[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2506 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 24, 2001.
Resolved, That the bill from the House of Representatives (H.R.
2506) entitled ``An Act making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 2002, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2002, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $727,323,000 to remain available until September 30,
2005: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until September 30, 2020 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years
2002, 2003, 2004, and 2005: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, or related programs for tied-aid
credits or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
East European country, any Baltic State or any agency or national
thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, $64,000,000: Provided, That necessary expenses
(including special services performed on a contract or fee basis, but
not including other personal services) in connection with the
collection of moneys owed the Export-Import Bank, repossession or sale
of pledged collateral or other assets acquired by the Export-Import
Bank in satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation of the
legal or technical aspects of any transaction for which an application
for a loan, guarantee or insurance commitment has been made, shall be
considered nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof shall
remain in effect until October 1, 2002.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $38,608,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
Such sums as may be necessary for administrative expenses to carry
out the credit program may be derived from amounts available for
administrative expenses to carry out the credit and insurance programs
in the Overseas Private Investment Corporation Noncredit Account and
merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $50,024,000, to remain available
until September 30, 2003.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2002, unless
otherwise specified herein, as follows:
united states agency for international development
child survival and health programs fund
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for child
survival, family planning/reproductive health, assistance to combat
tropical and other infectious diseases, and related activities, in
addition to funds otherwise available for such purposes,
$1,510,500,000, to remain available until expended: Provided, That this
amount shall be made available for such activities as: (1) immunization
programs; (2) oral rehydration programs; (3) health, nutrition, water
and sanitation programs, and related education programs; (4) assistance
for displaced and orphaned children; (5) programs for the prevention,
treatment, and control of, and research on, HIV/AIDS, tuberculosis,
malaria, polio and other infectious diseases; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for nonproject
assistance, except that funds may be made available for such assistance
for ongoing health programs: Provided further, That of the funds
appropriated under this heading, not to exceed $125,000, in addition to
funds otherwise available for such purposes, may be used to monitor and
provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further,
That the following amounts should be allocated as follows: $325,000,000
for child survival and maternal health; $25,000,000 for vulnerable
children; $450,000,000 for HIV/AIDS including $90,000,000 which may be
made available, notwithstanding any other provision of law, for a
United States contribution to a global fund to combat HIV/AIDS,
malaria, and tuberculosis, and not less than $15,000,000 which should
be made available to support the development of microbicides as a means
for combating HIV/AIDS; $185,000,000 for other infectious diseases, of
which not less than $65,000,000 should be made available for the
prevention, treatment, and control of, and research on, tuberculosis,
and of which not less than $65,000,000 should be made available to
combat malaria; $120,000,000 for UNICEF: Provided further, That of the
funds appropriated under this Act, not less than $450,000,000 shall be
made available to carry out the purposes of section 104(b) of the
Foreign Assistance Act of 1961, including in areas where population
growth threatens biodiversity or endangered species, of which not less
than $395,000,000 shall be made available from funds appropriated under
this heading and not less than $55,000,000 shall be made available from
funds appropriated under other headings in this title: Provided
further, That of the funds appropriated under this heading, up to
$50,500,000 may be made available for a United States contribution to
The Vaccine Fund, and up to $10,000,000 may be made available for the
International AIDS Vaccine Initiative: Provided further, That none of
the funds made available in this Act nor any unobligated balances from
prior appropriations may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That none of
the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions: Provided further, That none
of the funds made available under this Act may be used to lobby for or
against abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary
family planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not implement
or be subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators
for budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project
shall not deny any right or benefit, including the right of access to
participate in any program of general welfare or the right of access to
health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that might
render the use of the method inadvisable and those adverse side effects
known to be consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and devices and
medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
Administrator of the United States Agency for International Development
determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements contained in
paragraph (4) of this proviso, the Administrator shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, a report containing a description of such violation
and the corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations, export
financing, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance
Act of 1961, $1,245,000,000, to remain available until September 30,
2003: Provided, That $135,000,000 should be allocated for children's
basic education: Provided further, That none of the funds appropriated
under this heading may be made available for any activity which is in
contravention to the Convention on International Trade in Endangered
Species of Flora and Fauna: Provided further, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $35,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That of the aggregate amount of the funds
appropriated by this Act that are made available for agriculture and
rural development programs, $30,000,000 should be made available for
plant biotechnology research and development: Provided further, That
not less than $2,300,000 should be made available for core support for
the International Fertilizer Development Center: Provided further, That
of the funds appropriated under this heading, not less than $500,000
shall be made available for support of the United States
Telecommunications Training Institute: Provided further, That of the
funds appropriated under this heading, not less than $19,000,000 shall
be made available for the American Schools and Hospitals Abroad
program: Provided further, That, of the funds appropriated under this
heading, up to $100,000 should be made available for an assessment of
the causes of the flooding along the Volta River in Accra, Ghana, and
to make recommendations for solving the problem: Provided further,
That, of the funds appropriated under this heading or under ``Child
Survival and Health Programs Fund'', $5,000,000 should be made
available for activities in South and Central Asia aimed at
reintegrating ``child soldiers'' and other war-affected youth.
environment, clean energy, and energy conservation programs fund
Of the funds appropriated under the heading ``Development
Assistance'', not less than $295,000,000 should be made available for
programs and activities which directly protect tropical forests,
biodiversity and endangered species, promote the sustainable use of
natural resources, and promote a wide range of clean energy and energy
conservation activities, including the transfer of cleaner and
environmentally sustainable energy technologies, and related
activities: Provided, That of the funds appropriated by this Act, not
less than $175,000,000 should be made available to support policies and
actions in developing countries and countries in transition that
measure, monitor, report, verify, and reduce greenhouse gas emissions;
increase carbon sequestration activities; and enhance climate change
mitigation programs.
cyprus
Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available for Cyprus to
be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and promote
peace and cooperation between the two communities on Cyprus.
lebanon
Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $35,000,000 should be made available for Lebanon
to be used, among other programs, for scholarships and direct support
of the American educational institutions in Lebanon: Provided, That,
notwithstanding section 534(a) of this Act, none of the funds
appropriated under the heading ``Economic Support Fund'' may be made
available for assistance for the Central Government of Lebanon until
the Secretary of State determines and certifies to the Committees on
Appropriations that the Government of Lebanon has enforced the custody
and international pickup orders, issued during calendar year 2001, of
Lebanon's civil courts regarding abducted American children in Lebanon.
indonesia
Of the funds appropriated under the headings ``Economic Support
Fund'', ``Child Survival and Health Programs Fund'' and ``Development
Assistance'', not less than $135,000,000 should be made available for
Indonesia: Provided, That not less than $10,000,000 should be made
available for humanitarian, economic rehabilitation, and
reconstruction, political reconciliation, and related activities in
Aceh, Papua, West Timor, and Malukus: Provided further, That funds made
available in the previous proviso may be transferred to and merged with
the appropriation for Transition Initiatives.
burma
Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $6,500,000 shall be made available to support
democracy activities in Burma, democracy and humanitarian activities
along the Burma-Thailand border, and for Burmese student groups and
other organizations located outside Burma: Provided, That funds made
available for Burma-related activities under this heading may be made
available notwithstanding any other provision of law: Provided further,
That none of the funds appropriated by this Act may be used to provide
humanitarian assistance inside Burma by any individual, group, or
association unless the Secretary of State certifies and reports to the
Committees on Appropriations that the provision of such assistance
includes the direct involvement of the democratically elected National
League for Democracy: Provided further, That the provision of such
funds shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
Title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001, as enacted by section 101(a) of
Public Law 106-429, is amended, under the heading ``Burma'', by
inserting ``, `Child Survival and Disease Programs Fund','' after
``Fund''.
