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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        Federal Register a written justification for the proposed 
        assistance, including a description of the location of the 
        proposed assistance program or project by municipality, its 
        purpose, and the intended recipient of the assistance, 
        including the names of individuals, companies and their boards 
        of directors, and shareholders with controlling or substantial 
        financial interest in the program or project.
    (d) 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 (b).
            (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 community described in subsection (b), the Secretary of the 
        Treasury, in consultation with the Secretary of State, shall 
        provide to the appropriate Congressional committees 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, including the names of individuals with a 
        controlling or substantial financial interest in the project.
    (e) Exceptions.--Subject to subsection (f), subsections (c) and (d) 
shall not apply to the provision of--
            (1) humanitarian assistance;
            (2) assistance to nongovernmental organizations that 
        promote democracy and respect for human rights; and
            (3) assistance for cross border physical infrastructure 
        projects involving activities in both a sanctioned country, 
        entity, or community and a nonsanctioned contiguous country, 
        entity, or community, if the project is primarily located in 
        and primarily benefits the nonsanctioned country, entity, or 
        community and if the portion of the project located in the 
        sanctioned country, entity, or community is necessary only to 
        complete the project.
    (f) Further Limitations.--
            (1) Prohibition on direct assistance to publicly indicted 
        war criminals and other persons.--Notwithstanding subsection 
        (e) or subsection (g), 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 community described in subsection (b), for 
        any financial or technical assistance, grant, or loan that 
        would directly benefit a publicly indicted war criminal, any 
        person who aids or abets a publicly indicted war criminal to 
        evade apprehension, or any person who otherwise obstructs the 
        work of the Tribunal.
            (2) Certification.--At the end of each fiscal year, the 
        President shall certify to the appropriate congressional 
        committees that no assistance described in paragraph (1) 
        directly benefited any person described in that paragraph 
        during the preceding 12-month period.
    (g) Waiver.--The Secretary of State may waive the application of 
subsection (c) with respect to specified United States projects, or 
subsection (d) with respect to specified international financial 
institution programs or projects, in a sanctioned country or entity 
upon providing a written determination to the appropriate congressional 
committees that the government of the country or entity is doing 
everything within its power and authority to apprehend or aid in the 
apprehension of publicly indicted war criminals and is fully 
cooperating in the investigation and prosecution of war crimes.
    (h) Current Record of War Criminals and Sanctioned Countries, 
Entities, and Communities.--
            (1) In general.--The Secretary of State, acting through the 
        Ambassador at Large for War Crimes Issues, and after 
        consultation with the Director of Central Intelligence and the 
        Secretary of Defense, shall establish and maintain a current 
        record of the location, including the community, if known, of 
        publicly indicted war criminals and of sanctioned countries, 
        entities, and communities.
            (2) Report.--Beginning 30 days after the date of 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 
        community, if known, of publicly indicted war criminals and the 
        identity of countries, entities, and communities that are 
        failing to cooperate fully with the Tribunal.
            (3) 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.
    (j) Definitions.--As used in this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means 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.
            (2) Canton.--The term ``canton'' means the administrative 
        units in Bosnia and Herzegovina.
            (3) Community.--The term ``community'' means any canton, 
        district, opstina, city, town, or village.
            (4) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia, the Federal Republic of Yugoslavia 
        (Serbia-Montenegro), the Former Yugoslav Republic of Macedonia, 
        and Slovenia.
            (5) 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.
            (6) Entity.--The term ``entity'' refers to the Federation 
        of Bosnia and Herzegovina, the Republika Srpska, Brcko in 
        Bosnia, Serbia, Montenegro, and Kosova.
            (7) International financial institution.--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.
            (8) Publicly indicted war criminals.--The term ``publicly 
        indicted war criminals'' means persons indicted by the Tribunal 
        for crimes subject to the jurisdiction of the Tribunal.
            (9) Tribunal or international criminal tribunal for the 
        former yugoslavia.--The term ``Tribunal'' or the term 
        ``International Criminal Tribunal for the Former Yugoslavia'' 
        means the International Tribunal for the prosecution of persons 
        responsible for serious violations of international 
        humanitarian law committed in the Territory of the Former 
        Yugoslavia since 1991, as established by United Nations 
        Security Council Resolution 827 of May 25, 1993.

         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 

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