Home > 106th Congressional Bills > H.R. 2606 (eh) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2000, and for other purposes. [Engrossed in House] ...

H.R. 2606 (eh) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2000, and for other purposes. [Engrossed in House] ...


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        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''.

                          assistance for haiti

    Sec. 560. (a) Sense of Congress.--It is the sense of Congress that, 
in providing assistance to Haiti, the President should place a priority 
on the following areas:
            (1) aggressive action to support the institution of the 
        Haitian National Police, including support for efforts by the 
        leadership and 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) a program designed to develop the indigenous human 
        rights monitoring capacity;
            (4) steps to facilitate the continued privatization of 
        state-owned enterprises; and
            (5) a sustained agricultural development program.
    (b) Report.--Beginning six months after the date of enactment of 
this Act, and six months thereafter, 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 whether or not these institutions and officials 
        hold 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 whether or not the 
        Government of Haiti has completed all required incorporating 
        documents, the transfer of assets, and the eviction of 
        unauthorized occupants of the land or facility;
            (3) the status of efforts to re-sign and implement the 
        lapsed bilateral Repatriation Agreement and an assessment of 
        whether or not the Government of Haiti has been cooperating 
        with the United States in halting illegal emigration from 
        Haiti;
            (4) the status of the Government of Haiti's efforts to 
        conduct thorough investigations of extrajudicial and political 
        killings and--
                    (A) an assessment of whether or not substantial 
                progress has been made in bringing to justice the 
                persons responsible for these extrajudicial or 
                political killings in Haiti, and
                    (B) an assessment of whether or not the Government 
                of Haiti is cooperating with United States authorities 
                and with United States-funded technical advisors to the 
                Haitian National Police in such investigations;
            (5) an assessment of whether or not the Government of Haiti 
        has taken action to remove and maintain the separation 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;
            (6) the status of steps being taken to secure the 
        ratification of the maritime counter-narcotics agreements 
        signed in October 1997;
            (7) an assessment of the degree to which domestic capacity 
        to conduct free, fair, democratic, and administratively sound 
        elections has been developed in Haiti; and
            (8) an assessment of whether or not Haiti's Minister of 
        Justice 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 is achieving progress in making the 
        judicial branch in Haiti independent from the executive branch.

  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, the Committee on Foreign Relations of the 
Senate, and the Committee on International Relations of the House, 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, entities, and communities in 
  the former yugoslavia providing sanctuary to publicly indicted war 
                               criminals

    Sec.  567. (a) Policy.--It shall be the policy of the United States 
to use bilateral and multilateral assistance to promote peace and 
respect for internationally recognized human rights by encouraging 
countries, entities, and communities in the territory of the former 
Yugoslavia to cooperate fully with the International Criminal Tribunal 
for the Former Yugoslavia--
            (1) by apprehending publicly indicted war criminals and 
        transferring custody of those individuals to the Tribunal to 
        stand trial; and
            (2) by assisting the Tribunal in the investigation and 
        prosecution of crimes subject to its jurisdiction.
    (b) Sanctioned Country, Entity, or Community.--
            (1) In general.--A sanctioned country, entity, or community 
        described in this section is one in which there is present a 
        publicly indicted war criminal or in which the Tribunal has 
        been hindered in efforts to investigate crimes subject to its 
        jurisdiction.
            (2) Special rule.--Subject to subsection (f), subsections 
        (c) and (d) shall not apply to the provision of assistance to 
        an entity that is not a sanctioned entity within a sanctioned 
        country, or to a community that is not a sanctioned community 
        within a sanctioned country or sanctioned entity, if the 
        Secretary of State determines and so reports to the appropriate 
        congressional committees that providing such assistance would 
        further the policy of subsection (a).
    (c) Bilateral Assistance.--
            (1) Prohibition.--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 community described in subsection (b).
            (2) Notification.--Not less than 15 days before any 
        assistance described in this subsection is disbursed to any 
        country, entity, or community described in subsection (b), the 
        Secretary of State, in consultation with the Administrator of 
        the Agency for International Development, shall publish in the 

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