laos
Of the funds appropriated under the headings ``Child Survival and
Health Programs Fund'' and ``Development Assistance'', $5,000,000
should be made available for Laos: Provided, That funds made available
under this heading should be made available only through
nongovernmental organizations.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $245,000,000, to
remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $52,500,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees, up to
$25,000,000, as authorized by sections 108 and 635 of the Foreign
Assistance Act of 1961: Provided, That such funds shall be derived by
transfer from funds appropriated by this Act to carry out part I of the
Foreign Assistance Act of 1961, and under the heading ``Assistance for
Eastern Europe and the Baltic States'': Provided further, That such
funds shall be made available only for micro and small enterprise
programs, urban programs, and other programs which further the purposes
of part I of the Act: Provided further, That such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading. In addition, for administrative expenses
to carry out credit programs administered by the United States Agency
for International Development, $7,500,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the United States Agency for International Development: Provided
further, That funds appropriated under this heading shall remain
available until expended.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,880,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of section 667,
$549,000,000: Provided, That none of the funds appropriated under this
heading may be made available to finance the construction (including
architect and engineering services), purchase, or long term lease of
offices for use by the United States Agency for International
Development, unless the Administrator has identified such proposed
construction (including architect and engineering services), purchase,
or long term lease of offices in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of these
funds for such purposes: Provided further, That the previous proviso
shall not apply where the total cost of construction (including
architect and engineering services), purchase, or long term lease of
offices does not exceed $1,000,000: Provided further, That of the funds
appropriated under this heading, up to $10,000,000 may remain available
until expended for overseas facilities construction, leasing, and other
security-related costs.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of section 667,
$32,000,000, to remain available until September 30, 2003, which sum
shall be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,239,500,000, to remain available until September 30, 2003:
Provided, That of the funds appropriated under this heading, not less
than $720,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within 30 days of the enactment of this Act or by October 31, 2001,
whichever is later: Provided further, That not less than $655,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be
provided with the understanding that Egypt will undertake significant
economic reforms which are additional to those which were undertaken in
previous fiscal years, and of which not less than $160,000,000 shall be
provided as Commodity Import Program assistance: Provided further, That
in exercising the authority to provide cash transfer assistance for
Israel, the President shall ensure that the level of such assistance
does not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that Israel enters
into a side letter agreement in an amount proportional to the fiscal
year 1999 agreement: Provided further, That of the funds appropriated
under this heading, $150,000,000 shall be made available for assistance
for Jordan: Provided further, That of the funds appropriated under this
heading, not less than $25,000,000 shall be made available for
assistance for East Timor of which up to $1,000,000 may be transferred
to and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided further,
That of the funds appropriated under this heading, $12,000,000 should
be made available for Mongolia: Provided further, That up to
$10,000,000 of the funds appropriated under this heading may be used,
notwithstanding any other provision of law, to provide assistance to
the National Democratic Alliance of Sudan to strengthen its ability to
protect civilians from attacks, slave raids, and aerial bombardment by
the Sudanese Government forces and its militia allies, and the
provision of such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
in the previous proviso, the term ``assistance'' includes non-lethal,
non-food aid such as blankets, medicine, fuel, mobile clinics, water
drilling equipment, communications equipment to notify civilians of
aerial bombardment, non-military vehicles, tents, and shoes: Provided
further, That of the funds appropriated under this heading, not less
than $250,000 should be made available for assistance for the
Documentation Center of Cambodia: Provided further, That not later than
60 days after the enactment of this Act, the Secretary of State shall
report to the Committees on Appropriations on a 3-year funding strategy
for the Documentation Center of Cambodia.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $615,000,000, to remain available until
September 30, 2003, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States, of which not to exceed $28,000,000 shall
be available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and
guarantees for the Federal Republic of Yugoslavia: Provided, That funds
made available for assistance for Kosovo from funds appropriated under
this heading and under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' should not
exceed 15 percent of the total resources pledged by all donors for
calendar year 2002 for assistance for Kosovo as of March 31, 2002:
Provided further, That none of the funds made available under this Act
for assistance for Kosovo shall be made available for large scale
physical infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for an
Enterprise Fund may be deposited by such Fund in interest-bearing
accounts prior to the Fund's disbursement of such funds for program
purposes. The Fund may retain for such program purposes any interest
earned on such deposits without returning such interest to the Treasury
of the United States and without further appropriation by the Congress.
Funds made available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects and
activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
(d) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned or repaid
under such program) the Administrator of the United States Agency for
International Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(e) The provisions of section 529 of this Act shall apply to funds
made available under subsection (d) and to funds appropriated under
this heading: Provided, That notwithstanding any provision of this or
any other Act, including provisions in this subsection regarding the
application of section 529 of this Act, local currencies generated by,
or converted from, funds appropriated by this Act and by previous
appropriations Acts and made available for the economic revitalization
program in Bosnia may be used in Eastern Europe and the Baltic States
to carry out the provisions of the Foreign Assistance Act of 1961 and
the Support for East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs
in Bosnia and Herzegovina, if he determines and certifies to the
Committees on Appropriations that the Federation of Bosnia and
Herzegovina has not complied with article III of annex 1-A of the
General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
Iranian officials and Bosnian officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and the
FREEDOM Support Act, for assistance for the Independent States of the
former Soviet Union and for related programs, $795,500,000, to remain
available until September 30, 2003: Provided, That the provisions of
such chapters shall apply to funds appropriated by this paragraph:
Provided further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law, funds may
be used for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-Karabagh:
Provided further, That of the funds appropriated under this heading not
less than $20,000,000 shall be made available solely for the Russian
Far East.
(b) Of the funds appropriated under this heading, not less than
$180,000,000 should be made available for assistance for Ukraine:
Provided, That of this amount, not less than $35,000,000 should be made
available for nuclear reactor safety initiatives: Provided further,
That not later than 60 days after the date of enactment of this Act,
and 120 days thereafter, the Department of State shall submit to the
Committees on Appropriations a report on progress by the Government of
Ukraine in investigating and bringing to justice individuals
responsible for the murders of Ukrainian journalists.
(c) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia:
Provided, That of this amount, not less than $5,000,000 shall be made
available to support an education initiative in Armenia to provide
computer equipment and internet access to Armenian primary and
secondary schools.
(d) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Georgia, of
which not less than $3,000,000 should be made available for a small
business development project.
(e) Of the funds made available under this heading for nuclear
safety activities, not to exceed 8 percent of the funds provided for
any single project may be used to pay for management costs incurred by
a United States agency or national lab in administering said project.
(f)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federation,
60 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation:
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability;
(B) is cooperating with international efforts to
investigate allegations of war crimes and atrocities in
Chechnya;
(C) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya; and
(D) is in compliance with article V of the Treaty on
Conventional Armed Forces in Europe regarding forces deployed
in the flank zone in and around Chechyna.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(g) Of the funds appropriated under this heading, not less than
$45,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental and reproductive health, and to combat HIV/AIDS,
tuberculosis, and other infectious diseases, and for related
activities.
Independent Agencies
peace corps
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $275,000,000, including the purchase of not
to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2003.
inter-american foundation
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, and to make commitments without
regard to fiscal year limitations, as provided by 31 U.S.C. 9104(b)(3),
$13,106,950.
african development foundation
For expenses necessary to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533,
and to make commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104(b)(3), $16,542,000: Provided, That funds
made available to grantees may be invested pending expenditure for
project purposes when authorized by the President of the Foundation:
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That this
authority applies to interest earned both prior to and following
enactment of this provision: Provided further, That notwithstanding
section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with respect to
a project: Provided further, That the Foundation shall provide a report
to the Committees on Appropriations after each time such waiver
authority is exercised.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $217,000,000, to remain available until
expended: Provided, That any funds made available under this heading
for anti-crime programs and activities shall be made available subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That during fiscal year 2002, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of the funds
appropriated under this heading, not less than $10,000,000 should be
made available for anti-trafficking in persons programs, including
trafficking prevention, protection and assistance for victims, and
prosecution of traffickers: Provided further, That of the funds
appropriated under this heading, not more than $16,660,000 shall be
available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 solely to support counterdrug activities in the
Andean region of South America, $547,000,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not less than $101,000,000 shall be made available for Bolivia, and not
less than $35,000,000 shall be made available for Ecuador: Provided
further, That of the amount appropriated under this heading, not less
than $200,000,000 shall be apportioned directly to the United States
Agency for International Development, to be used for economic and
social programs: Provided further, That of the amount appropriated
under this heading, up to $2,000,000 should be made available to
support democracy-building activities in Venezuela: Provided further,
That funds appropriated by this Act that are used for the procurement
of chemicals for aerial coca fumigation programs may be made available
for such programs only if the Secretary of State, after consultation
with the Administrator of the Environmental Protection Agency and the
Director of the Centers for Disease Control and Prevention, determines
and reports to the Committees on Appropriations that (1) the chemicals
used in the aerial fumigation of coca, in the manner in which they are
being applied, do not pose an undue risk to human health or safety; (2)
that aerial coca fumigation is being carried out in accordance with
Colombian laws and regulations, and health, safety, and usage
procedures recommended by the Environmental Protection Agency, the
Centers for Disease Control and Prevention, and the manufacturers of
the chemicals; (3) effective mechanisms are being utilized to evaluate
claims of local citizens that their health was harmed or their licit
agricultural crops were damaged by such aerial coca fumigation, and to
provide fair compensation for meritorious claims; and (4) within 6
months of the date of enactment of this Act alternative development
programs have been developed, in consultation with communities and
local authorities in the departments in which such aerial coca
fumigation is planned, and in the departments in which such aerial coca
fumigation has been conducted, such programs are being implemented
within 6 months of the date of enactment of this Act: Provided further,
That section 482(b) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading that is
made available notwithstanding section 482(b) of the Foreign Assistance
Act of 1961, as amended, shall be made available subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That section 3204(b) of the Emergency Supplemental Act, 2000
(Public Law 106-246) shall be applicable to funds appropriated by this
Act: Provided further, That the President shall ensure that if any
helicopter procured with funds under this heading is used to aid or
abet the operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, That funds made available under
this heading shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That, in addition
to funds otherwise available for such purposes, of the funds
appropriated under this heading, not more than $14,240,000 shall be
available for administrative expenses of the Department of State, and
not more than $4,500,000 shall be available for administrative expenses
of the United States Agency for International Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $735,000,000, which shall remain available until expended:
Provided, That not more than $16,000,000 shall be available for
administrative expenses: Provided further, That not less than
$60,000,000 of the funds made available under this heading shall be
made available for refugees from the former Soviet Union and Eastern
Europe and other refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $15,000,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section
2(c)(2) of the Act which would limit the amount of funds which could be
appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $318,500,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO), and for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That the Secretary of State
shall inform the Committees on Appropriations at least 10 days prior to
the obligation of funds for the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That of this amount not to
exceed $14,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and disarmament:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security
interest of the United States to do so following consultation with the
appropriate committees of Congress: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading,
$40,000,000 should be made available for demining, clearance of
unexploded ordnance, and related activities: Provided further, That of
the funds made available for demining and related activities, not to
exceed $500,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of the demining program: Provided further,
That of the funds appropriated under this heading, $3,500,000 should be
made available to support the Small Arms Destruction Initiative.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961 (relating to international
affairs technical assistance activities), $6,000,000, to remain
available until expended, which shall be available notwithstanding any
other provision of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, and of modifying concessional credit agreements with least
developed countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as amended,
and concessional loans, guarantees and credit agreements, as authorized
under section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries that are
eligible for debt reduction pursuant to title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106-113, $235,000,000, to
remain available until expended: Provided, That not less than
$11,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961, and up to $14,000,000 of unobligated balance of
funds available under this heading from prior year appropriations acts
should be made available to carry out such provisions: Provided
further, That funds appropriated or otherwise made available under this
heading in this Act may be used by the Secretary of the Treasury to pay
to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered
by the International Bank for Reconstruction and Development amounts
for the benefit of countries that are eligible for debt reduction
pursuant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113: Provided further, That amounts paid
to the HIPC Trust Fund may be used only to fund debt reduction under
the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights
or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate
human and financial resources to that end: Provided further, That on
the basis of final appropriations, the Secretary of the Treasury shall
consult with the Committees on Appropriations concerning which
countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during
the fiscal year: Provided further, That the Secretary of the Treasury
shall inform the Committees on Appropriations not less than 15 days in
advance of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC Trust
Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(b) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That none of the funds made available under this heading in this or any
other appropriations Acts shall be made available for Sudan or Burma
unless the Secretary of Treasury determines and notifies the Committees
on Appropriations that a democratically elected government has taken
office: Provided further, That the authority provided by section 572 of
Public Law 100-461 may be exercised only with respect to countries that
are eligible to borrow from the International Development Association,
but not from the International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $75,000,000, of which up to
$5,000,000 may remain available until expended: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for military education and training for Zimbabwe, Indonesia and
Guatemala may only be available for expanded international military
education and training and funds made available for Zimbabwe, Cote
D'Ivoire, The Gambia, the Democratic Republic of the Congo, Algeria,
Indonesia and Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated by this paragraph, not less
than $600,000 shall be made available for assistance for Armenia.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,674,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,040,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act or by October 31, 2001, whichever is
later: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by Israel and
the United States, be available for advanced weapons systems, of which
not less than $535,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, not less than $75,000,000 shall be made available for
assistance for Jordan: Provided further, That of the funds appropriated
by this paragraph, not less than $10,000,000 shall be made available
for assistance for Tunisia: Provided further, That of the funds
appropriated by this paragraph, not less than $2,300,000 shall be made
available for assistance for Thailand: Provided further, That of the
funds appropriated by this paragraph, not less than $4,000,000 shall be
made available for assistance for Armenia: Provided further, That
during fiscal year 2002, the President is authorized to, and shall,
direct the draw-downs of defense articles from the stocks of the
Department of Defense, defense services of the Department of Defense,
and military education and training of an aggregate value of not less
than $5,000,000 under the authority of this proviso for Tunisia for the
purposes of part II of the Foreign Assistance Act of 1961 and any
amount so directed shall count toward meeting the earmark in the
preceding proviso: Provided further, That funds appropriated by this
paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That funds
made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan and Liberia: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision of law,
for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further, That
none of the funds appropriated under this heading shall be available
for assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$35,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $348,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2002 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year
2002 shall be transferred to an interest bearing account for Egypt in
the Federal Reserve Bank of New York within 30 days of enactment of
this Act or by October 31, 2001, whichever is later: Provided further,
That the ninth proviso under the heading ``Foreign Military Financing
Program'' in title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, as enacted by Public Law
106-429, is amended by inserting ``or 2002'' after ``2001''.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $140,000,000: Provided, That
none of the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $109,500,000, to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $775,000,000, to remain available until
expended: Provided, That in negotiating United States participation in
the next replenishment of the International Development Association,
the Secretary of the Treasury shall accord high priority to providing
the International Development Association with the policy flexibility
to provide new grant assistance to countries eligible for debt
reduction under the enhanced HIPC Initiative: Provided further, That
the Secretary of the Treasury shall instruct the United States
executive director to the International Bank for Reconstruction and
Development to vote against any water or sewage project in India that
does not prohibit the use of scavenger labor.
limitation on callable capital subscriptions
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital stock in an
amount not to exceed $50,000,000.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $20,000,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $103,017,050,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $5,100,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $79,991,500.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$100,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,778,717, for the United States
share of the paid-in portion of the increase in capital stock, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $20,000,000, to remain available until expended.
International Organizations and Programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $218,000,000:
Provided, That not less than a total of $18,000,000 should be made
available for the International Panel on Climate Change, the United
Nations Framework Convention on Climate Change, the World Conservation
Union, the International Tropical Timber Organization, the Convention
on International Trade in Endangered Species, the Ramsar Convention on
Wetlands, the Convention to Combat Desertification, the United Nations
Forum on Forests, and the Montreal Process on Criteria and Indicators
for Sustainable Forest Management: Provided further, That not less than
$6,000,000 should be made available to the World Food Program: Provided
further, That of the funds appropriated under this heading, not less
than $40,000,000 shall be made available for the United Nations Fund
for Population Activities (UNFPA): Provided further, That none of the
funds appropriated under this heading that are made available to UNFPA
shall be made available for activities in the People's Republic of
China: Provided further, That with respect to any funds appropriated
under this heading that are made available to UNFPA, UNFPA shall be
required to maintain such funds in a separate account and not commingle
them with any other funds: Provided further, That none of the funds
appropriated under this heading may be made available to the Korean
Peninsula Energy Development Organization (KEDO) or the International
Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
private and voluntary organizations
Sec. 502. (a) None of the funds appropriated or otherwise made
available by this Act for development assistance may be made available
to any United States private and voluntary organization, except any
cooperative development organization, which obtains less than 20
percent of its total annual funding for international activities from
sources other than the United States Government: Provided, That the
Administrator of the United States Agency for International
Development, after informing the Committees on Appropriations, may, on
a case-by-case basis, waive the restriction contained in this
subsection, after taking into account the effectiveness of the overseas
development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency.
(b) Funds appropriated or otherwise made available under title II
of this Act should be made available to private and voluntary
organizations at a level which is at least equivalent to the level
provided in fiscal year 1995.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the United States Agency for International Development during the
current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $2,000 shall be
available for entertainment expenses and not to exceed $100,000 shall
be available for representation allowances: Provided further, That of
the funds made available by this Act under the heading ``International
Military Education and Training'', not to exceed $50,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the funds made
available by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the heading ``Trade
and Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available (other
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or
technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Iraq, Libya,
North Korea, Iran, Sudan, or Syria, or to the government of any nation
which the President determines harbored or is harboring, or provided or
is providing financing for, individuals or organizations involved in
the September 11, 2001 terrorist attacks in the United States:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits,
insurance and guarantees of the Export-Import Bank or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to any country whose duly elected head
of government is deposed by decree or military coup: Provided, That
assistance may be resumed to such country if the President determines
and reports to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of the fiscal
year immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under
this Act: Provided, That the authority of this subsection may not be
used in fiscal year 2002.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
part I, section 667, chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, section 23 of the Arms Export Control Act, and
funds provided under the heading ``Assistance for Eastern Europe and
the Baltic States'', shall remain available for an additional four
years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before
the expiration of their respective periods of availability contained in
this Act: Provided further, That, notwithstanding any other provision
of this Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available until expended.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to the government of such
country by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines, following
consultations with the Committees on Appropriations, that assistance to
such country is in the national interest of the United States.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
notification requirements
Sec. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``Operating Expenses of
the United States Agency for International Development'', ``Operating
Expenses of the United States Agency for International Development
Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Foreign Military Financing
Program'', ``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be available
for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess
of the amount justified to the Appropriations Committees for obligation
under any of these specific headings unless the Appropriations
Committees of both Houses of Congress are previously notified 15 days
in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That this section shall not apply to any
reprogramming for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than 10 percent of
the amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2003.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that
are or have been made available for an Enterprise Fund in the
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise
Funds shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations
Acts under the heading ``Assistance for the Independent States of the
Former Soviet Union'' and under comparable headings in prior
appropriations Acts, for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
overseas private investment corporation and export-import bank
restrictions
Sec. 518. (a) Limitation on Use of Funds by OPIC.--None of the
funds made available in this Act may be used by the Overseas Private
Investment Corporation to insure, reinsure, guarantee, or finance any
investment in connection with a project involving the mining, polishing
or other processing, or sale of diamonds in a country that fails to
meet the requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--None of
the funds made available in this Act may be used by the Export-Import
Bank of the United States to guarantee, insure, extend credit, or
participate in an extension of credit in connection with the export of
any goods to a country for use in an enterprise involving the mining,
polishing or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(c) Requirements.--The requirements referred to in subsection (a)
and (b) are that the country concerned is implementing a system of
controls on the export and import of rough diamonds that--
(1) is consistent with United Nations General Assembly
Resolution 55/56 adopted on December 1, 2000.
