[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2506 Engrossed in House (EH)]
107th CONGRESS
1st Session
H. R. 2506
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2002, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 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, $753,323,000 (reduced by $1) (reduced by $15,000,000)
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, $63,000,000 (reduced by $3,000,000): 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 and title I of
Public Law 106-570, for child survival, reproductive health, assistance
to combat tropical and other infectious diseases, and related
activities, in addition to funds otherwise available for such purposes,
$1,387,000,000 (increased by $18,000,000) (increased by $20,000,000),
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, which directly address the
needs of mothers and children; (4) assistance for displaced and
orphaned children; (5) programs for the prevention, treatment, and
control of, and research on, tuberculosis, HIV/AIDS, polio, malaria and
other infectious diseases; and (6) 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 health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$295,000,000 for child survival and maternal health; $25,000,000
(increased by $5,000,000) for vulnerable children; $434,000,000
(increased by $13,000,000) for HIV/AIDS; $155,000,000 (increased by
$20,000,000) for other infectious diseases; $120,000,000 for UNICEF;
and $358,000,000 for reproductive health: Provided further, That of the
funds appropriated under this heading, up to $60,000,000 may be made
available for a United States contribution to the The Vaccine Fund and
up to $10,000,000 may be made available for the International AIDS
Vaccine Initiative: Provided further, That of the funds appropriated
under this heading and under the heading ``Child Survival and Disease
Programs Fund'' in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, up to $100,000,000 may be
made available for a United States contribution to a multilateral trust
fund to fight HIV/AIDS, malaria, and tuberculosis: Provided further,
That none of the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That none of the funds made available under this heading may be used to
pay for the performance of abortion as a method of family planning or
to motivate or coerce any person to practice abortions; and that in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, 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 Committee on International Relations
and the Committee on Appropriations of the House of Representatives and
to the Committee on Foreign Relations and the Committee on
Appropriations of the Senate, 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: Provided further, That of the
amount made available under this heading for HIV/AIDS, $5,000,000 shall
be for assistance to prevent mother-to-child HIV/AIDS transmission
through effective partnerships with nongovernmental organizations and
research facilities pursuant to section 104(c)(5) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)(5)).
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, $1,098,000,000, to remain available until September 30,
2003: Provided, 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 (CITES): Provided further, That of the funds appropriated under
this heading that are made available for assistance programs for
displaced and orphaned children and victims of war, not to exceed
$25,000, in addition to funds otherwise available for such purposes,
may be used to monitor and provide oversight of such programs: Provided
further, That $135,000,000 should be allocated for children's basic
education.
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, $200,000,000
(increased by $1,000,000), 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, $40,000,000, 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 loan guarantees, up to $12,500,000, 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 and other
programs which further the purposes of part I of the Act: Provided
further, That during fiscal year 2002, commitments to guarantee loans
shall not exceed $177,500,000: 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 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 Agency for
International Development: Provided further, That funds appropriated
under this heading shall remain available until September 30, 2003.
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.
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,
$30,000,000, 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, $2,199,000,000, 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: 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 not less than $35,000,000 of the funds
appropriated under this heading 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 further,
That not less than $15,000,000 of the funds appropriated under this
heading should 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: Provided further, That 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.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2003.
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, $600,000,000, 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: 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 (e) 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, $768,000,000, 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, 15 percent
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 $1,500,000 should be available only to meet the health
and other assistance needs of victims of trafficking in persons.
(b) Of the funds appropriated under this heading, not to exceed
$125,000,000 may be made available for assistance for Ukraine.
(c) Of the funds appropriated under this title, not less than
$82,500,000 should be made available for assistance for Georgia.
(d) Of the funds appropriated under this title, not less than
$82,500,000 should be made available for assistance for Armenia.
(e) 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;
(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.
(f) Not more than 30 percent of the funds appropriated under this
heading may be made available for assistance for any country in the
region. Activities authorized under title V (nonproliferation and
disarmament programs and activities) of the FREEDOM Support Act shall
not be counted against the 30 percent limitation.
(g)(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; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases 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.
(h) 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 infectious
diseases, and for related activities.
Independent Agencies
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),
$12,000,000.
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), $16,042,000: 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.
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.
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 more than $16,660,000 may 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, $676,000,000 (reduced by $1,000,000),
to remain available until expended: Provided, That section 3204(b) of
Public Law 106-246 is amended by adding a new subsection (b)(3) as
follows: ``(3) Further Exception.--Notwithstanding paragraph (2), the
limitation contained in paragraph (1)(B) my be waived: (i) if the
President certifies to the appropriate committees of the Congress that
the aggregate ceiling of 800 United States personnel contained in
paragraph (1) will not be exceeded by such waiver; and (ii) if Congress
is informed of the extent to which the limitation under paragraph
(1)(B) is exceeded by such certification.'': Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading for assistance for Colombia:
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 of the funds
appropriated under this heading, not more than $14,240,000 may be for
administrative expenses: Provided further, That, of the funds
appropriated under this heading, $65,000,000 shall not be available for
obligation until: (1) the Secretary of State submits to the Congress a
full report on the incident of April 20, 2001, in which Veronica
``Roni'' Bowers and her 7-month old daughter, Charity, were needlessly
killed when a Peruvian Air Force jet opened fire on their plane after
the crew of another plane, owned by the Department of Defense and
chartered by the Central Intelligence Agency, mistakenly targeted the
plane to be potentially smuggling drugs in the Andean region; and (2)
the Secretary of State, Secretary of Defense, and Director of Central
Intelligence certify to the Congress, 30 days before any resumption of
United States involvement in counter-narcotic flights and a force-down
program that continues to permit the ability of the Peruvian Air Force
to shoot down aircraft, that the force-down program will include
enhanced safeguards and procedures to prevent the occurrence of any
incident similar to the April 20, 2001, incident.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, contributions 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, $715,000,000, which shall remain available until expended:
Provided, That of the funds appropriated under this heading, not more
than $15,000,000 may be available for administrative expenses: Provided
further, That funds appropriated under this heading may be made
available for a headquarters contribution to the International
Committee of the Red Cross only if the Secretary of State determines
(and so reports to the appropriate committees of the Congress) that the
Magen David Adom Society of Israel is not being denied participation in
the activities of the International Red Cross and Red Crescent
Movement.
