with respect to

(2) (B) through (D). Korean Peninsula Energy Development Organi

(c) AUTHORITY TO PROVIDE VOLUNTARY SEPAa project: Provided further, that the Foundazation (hereafter referred to in this section as tion shall provide a report to the Committees on

RATION INCENTIVE PAYMENTS.KEDO), notwithstanding any other provision Appropriations in advance of exercising such

(1) IN GENERAL.-A voluntary separation inof law, only for the administrative expenses and waiver authority.

centive payment under this section may be paid heavy fuel oil costs associated with the Agreed

by the agency to employees of such agency and PROHIBITION ON ASSISTANCE TO THE PALESTINIAN Framework.

only to the extent necessary to eliminate the po

BROADCASTING CORPORATION (b) of the funds made available for KEDO, up

sitions and functions identified by the strategic

SEC. 578. None of the funds appropriated or to $15,000,000 may be made available prior to

plan. otherwise made available by this Act may be June 1, 2000, if, 30 days prior to such obligation

(2) AMOUNT AND TREATMENT OF PAYMENTS.-A used to provide equipment, technical support, of funds, the President certifies and so reports

voluntary separation incentive payment under consulting services, or any other form of assistto Congress that

this section, (1) the parties to the Agreed Framework have ance to the Palestinian Broadcasting Corpora

(A) shall be paid in a lump sum after the emtion. taken and continue to take demonstrable steps

ployee's separation; to

VOLUNTARY SEPARATION INCENTIVES FOR EMimplement the Joint Declaration on

(B) shall be paid from appropriations or funds

PLOYEES OF THE U.S. AGENCY FOR INTERDenuclearization of the Korean Peninsula in

available for the payment of the basic pay of the

NATIONAL DEVELOPMENT which the Government of North Korea has com

employees, mitted not to test, manufacture, produce, re

SEC. 579. (a) DEFINITIONS.For the purposes (C) shall be equal to the lesser of

of this sectionceive, possess, store, deploy, or use nuclear

(i) an amount equal to the amount the emweapons, and not to possess nuclear reprocess

(1) the term agencymeans the United ployee would be entitled to receive under section ing or uranium enrichment facilities;

States Agency for International Development; 5595(c) of title 5, United States Code, if the em(2) the parties to the Agreed Framework have

(2) the term Administratormeans the Ad ployee were entitled to payment under such sectaken and continue to take demonstrable steps

ministrator, United States Agency for Inter tion; or to pursue the North-South dialogue; national Development; and

(ii) an amount determined by the agency head (3) North Korea is complying with all provi

(3) the term employeemeans an employee not to exceed $25,000; sions of the Agreed Framework:

(as defined by section 2105 of title 5, United (D) may not be made except in the case of any (4) North Korea has not diverted assistance

States Code) who is employed by the agency, is employee who voluntarily separates (whether by provided by the United States for purposes for

serving under an appointment without time lim retirement or resignation) on or before December which it was not intended; and

itation, and has been currently employed for a 31, 2000; (5) North Korea is not seeking to develop or continuous period of at least 3 years, but does (E) shall not be a basis for payment, and shall acquire the capability to enrich uranium, or any not include

not be included in the computation, of any additional capability to reprocess spent nuclear (A) a reemployed annuitant under subchapter other type of Government benefit; and fuel.

III of chapter 83 or chapter 84 of title 5, United (F) shall not be taken into account in deter(c) Of the funds made available for KEDO, up States Code, or another retirement system for mining the amount of any severance pay to to $20,000,000 may be made available on or after employees of the agency;

which the employee may be entitled under secJune 1, 2000, if, 30 days prior to such obligation (B) an employee having a disability on the tion 5595 of title 5, United States Code, based on of funds, the President certifies and so reports basis of which such employee is or would be eli any other separation. to Congress that

gible for disability retirement under the applica (d) ADDITIONAL AGENCY CONTRIBUTIONS TO (1) the effort to can and safely store all spent ble retirement system referred to in subpara THE RETIREMENT FUND.fuel from North Korea's graphite-moderated nu graph (A);

(1) IN GENERAL.-In addition to any other clear reactors has been successfully concluded; (C) an employee who is to be separated invol payments which it is required to make under

(2) North Korea is complying with its obliga untarily for misconduct or unacceptable per subchapter III of chapter 83 or chapter 84 of tions under the agreement regarding access to formance, and to whom specific notice has been title 5, United States Code, the agency shall suspect underground construction; given with respect to that separation;

remit to the Office of Personnel Management for

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