(2) the President determines to be functionally equivalent
to the system of controls specified in subparagraph (1); or
(3) meets the requirements of an international agreement
which requires controls specified in subparagraph (1) and to
which the United States is a party.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2002, for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be used,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Burma, Colombia, Haiti, Liberia, Serbia,
Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic
Republic of the Congo except as provided through the regular
notification procedures of the Committees on Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central program level funding,
either as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of this
Act, as required by section 653(a) of the Foreign Assistance Act of
1961.
child survival and health activities
Sec. 522. Up to $15,500,000 of the funds made available by this Act
for assistance under the heading ``Child Survival and Health Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,500,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided further,
That funds appropriated by this Act that are made available for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law:
Provided further, That funds appropriated under title II of this Act
may be made available pursuant to section 301 of the Foreign Assistance
Act of 1961 if a primary purpose of the assistance is for child
survival and related programs.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance indirectly
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or Sudan, or to the government of any nation which the President
determines harbored or is harboring, or provided or is providing
financing for, individuals or organizations involved in the September
11, 2001 terrorist attacks in the United States, unless the President
of the United States certifies that the withholding of these funds is
contrary to the national interest of the United States.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
authorization requirement
Sec. 525. Funds appropriated by this Act, except funds appropriated
under the headings ``Peace Corps'' and ``Trade and Development
Agency'', may be obligated and expended notwithstanding section 10 of
Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
democracy programs
Sec. 526. Funds appropriated by this Act that are provided to the
National Endowment for Democracy may be made available notwithstanding
any other provision of law or regulation: Provided, That
notwithstanding any other provision of law, of the funds appropriated
by this Act to carry out provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961, not less than $10,000,000 shall be made
available for assistance for the People's Republic of China for
activities to support democracy, human rights, and the rule of law in
that country, of which not less than $5,000,000 should be made
available for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights and Labor, Department of State, for such
activities, and of which not to exceed $2,500,000 may be made available
to nongovernmental organizations located outside the People's Republic
of China to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation in
Tibetan communities in Tibet: Provided further, That notwithstanding
any other provision of law or regulation, funds appropriated by this or
any other Act making appropriations pursuant to part I of the Foreign
Assistance Act of 1961 that are available for the United States-Asia
Environmental Partnership, may be made available for activities in the
People's Republic of China: Provided further, That funds made available
pursuant to the authority of this section for programs, projects, and
activities in the People's Republic of China shall be subject to the
regular notification procedures of the Committees on Appropriations.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or local
currencies which accrue to that organization as a result of economic
assistance provided under title II of this Act and any interest earned
on such investment shall be used for the purpose for which the
assistance was provided to that organization.
separate accounts
Sec. 529. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local
currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The United States Agency for
International Development shall take all necessary steps to ensure that
the equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the United States
Agency for International Development shall report on an annual basis as
part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is
made available to the government of a foreign country, under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the
Committee of Conference accompanying House Joint Resolution 648 (House
Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of
the Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will be
used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the
notification procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 530. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 531. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign Assistance Act
of 1961 (including title IV of chapter 2 of part I, relating to the
Overseas Private Investment Corporation) or the Arms Export Control Act
may be used to provide assistance to any country that is not in
compliance with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the Congress
that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
authorities for the peace corps, international fund for agriculture
development, inter-american foundation and african development
foundation
Sec. 532. (a) Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for ``International Organizations and Programs''
in this or any other Act, including prior appropriations Acts, shall
not be construed to be applicable to the International Fund for
Agriculture Development.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(b) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
special authorities
Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of War,
Displaced Children, and Displaced Burmese.--Funds appropriated in
titles I and II of this Act that are made available for Afghanistan,
Lebanon, Montenegro, and for victims of war, displaced children, and
displaced Burmese, may be made available notwithstanding any other
provision of law: Provided, That any such funds that are made available
for Cambodia shall be subject to the provisions of section 531(e) of
the Foreign Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiversity
conservation activities and energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities and managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out the Foreign Assistance Act of 1961 may be made available
for personal services contractors assigned only to the Office of Health
and Nutrition; the Office of Procurement; the Bureau for Africa; the
Bureau for Latin America and the Caribbean; the Bureau for Asia and the
Near East; and for the Global Development Alliance initiative: Provided
further, That such funds appropriated to carry out title II of the
Agricultural Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the
national security interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Special Authority.--During fiscal year 2002, the President may
use up to $35,000,000 under the authority of section 451 of the Foreign
Assistance Act, notwithstanding the funding ceiling in section 451(a).
(f) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
policy on terminating the arab league boycott of israel and normalizing
relations with israel
Sec. 535. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel and should normalize their
relations with Israel;
(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and
disappointing;
(3) the fact that only three Arab countries maintain full
diplomatic relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal relations
with their neighbor Israel; and
(5) the President should--
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce publicly
the primary boycotts of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel and to normalize their
relations with Israel;
(B) take into consideration the participation of
any recipient country in the primary boycott of Israel
and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress annually on the specific
steps being taken by the United States and the progress
achieved to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have
commercial relations with Israel and to expand the
process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of
the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing
businesses that do comply.
administration of justice activities
Sec. 536. Of the funds appropriated or otherwise made available by
this Act for ``Economic Support Fund'', assistance may be provided to
strengthen the administration of justice in countries in Latin America
and the Caribbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961, except that
programs to enhance protection of participants in judicial cases may be
conducted notwithstanding section 660 of that Act. Funds made available
pursuant to this section may be made available notwithstanding section
534(c) and the second and third sentences of section 534(e) of the
Foreign Assistance Act of 1961.
eligibility for assistance
Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That the
President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovernmental
organizations is in the national interest of the United States:
Provided further, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2002, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
earmarks
Sec. 538. (a) Funds appropriated by this Act which are earmarked
may be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are earmarked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 539. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so
directs. Earmarks or minimum funding requirements contained in any
other Act shall not be applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 540. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $750,000 may be made available
to carry out the provisions of section 316 of Public Law 96-533.
purchase of american-made equipment and products
Sec. 541. To the maximum extent practicable, assistance provided
under this Act should make full use of American resources, including
commodities, products, and services.
prohibition of payments to united nations members
Sec. 542. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
nongovernmental organizations--documentation
Sec. 543. None of the funds appropriated or made available pursuant
to this Act shall be available to a nongovernmental organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the United States Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 544. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 545. (a) In General.--Of the funds made available for a
foreign country under part I of the Foreign Assistance Act of 1961, an
amount equivalent to 110 percent of the total unpaid fully adjudicated
parking fines and penalties owed to the District of Columbia and New
York City, New York by such country as of the date of the enactment of
this Act shall be withheld from obligation for such country until the
Secretary of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are fully paid
to the governments of the District of Columbia and New York City, New
York.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 546. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
war crimes tribunals drawdown
Sec. 547. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $35,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available for tribunals other than Yugoslavia or Rwanda shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
landmines
Sec. 548. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support of the
clearance of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the President may prescribe:
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 ``During the 11-year period beginning on October
23, 1992'' and inserting ``During the 16-year period beginning on
October 23, 1992''.
restrictions concerning the palestinian authority
Sec. 549. 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. 550. None of the funds appropriated or otherwise made
available by this Act under the heading ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Child Survival
and Health Programs Fund'', ``Development Assistance'', and ``Economic
Support Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
special debt relief for the poorest
Sec. 551. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 552. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only
for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its
own qualified debt, only if the eligible country uses
an additional amount of the local currency of the
eligible country, equal to not less than 40 percent of
the price paid for such debt by such eligible country,
or the difference between the price paid for such debt
and the face value of such debt, to support activities
that link conservation and sustainable use of natural
resources with local community development, and child
survival and other child development, in a manner
consistent with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition
of any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale, reduction,
or cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
haiti coast guard
Sec. 553. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the Coast Guard: Provided, That the authority
provided by this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance to the palestinian authority
Sec. 554. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with
respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security
interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
limitation on assistance to security forces
Sec. 555. None of the funds made available by this Act may be
provided to any unit of the security forces of a foreign country if the
Secretary of State has credible evidence that such unit has committed
gross violations of human rights, unless the Secretary determines and
reports to the Committees on Appropriations that the government of such
country is taking effective measures to bring the responsible members
of the security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by this Act
from any unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights: Provided
further, That in the event that funds are withheld from any unit
pursuant to this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and shall, to the
maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security
forces to justice.
greenhouse gas emissions report
Sec. 556. Not later than the date on which the President's fiscal
year 2003 budget request is submitted to Congress, the President shall
submit a report to the Committees on Appropriations describing in
detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2002, including 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;
(2) all fiscal year 2001 expenditures and fiscal year 2002
projected expenditures by the United States Agency for
International Development to assist developing countries and
countries in transition in adopting and implementing policies
to measure, monitor, report, verify, and reduce greenhouse gas
emissions, and to meet their responsibilities under the
Framework Convention on Climate Change;
(3) all funds requested for fiscal year 2003 by the United
States Agency for International Development to promote the
measurement, monitoring, reporting, verification, and reduction
of greenhouse gas emissions reductions, to promote the transfer
and deployment of United States clean energy technologies and
carbon capture and sequestration measures, and to develop
assessments of the vulnerability to impacts of climate change
and response strategies; and
(4) all fiscal year 2002 obligations and expenditures by
the United States Agency for International Development for
climate change programs and activities by country or central
program and activity.
zimbabwe
Sec. 557. The Secretary of the Treasury shall instruct the United
States executive director to each international financial institution
to vote against any extension by the respective institution of any
loans, to the Government of Zimbabwe, except to meet basic human needs
or to promote democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of law has
been restored in Zimbabwe, including respect for ownership and title to
property, freedom of speech and association.
central america relief and reconstruction
Sec. 558. Funds made available to the Comptroller General pursuant
to title I, chapter 4 of Public Law 106-31, to monitor the provision of
assistance to address the effects of hurricanes in Central America and
the Caribbean and the earthquake in Colombia, shall also be available
to the Comptroller General to monitor earthquake relief and
reconstruction efforts in El Salvador.
enterprise fund restrictions
Sec. 559. 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. 560. (a) 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 Central Government of Cambodia, except loans to meet basic
human needs.
(b)(1) None of the funds appropriated by this Act may be made
available for assistance for the Central Government of Cambodia unless
the Secretary of State determines and reports to the Committees on
Appropriations that the Central Government of Cambodia--
(A) is making significant progress in resolving outstanding
human rights cases, including the 1994 grenade attack against
the Buddhist Liberal Democratic Party, and the 1997 grenade
attack against the Khmer Nation Party;
(B) has held local elections that are deemed free and fair
by international and local election monitors; and
(C) is making significant progress in the protection,
management, and conservation of the environment and natural
resources, including in the promulgation and enforcement of
laws and policies to protect forest resources.
(2) A determination by the Secretary of State under paragraph (1)
shall cease to be effective if it becomes known to the Secretary that
the Central Government of Cambodia is no longer making significant
progress under subparagraph (A) or (C).
(3) In the event the Secretary of State makes the determination
under paragraph (1), assistance may be made available to the Central
Government of Cambodia only through the regular notification procedures
of the Committees on Appropriations.
(c) Notwithstanding subsection (b) of this section or any other
provision of law, funds appropriated by this Act may be made available
for assistance to the Government of Cambodia's Ministry of Women and
Veteran's Affairs to combat human trafficking, subject to the regular
notification procedures of the Committees on Appropriations.
foreign military training report
Sec. 561. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by March 1, 2002, a report on all
military training provided to foreign military personnel (excluding
sales, and excluding training provided to the military personnel of
countries belonging to the North Atlantic Treaty Organization) under
programs administered by the Department of Defense and the Department
of State during fiscal years 2001 and 2002, including those proposed
for fiscal year 2002. This report shall include, for each such military
training activity, the foreign policy justification and purpose for the
training activity, the cost of the training activity, the number of
foreign students trained and their units of operation, and the location
of the training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United
States military units involved in each such training activity. This
report may include a classified annex if deemed necessary and
appropriate.
(b) For purposes of this section a report to Congress shall be
deemed to mean a report to the Appropriations and Foreign Relations
Committees of the Senate and the Appropriations and International
Relations Committees of the House of Representatives.
korean peninsula energy development organization
Sec. 562. (a) Of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
not to exceed $95,000,000 may be made available for the Korean
Peninsula Energy Development Organization (hereafter referred to in
this section as ``KEDO''), notwithstanding any other provision of law,
only for the administrative expenses and heavy fuel oil costs
associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 15 days
prior to such obligation of funds, the President certifies and so
reports to Congress that--
(1) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to implement the Joint
Declaration on Denuclearization of the Korean Peninsula;
(2) North Korea is complying with all provisions of the
Agreed Framework; and
(3) the United States is continuing to make significant
progress on eliminating the North Korean ballistic missile
threat, including further missile tests and its ballistic
missile exports.
(c) The President may waive the certification requirements of
subsection (b) if the President determines that it is vital to the
national security interests of the United States and provides written
policy justifications to the appropriate congressional committees. No
funds may be obligated for KEDO until 15 days after submission to
Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a full and
detailed accounting of the fiscal year 2003 request for the United
States contribution to KEDO, the expected operating budget of KEDO,
proposed annual costs associated with heavy fuel oil purchases,
including unpaid debt, and the amount of funds pledged by other donor
nations and organizations to support KEDO activities on a per country
basis, and other related activities.
(e) The final proviso under the heading ``International
Organizations and Programs'' in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107) is repealed.
colombia
Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this
Act or prior Acts making appropriations for foreign operations, export
financing, and related programs, may be made available for assistance
for the Colombian Armed Forces only if the Secretary of State has made
the determination and certification contained in subsection (b).
(b) Determination and Certification.--The determination and
certification referred to in subsection (a) is a determination by the
Secretary of State and a certification to the appropriate congressional
committees that--
(1) the Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, of whatever
rank, who have been credibly alleged to have committed gross
violations of human rights, including extra-judicial killings,
or to have aided or abetted paramilitary groups, and is
providing to civilian prosecutors and judicial authorities
requested information, including the identity of the person
suspended and the nature and cause of the suspension;
(2) the Colombian Armed Forces are cooperating with
civilian prosecutors and judicial authorities (including
providing unimpeded access to witnesses and relevant military
documents and other information), in prosecuting and punishing
in civilian courts those members of the Colombian Armed Forces,
of whatever rank, who have been credibly alleged to have
committed gross violations of human rights, including extra-
judicial killings, or to have aided or abetted paramilitary
groups; and
(3) the Colombian Armed Forces are taking effective
measures to sever links (including by denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation), at the command, battalion, and brigade levels,
with paramilitary groups, and to execute outstanding arrest
warrants for members of such groups.
(c) Consultative Process.--Ten days prior to making the
determination and certification required by this section, and every 120
days thereafter, the Secretary of State shall consult with
internationally recognized human rights organizations regarding
progress in meeting the conditions contained in subsection (b).
(d) Report.--One hundred and twenty days after the enactment of
this Act, and every 120 days thereafter, the Secretary of State shall
submit a report to the Committees on Appropriations describing actions
taken by the Colombian Armed Forces to meet the requirements set forth
in subparagraphs (b)(1) through (3); and
(e) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the
activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
illegal armed groups
Sec. 564. (a) Denial of Visas to Supporters of Colombian Illegal
Armed Groups.--Subject to subsection (b), the Secretary of State shall
not issue a visa to any alien who the Secretary determines, based on
credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
including taking actions or failing to take actions which
allow, facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa to the
alien is necessary to support the peace process in Colombia or for
urgent humanitarian reasons.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 565. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
iraq
Sec. 566. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may be made
available for programs benefitting the Iraqi people and to support
efforts to bring about a democratic transition in Iraq: Provided, That
not more than 15 percent of the funds may be used for administrative
and representational expenses, including expenditures for salaries,
office rent and equipment: Provided further, That not later than 60
days after the date of enactment of this Act, the Secretary of State
shall consult with the Committees on Appropriations regarding plans for
the expenditure of funds under this section: Provided further, That
funds made available under this heading are made available subject to
the regular notification procedures of the Committees on
Appropriations.
west bank and gaza program
Sec. 567. For fiscal year 2002, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the appropriate committees of
Congress that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
indonesia
Sec. 568. (a) Funds appropriated by this Act under the headings
``International Military Education and Training'' and ``Foreign
Military Financing Program'' may be made available for assistance for
Indonesian Ministry of Defense or military personnel only if the
President determines and submits a report to the appropriate
congressional committees that the Government of Indonesia and the
Indonesian Armed Forces are--
(1) taking effective measures to bring to justice members
of the armed forces and militia groups against whom there is
credible evidence of human rights violations in East Timor and
Indonesia, including imposing just punishment for those
involved in the murders of American citizen Carlos Caceres and
two other United Nations humanitarian workers in West Timor on
September 6, 2000;
(2) taking effective measures to bring to justice members
of the armed forces against whom there is credible evidence of
aiding or abetting militia groups in East Timor and Indonesia;
(3) allowing displaced persons and refugees to return home
to East Timor, including providing safe passage for refugees
returning from West Timor;
(4) not impeding the activities of the United Nations
Transitional Authority in East Timor;
(5) demonstrating a commitment to preventing incursions
into East Timor by members of militia groups in West Timor;
(6) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members of
the armed forces and militia groups responsible for human
rights violations in East Timor and Indonesia;
(7) demonstrating a commitment to civilian control of the
armed forces by reporting to civilian authorities audits of
receipts and expenditures of the armed forces;
(8) allowing United Nations and other international
humanitarian and human rights workers and observers unimpeded
access to West Timor, Aceh, West Papua, and Maluka; and
(9) releasing political detainees.
restrictions on assistance to governments destabilizing sierra leone
Sec. 569. (a) None of the funds appropriated by this Act may be
made available for assistance for the government of any country for
which the Secretary of State determines there is credible evidence that
such government has provided lethal or non-lethal military support or
equipment, directly or through intermediaries, within the previous 6
months to the Sierra Leone Revolutionary United Front (RUF), Liberian
Armed Forces, or any other group intent on destabilizing the
democratically elected government of the Republic of Sierra Leone.
(b) None of the funds appropriated by this Act may be made
available for assistance for the government of any country for which
the Secretary of State determines there is credible evidence that such
government has aided or abetted, within the previous 6 months, in the
illicit distribution, transportation, or sale of diamonds mined in
Sierra Leone.
(c) None of the funds appropriated by this Act may be made
available for assistance for the government of any country for which
the Secretary of State determines there is credible evidence that such
government has knowingly facilitated the safe passage of weapons or
other equipment to the RUF, Liberian security forces, or any other
group intent on destabilizing the democratically elected government of
the Republic of Sierra Leone.
(d) Whenever the prohibition on assistance required under
subsection (a), (b) or (c) is exercised, the Secretary of State shall
notify the Committees on Appropriations in a timely manner.
voluntary separation incentives
Sec. 570. Section 579(c)(2)(D) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, as enacted by
section 1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public
Law 106-113), as amended, is amended by striking ``December 31, 2001''
and inserting in lieu thereof ``December 31, 2002''.
american churchwomen and other citizens in el salvador and guatemala
Sec. 571. (a) To the fullest extent possible information relevant
to the December 2, 1980, murders of four American churchwomen in El
Salvador, and the May 5, 2001, murder of Sister Barbara Ann Ford and
the murders of six other American citizens in Guatemala since December
1999, should be investigated and made public.
(b) The Department of State is urged to pursue all reasonable
avenues in assuring the collection and public release of information
pertaining to the murders of the six American citizens in Guatemala.
(c) The President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess relevant
information, to expeditiously declassify and release to the victims'
families such information.
(d) In making determinations concerning declassification and
release of relevant information, all Federal agencies and departments
shall presume in favor of releasing, rather than of withholding, such
information.
(e) All reasonable efforts should be taken by the American Embassy
in Guatemala to work with relevant agencies of the Guatemalan
Government to protect the safety of American citizens in Guatemala, and
to assist in the investigations of violations of human rights.
basic education assistance for pakistan
Sec. 572. Funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance Act of
1961 may be made available for assistance for basic education programs
for Pakistan, notwithstanding any provision of law that restricts
assistance to foreign countries: Provided, That such assistance is
subject to the regular notification procedures of the Committees on
Appropriations.
commercial leasing of defense articles
Sec. 573. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
war criminals
Sec. 574. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance,
and the Secretary of the Treasury shall instruct the United States
executive directors to the international financial institutions to vote
against any new project involving the extension by such institutions of
any financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as determined by
the Secretary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been publicly
indicted by the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators, the provision of documents, and the surrender
and transfer of indictees or assistance in their apprehension;
and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of financial or technical
assistance or grants to any country or entity described in subsection
(a), the Secretary of the Treasury, in consultation with the Secretary
of State, shall provide to the Committees on Appropriations 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.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury 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 (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to a specific project within a country, entity, or
municipality upon a written determination to the Committees on
Appropriations that such assistance directly supports the
implementation of the Dayton Accords, which include the obligation to
apprehend and transfer indicted war criminals to the Tribunal and to
provide all possible assistance to refugees and displaced persons and
work to facilitate their voluntary return.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as defined
herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
funding for serbia
Sec. 575. (a) Of funds made available in this Act, up to
$115,000,000 may be made available for assistance for Serbia: Provided,
That none of these funds may be made available for assistance for
Serbia after March 31, 2002, unless the President has made the
determination and certification contained in subsection (c).
(b) After March 31, 2002, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the
Government of the Federal Republic of Yugoslavia subject to the
conditions in subsection (c): Provided, That section 576 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997, as amended, shall not apply to the provision of loans and
assistance to the Federal Republic of Yugoslavia through international
financial institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of the Federal
Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal
for Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension;
(2) taking steps, additional to those undertaken in fiscal
year 2001, that are consistent with the Dayton Accords to end
Serbian financial, political, security and other support which
has served to maintain separate Republika Srpska institutions;
and
(3) taking steps, additional to those undertaken in fiscal
year 2001, to implement policies which reflect a respect for
minority rights and the rule of law, including the release of
all political prisoners from Serbian jails and prisons.
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
user fees
Sec. 576. The Secretary of the Treasury shall instruct the United
States executive directors to the international financial institutions
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan of such institutions that would require user fees or service
charges on poor people for primary education or primary healthcare,
including prevention and treatment efforts for HIV/AIDS, malaria,
tuberculosis, and infant, child, and maternal well-being, in connection
with the institutions' lending programs, and to oppose the approval or
endorsement of such user fees or service charges in connection with any
structural adjustment scheme or debt relief action, including any
Poverty Reduction Strategy Paper.
heavily indebted poor countries trust fund authorization
Sec. 577. Section 801(b)(1) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001 (Public Law
106-429) is amended by striking ``$435,000,000'' and inserting
``$600,000,000''.
funding for private organizations
Sec. 578. Notwithstanding any other provision of law, regulation,
or policy, in determining eligibility for assistance authorized under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
foreign nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services including counseling
and referral services, provided by such organizations with non-
United States Government funds if such services do not violate
the laws of the country in which they are being provided and
would not violate United States Federal law if provided in the
United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
part I of such Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 579. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
cuba
Sec. 580. (a) Amounts for Cooperation with Cuba on Counter-
Narcotics Matters.--Subject to subsection (b), of the amounts
appropriated or otherwise made available by this Act, $1,500,000 shall
be available for purposes of preliminary work by the Department of
State, or such other entities as the Secretary of State may designate,
to establish cooperation with appropriate agencies of the Cuba
Government on counter-narcotics matters, including matters relating to
cooperation, coordination, and mutual assistance in the interdiction of
illicit drugs being transported through Cuba airspace or over Cuba
waters.
(b) Limitation.--The amount in subsection (a) shall not be
available under that subsection until the President certifies to
Congress the following:
(1) That Cuba has in place appropriate procedures to
protect against loss of innocent life in the air and on the
ground in connection with the interdiction of illicit drugs.
(2) That there is no evidence of the involvement of the
Government of Cuba in drug trafficking.
reports on conditions in hong kong
Sec. 581. (a) Section 301 of the United States-Hong Kong Policy Act
(22 U.S.C. 5731) is amended by striking ``and March 31, 2000,'' and
inserting: ``March 31, 2000, March 31, 2001, March 31, 2002, March 31,
2003, March 31, 2004, March 31, 2005, and March 31, 2006''.
(b) The requirement in section 301 of the United States-Hong
Kong Policy Act, as amended by subsection (a), that a report under that
section shall be transmitted not later than March 31, 2001, shall be
considered satisfied by the transmittal of such report by August 7,
2001.
disability access
Sec. 582. Housing that is constructed with funds appropriated by
this Act to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and to carry out
the provisions of the Support for East European Democracy (SEED) Act of
1989, shall to the maximum extent feasible, be wheelchair accessible.
community-based police assistance
Sec. 583. (a) Authority.--Funds made available to carry out the
provisions of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and accountability of
civilian police authority in Jamaica through training and technical
assistance in internationally recognized human rights, the rule of law,
strategic planning, and through the promotion of civilian police roles
that support democratic governance including programs to prevent
conflict and foster improved police relations with the communities they
serve.
(b) Report.--Twelve months after the initial obligation of funds
for Jamaica for activities authorized under subsection (a), the
Administrator of the United States Agency for International Development
shall submit a report to the appropriate congressional committees
describing the progress the program is making toward improving police
relations with the communities they serve and institutionalizing an
effective community-based police program.
(c) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
september 11 democracy and human rights programs
Sec. 584. Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $15,000,000 shall be made
available for programs and activities to foster democracy, human
rights, press freedoms, and the rule of law in countries with a
significant Muslim population, and where such programs and activities
would be important to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided, That funds
appropriated under this section should support new initiatives or
bolster ongoing programs and activities in those countries: Provided
further, That not less than $2,000,000 of such funds shall be made
available for programs and activities that train emerging Afghan women
leaders in civil society development and democracy building: Provided
further, That not less than $10,000,000 of such funds shall be made
available for the Human Rights and Democracy Fund of the Bureau of
Democracy Human Rights and Labor, Department of State, for such
activities: Provided further, That funds made available pursuant to the
authority of this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
uzbekistan
Sec. 585. Not later than three months after the date of the
enactment of this Act, and six months thereafter, the Secretary of
State shall submit a report to the appropriate congressional committees
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to Uzbekistan during
the six-month period ending on the date of such report.
(2) The use during such period of defense articles and
defense services provided by the United States by units of the
Uzbek armed forces, border guards, Ministry of National
Security, or Ministry of Internal Affairs.
(3) The extent to which any units referred to in paragraph
(2) engaged in human rights violations, or violations of
international law, during such period.
humanitarian assistance for afghanistan
Sec. 586. It is the sense of the Senate that--
(1) Afghanistan's neighbors should reopen their borders to
allow for the safe passage of refugees, and the international
community must be prepared to contribute to the economic costs
incurred by the flight of desperate Afghan civilians;
(2) as the United States engages in military action in
Afghanistan, it must work to deliver assistance, particularly
through overland truck convoys, and safe humanitarian access to
affected populations, in partnership with humanitarian agencies
in quantities sufficient to alleviate a large scale
humanitarian catastrophe; and
(3) the United States should contribute to efforts by the
international community to provide long-term, sustainable
reconstruction and development assistance for the people of
Afghanistan, including efforts to protect the basic human
rights of women and children.
authorizations
Sec. 587. The Secretary of the Treasury may, to fulfill commitments
of the United States, contribute on behalf of the United States to the
seventh replenishment of the resources of the Asian Development Fund, a
special fund of the Asian Development Bank, and to the fifth
replenishment of the resources of the International Fund for
Agricultural Development. The following amounts are authorized to be
appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $412,000,000 for the Asian Development Fund
and $30,000,000 for the International Fund for Agricultural
Development.
discrimination against minority religious faiths in the russian
federation
Sec. 588. None of the funds appropriated or otherwise made
available by this Act may be made available for the Government of the
Russian Federation after the date that is 180 days after the date of
the 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 and the Committee on
Appropriations and the Committee on International Relations of the
House of Representatives that the Government of the Russian Federation
has not implemented any statute, executive order, regulation, or other
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.
sense of the senate regarding the important role of women in the future
reconstruction of afghanistan
Sec. 589. (a) Findings.--The Senate finds that:
(1) Prior to the rise of the Taliban in 1996, women
throughout Afghanistan enjoyed greater freedoms, comprising 70
percent of school teachers, 50 percent of civilian government
workers, and 40 percent of doctors in Kabul.
(2) In Taliban-controlled areas of Afghanistan, women have
been banished from the work force, schools have been closed to
girls and women expelled from universities, women have been
prohibited from leaving their homes unless accompanied by a
close male relative, and publicly visible windows of women's
houses have been ordered to be painted black.
(3) In Taliban-controlled areas of Afghanistan, women have
been forced to wear the burqa (or chadari)--which completely
shrouds the body, leaving only a small mesh-covered opening
through which to see.
(4) In Taliban-controlled areas of Afghanistan, women and
girls have been prohibited from being examined by male
physicians while at the same time, most female doctors and
nurses have been prohibited from working.
(5) In Taliban-controlled areas of Afghanistan, women have
been brutally beaten, publicly flogged, and killed for
violating Taliban decrees.
(6) The United States and the United Nations have never
recognized the Taliban as the legitimate government of
Afghanistan, in part, because of their horrific treatment of
women and girls.
(7) Afghan women and children now make up 75 percent of the
millions of Afghan refugees living in neighboring countries in
substandard conditions with little food and virtually no clean
water or sanitation.
(b) Sense of the Senate.--It is the sense of the Senate that:
(1) Afghan women organizations must be included in planning
the future reconstruction of Afghanistan.
(2) Future governments in Afghanistan should work to
achieve the following goals:
(A) The effective participation of women in all
civil, economic, and social life.
(B) The right of women to work.
(C) The right of women and girls to an education
without discrimination and the reopening of schools to
women and girls at all levels of education.
(D) The freedom of movement of women and girls.
(E) Equal access of women and girls to health
facilities.
sense of the senate condemning suicide bombings as a terrorist act
Sec. 590. (a) Findings.--The Senate finds that:
(1) Suicide bombings have killed and injured countless
people throughout the world.
(2) Suicide bombings and the resulting death and injury
demean the importance of human life.
(3) There are no circumstances under which suicide bombings
can be justified, including considerations of a political,
philosophical, ideological, racial, ethnic, religious or other
similar nature.
(4) Religious leaders, including the highest Muslim
authority in Saudi Arabia, the Grand Mufti, have spoken out
against suicide bombings.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) Suicide bombings are a horrific form of terrorism that
must be universally condemned.
(2) The United Nations should specifically condemn all
suicide bombings by resolution.
restriction on funding for cambodian genocide tribunal
Sec. 591. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to any
tribunal established by the Government of Cambodia pursuant to a
memorandum of understanding with the United Nations unless the
President determines and certifies to Congress that the tribunal is
capable of delivering justice for crimes against humanity and genocide
in an impartial and credible manner.
excess defense articles for central and southern european countries and
certain other countries
Sec. 592. Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2002
and 2003, funds available to the Department of Defense may be expended
for crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such Act to
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of
Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan: Provided, That section 105 of
Public Law 104-164 is amended by striking ``2000 and 2001'' and
inserting ``2002 and 2003''.
increased peace corps presence in muslim countries
Sec. 593.(a) Findings.--Congress makes the following findings:
(1) In the aftermath of the terrorist attacks of September
11, 2001, it is more important than ever to foster peaceful
relationships with citizens of predominantly Muslim countries.
(2) One way to foster understanding between citizens of
predominantly Muslim countries and the United States is to send
United States citizens to work with citizens of Muslim
countries on constructive projects in their home countries.
(3) The Peace Corps mission as stated by Congress in the
Peace Corps Act is to promote world peace and friendship.
(4) Within that mission, the Peace Corps has three goals:
(A) To assist the people of interested countries in
meeting the need of those countries for trained men and
women.
(B) To assist in promoting a better understanding
of Americans on the part of the peoples served.
(C) To assist in promoting a better understanding
of other peoples on the part of Americans.
(5) The Peace Corps has had significant success in meeting
these goals in the countries in which the Peace Corps operates,
and has already established mechanisms to put volunteers in
place and sustain them abroad.
(6) The Peace Corps currently operates in very few
predominantly Muslim countries.
(7) An increased number of Peace Corps volunteers in Muslim
countries would assist in promoting peace and understanding
between Americans and Muslims abroad.
(b) Study.--The Director of the Peace Corps shall undertake a study
to determine--
(1) the feasibility of increasing the number of Peace Corps
volunteers in countries that have a majority Muslim population;
(2) the manner in which the Peace Corps may target the
recruitment of Peace Corps volunteers from among United States
citizens who have an interest in those countries or who speak
Arabic;
(3) appropriate mechanisms to ensure the safety of Peace
Corps volunteers in countries that have a majority Muslim
population; and
(4) the estimated increase in funding that will be
necessary for the Peace Corps to implement any recommendation
resulting from the study of the matters described in paragraphs
(1) through (3).
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the Director of the Peace Corps shall submit to the
appropriate congressional committees a report containing the findings
of the study conducted under subsection (b).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.
machine readable passports.
Sec. 594. (a) Audits.--The Secretary of State shall--
(1) perform annual audits of the implementation of section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B));
(2) check for the implementation of precautionary measures
to prevent the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa
waiver program have established a program to develop tamper-
resistant passports.
(b) Periodic Reports.--Beginning one year after the date of
enactment of this Act, and every year thereafter, the Secretary of
State shall submit a report to Congress setting forth the findings of
the most recent audit conducted under subsection (a)(1).
(c) Advancing Deadline for Satisfaction of Requirement.--Section
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3))
is amended by striking ``2007'' and inserting ``2003''.
(d) Waiver.-- Section 217(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1187(a)(3)) is amended--
(1) by striking ``On or after'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), on or after''; and
(2) by adding at the end the following:
``(B) Limited waiver authority.--During the period
beginning October 1, 2003, and ending September 30,
2007, the Secretary of State may waive the requirement
of subparagraph (A) with respect to nationals of a
program country (as designated under subsection (c)),
if the Secretary of State finds that the program
country--
``(i) is making progress toward ensuring
that passports meeting the requirement of
subparagraph (A) are generally available to its
nationals; and
``(ii) has taken appropriate measures to
protect against misuse of passports the country
has issued that do not meet the requirement of
subparagraph (A).''.
sudan
Sec. 595. (a) Findings Regarding the Need for Humanitarian
Assistance.--The Senate makes the following findings:
(1) The war in Sudan has cost more than 2,000,000 lives and
has displaced more than 4,000,000 people.
(2) The victims of this 18-year war are not confined to one
ethnic group or religion as moderate Moslems in eastern and
western Sudan suffer greatly, as do Christians and animists in
southern Sudan.
(3) Humanitarian assistance to the Sudanese is a
cornerstone of United States foreign assistance policy and
efforts to end the war in Sudan.
(4) The United States Government has been the largest
single provider of humanitarian assistance to the Sudanese
people, providing $1,200,000,000 in humanitarian assistance to
war victims during the past 10 years, including $161,400,000
during fiscal year 2000 alone.
(5) Continued strengthening of United States assistance
efforts and international humanitarian relief operations in
Sudan are essential to bringing an end to the war.
(b) Findings Regarding the NIF Government.--In addition to the
findings under subsection (a), the Senate makes the following findings:
(1) The people of the United States will not abandon the
people of Sudan, who have suffered under the National Islamic
Front (NIF) government.
(2) For more than a decade, the NIF government has provided
safe haven for well-known terrorist organizations, including to
Osama bin Laden's al-Qaeda and the Egyptian Islamic Jihad.
(3) The NIF government has been engaged, and continues to
engage, in gross human rights violations against the civilian
population of Sudan, including the enslavement of women and
children, the bombardment of civilian targets, and the
scorched-earth destruction of villages in the oil fields of
Sudan.
(c) Sense of the Senate.--In recognition of the sustained struggle
for self-determination and dignity by the Sudanese people, as embodied
in the Inter-Governmental Authority on Development (IGAD) Declaration
of Principles, and the statement adopted by the United States
Commission on International Religious Freedom on October 2, 2001, it is
the sense of the Senate that--
(1) the National Islamic Front (NIF) government of Sudan
should--
(A) establish an internationally supervised trust
fund that will manage and equitably disburse oil
revenues;
(B) remove all bans on relief flights and provide
unfettered access to all affected areas, including the
Nuba Mountains;
(C) end slavery and punish those responsible for
this crime against humanity;
(D) end civilian bombing and the destruction of
communities in the oil fields;
(E) honor the universally recognized right of
religious freedom, including freedom from coercive
religious conversions;
(F) seriously engage in an internationally
sanctioned peace process based on the already adopted
Declaration of Principles; and
(G) commit to a viable cease-fire agreement based
on a comprehensive settlement of the political
problems; and
(2) the President should continue to provide generous
levels of humanitarian, development, and other assistance in
war-affected areas of Sudan, and to refugees in neighboring
countries, with an increased emphasis on moderate Moslem
populations who have been brutalized by the Sudanese government
throughout the 18-year conflict.
modification to the annual drug certification procedures with respect
to countries in the western hemisphere
Sec. 596. During fiscal year 2002 funds in this Act that would
otherwise be withheld from obligation or expenditure under section 490
of the Foreign Assistance Act of 1961 with respect to countries in the
Western Hemisphere may be obligated or expended provided that:
(1) Report.--Not later than November 30, 2001 the President
has submitted to the appropriate congressional committees a
report identifying each country in the Western Hemisphere
determined by the President to be a major drug-transit country
or major illicit drug producing country.
(2) Designation and justification.--In each report under
paragraph (1), the President shall also--
(A) designate each country, if any, identified in
such report that has failed demonstrably, during the
previous 12 months, to make substantial efforts--
(i) to adhere to its obligations under
international counternarcotics agreements; and
(ii) to take the counternarcotics measures
set forth in section 489(a)(1) of the Foreign
Assistance Act of 1961; and
(B) include a justification for each country so
designated.
(3) Limitation on assistance for designated countries.--In
the case of a country identified in a report for fiscal year
2002 under paragraph (1) that is also designated under
paragraph (2) in the report, United States assistance may be
provided under this Act to such country in fiscal year 2002
only if the President determines and reports to the appropriate
congressional committees that--
(A) provision of such assistance to the country in
such fiscal year is vital to the national interests of
the United States; or
(B) commencing at any time after November 30, 2001,
the country has made substantial efforts--
(i) to adhere to its obligations under
international counternarcotics agreements; and
(ii) to take the counternarcotics measures
set forth in section 489(a)(1) of the Foreign
Assistance Act of 1961.
(4) International counternarcotics agreement defined.--In
this section, the term ``international counternarcotics
agreement'' means--
(A) the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances;
or
(B) any bilateral or multilateral agreement in
force between the United States and another country or
countries that addresses issues relating to the control
of illicit drugs, such as--
(i) the production, distribution, and
interdiction of illicit drugs,
(ii) demand reduction,
(iii) the activities of criminal
organizations,
(iv) international legal cooperation among
courts, prosecutors, and law enforcement
agencies (including the exchange of information
and evidence),
(v) the extradition of nationals and
individuals involved in drug-related criminal
activity,
(vi) the temporary transfer for prosecution
of nationals and individuals involved in drug-
related criminal activity,
(vii) border security,
(viii) money laundering,
(ix) illicit firearms trafficking,
(x) corruption,
(xi) control of precursor chemicals,
(xii) asset forfeiture, and
(xiii) related training and technical
assistance;
and includes, where appropriate, timetables and
objective and measurable standards to assess the
progress made by participating countries with respect
to such issues.
(5) Application.--Section 490 (b)-(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j) shall not apply during
fiscal year 2002 with respect to any country in the Western
Hemisphere identified in paragraph (1) of this section.
(6) Statutory construction.--Nothing in this section
supersedes or modifies the requirement in section 489(a) of the
Foreign Assistance Act of 1961 (with respect to the
International Control Strategy Report) for the transmittal of a
report not later than March 1, 2002 under that section.-
(7) Sense of congress on enhanced international narcotics
control.--It is the sense of Congress that--
(A) many governments are extremely concerned by the
national security threat posed by illicit drug
production, distribution, and consumption, and crimes
related thereto, particularly those in the Western
Hemisphere;
(B) an enhanced multilateral strategy should be
developed among drug producing, transit, and consuming
nations designed to improve cooperation with respect to
the investigation and prosecution of drug related
crimes, and to make available information on effective
drug education and drug treatment;
(C) the United States should at the earliest
feasible date convene a conference of representatives
of major illicit drug producing countries, major drug
transit countries, and major money laundering countries
to present and review country by country drug reduction
and prevention strategies relevant to the specific
circumstances of each country, and agree to a program
and timetable for implementation of such strategies;
and
(D) not later than one year after the date of the
enactment of this Act, the President should transmit to
Congress any legislation necessary to implement a
proposed multilateral strategy to achieve the goals
referred to in subparagraph (B), including any
amendments to existing law that may be required to
implement that strategy.
central america disaster relief
Sec. 597. Of the funds appropriated under the headings
``International Disaster Assistance'', ``Development Assistance'', and
``Economic Support Fund'', not less than $35,000,000 should be made
available for relief and reconstruction assistance for victims of
earthquakes and drought in El Salvador and elsewhere in Central
America.
projects honoring victims of terrorist attacks
Sec. 598. The National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) is amended by inserting before title V the following:
``TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS
``(a) Definition.--In this section, the term `Foundation' means the
Points of Light Foundation funded under section 301, or another
nonprofit private organization, that enters into an agreement with the
Corporation to carry out this section.
``(b) Identification of Projects.--
``(1) Estimated number.--Not later than December 1, 2001,
the Foundation, after obtaining the guidance of the heads of
appropriate Federal agencies, such as the Director of the
Office of Homeland Security and the Attorney General, shall--
``(A) make an estimate of the number of victims
killed as a result of the terrorist attacks on
September 11, 2001 (referred to in this section as the
`estimated number'); and
``(B) compile a list that specifies, for each
individual that the Foundation determines to be such a
victim, the name of the victim and the State in which
the victim resided.
``(2) Identified projects.--The Foundation shall identify
approximately the estimated number of community-based national
and community service projects that meet the requirements of
subsection (d). The Foundation shall name each identified
project in honor of a victim described in subsection (b)(1)(A),
after obtaining the permission of an appropriate member of the
victim's family and the entity carrying out the project.
(c) Eligible Entities.--To be eligible to have a project named
under this section, the entity carrying out the project shall be a
political subdivision of a State, a business, or a nonprofit
organization (which may be a religious organization, such as a
Christian, Jewish, or Muslim organization).
``(d) Projects.--The Foundation shall name, under this section,
projects--
``(1) that advance the goals of unity, and improving the
quality of life in communities; and
``(2) that will be planned, or for which implementation
will begin, within a reasonable period after the date of
enactment of this section, as determined by the Foundation.
``(e) Website and Database.--The Foundation shall create and
maintain websites and databases, to describe projects named under this
section and serve as appropriate vehicles for recognizing the
projects.''.
waiver of restriction on assistance to azerbaijan
Sec. 599. (a) Section 907 of the FREEDOM Support Act shall not
apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or nonproliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(b) The President may waive section 907 of the FREEDOM Support Act
if he determines and certifies to the Committees on Appropriations that
to do so--
(1) is necessary to support United States efforts to
counter terrorism; or
(2) is necessary to support the operational readiness of
United States Armed Forces or coalition partners to counter
terrorism; or
(3) is important to Azerbaijan's border security; and
(4) will not undermine or hamper ongoing efforts to
negotiate a peaceful settlement between Armenia and Azerbaijan
or be used for offensive purposes against Armenia.
(c) The authority of subsection (b) may only be exercised through
December 31, 2002.
(d) The President may extend the waiver authority provided in
subsection (b) on an annual basis on or after December 31, 2002 if he
determines and certifies to the Committees on Appropriations in
accordance with the provisions of subsection (b).
(e) The Committees on Appropriations shall be consulted prior to
the provision of any assistance made available pursuant to subsection
(b).
(f) Within 60 days of any exercise of the authority under
subsection (b) the President shall send a report to the appropriate
congressional committees specifying in detail the following--
(1) the nature and quantity of all training and assistance
provided to the Government of Azerbaijan pursuant to subsection
(b);
(2) the status of the military balance between Azerbaijan
and Armenia and the impact of United States assistance on that
balance; and
(3) the status of negotiations for a peaceful settlement
between Armenia and Azerbaijan and the impact of United States
assistance on those negotiations.
federal investigation enhancement act of 2001
Sec. 599A. (a) Short Title.--This section may be cited as the
``Federal Investigation Enhancement Act of 2001''.
(b) Undercover Investigative Practices Conducted by Federal
Attorneys.--Section 530B(a) of title 28, United States Code, is amended
by inserting after the first sentence, ``Notwithstanding any provision
of State law, including disciplinary rules, statutes, regulations,
constitutional provisions, or case law, a Government attorney may, for
the purpose of enforcing Federal law, provide legal advice,
authorization, concurrence, direction, or supervision on conducting
undercover activities, and any attorney employed as an investigator or
other law enforcement agent by the Department of Justice who is not
authorized to represent the United States in criminal or civil law
enforcement litigation or to supervise such proceedings may participate
in such activities, even though such activities may require the use of
deceit or misrepresentation, where such activities are consistent with
Federal law.''.
kenneth m. ludden
Sec. 599B. This Act shall be cited as the Kenneth M. Ludden Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
Fiscal Year 2002.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
Attest:
Secretary.
107th CONGRESS
1st Session
H. R. 2506
_______________________________________________________________________
AMENDMENT