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. 2601(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, $311,000,000, 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 20 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.
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: Provided, That these funds shall be subject to
the regular notification procedures of the Committees on
Appropriations.
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, $224,000,000, to
remain available until expended: Provided, That of unobligated balances
of funds available under this heading from prior year appropriations
Acts, not less than $25,000,000 may be made available to carry out the
provisions of part V of the Foreign Assistance Act of 1961: 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, $65,000,000, of which up to
$1,000,000 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 grant financed military education and training for
Indonesia and Guatemala may only be available for expanded
international military education and training and funds made available
for Indonesia and Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations.
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,
$3,627,000,000: 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 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 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.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $135,000,000: 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, $82,500,000, 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, $803,400,000, 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.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $10,000,000 (reduced by $10,000,000), for
the United States paid-in share of the increase in capital stock, to
remain available until expended.
limitation on callable capital 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, $10,000,000, 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
(reduced by $10,000,000), 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, $196,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That 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
United States Administrator of the Agency for International
Development, after informing the Committees on Appropriations, may, on
a case-by-case basis, waive the restriction contained in this
paragraph, after taking into account the effectiveness of the overseas
development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency.
(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 $150,000 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: 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 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 or
substantial progress has been made towards the holding of democratic
elections.
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 4 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'', ``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 Agency for United States
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 Committees on Appropriations 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.
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.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations: Provided, That none of the
funds made available under this Act may be used to lobby for or against
abortion.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2001, 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 Colombia, Haiti, Liberia, Sudan, Zimbabwe,
Pakistan, or the Democratic Republic of 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 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 disease prevention activities
Sec. 522. Up to $16,000,000 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 $1,500,000 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, Acquired
Immune Deficiency Syndrome may be made available notwithstanding any
provision of law that restricts assistance to foreign countries:
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, 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 ``Trade and Development Agency'', ``Peace Corps'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', 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 provided 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 the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961, not to exceed $3,000,000 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 that country: Provided further, That funds made
available pursuant to the authority of this section for programs,
projects, and activities for 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, inter-american foundation and african
development foundation
Sec. 532. 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.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) 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
(2) 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: Provided further,
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.
(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, subject to the regular notification
procedures of the Committees on Appropriations, energy programs aimed
at reducing greenhouse gas emissions: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) 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; and the Bureau for Asia and
the Near East: 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) During fiscal year 2002, the President may use up to
$50,000,000 under the authority of section 451 of the Foreign
Assistance Act, notwithstanding the funding ceiling in section 451(a).
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 violate
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.
prohibition on publicity or propaganda
Sec. 539. 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. 540. To the maximum extent possible, 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. 541. 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. 542. 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. 543. (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. 544. (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 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 government of the
District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 545. 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. 546. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That the drawdown made under
this section for any tribunal shall not be construed as an endorsement
or precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further, That funds
made available for tribunals other than Yugoslavia or Rwanda shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
landmines
Sec. 547. 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.
restrictions concerning the palestinian authority
Sec. 548. 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. 549. 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. 550. (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. 551. (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''.
restrictions on voluntary contributions to united nations agencies
Sec. 552. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if
the United Nations implements or imposes any taxation on any United
States persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) unless the President
certifies to the Congress 15 days in advance of such payment that the
United Nations is not engaged in any effort to implement or impose any
taxation on United States persons in order to raise revenue for the
United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United States
person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
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.
discrimination against minority religious faiths in the russian
federation
Sec. 556. None of the funds appropriated under this Act may be made
available for the Government of the Russian Federation, after 180 days
from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
and the Committee on Foreign Relations of the Senate that the
Government of the Russian Federation has implemented no statute,
executive order, regulation or similar government action that would
discriminate, or would have as its principal effect discrimination,
against religious groups or religious communities in the Russian
Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a
party.
assistance for the middle east
Sec. 557. Of the funds appropriated in titles II and III of this
Act under the headings ``Economic Support Fund'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``Peacekeeping Operations'', for refugees resettling in Israel under
the heading ``Migration and Refugee Assistance'', and for assistance
for Israel to carry out provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 under the heading ``Nonproliferation,
Anti-Terrorism, Demining and Related Programs'', not more than a total
of $5,141,150,000 may be made available for Israel, Egypt, Jordan,
Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group,
the Multinational Force and Observers, the Middle East Regional
Democracy Fund, Middle East Regional Cooperation, and Middle East
Multilateral Working Groups: Provided, That any funds that were
appropriated under such headings in prior fiscal years and that were at
the time of the enactment of this Act obligated or allocated for other
recipients may not during fiscal year 2002 be made available for
activities that, if funded under this Act, would be required to count
against this ceiling: Provided further, That funds may be made
available notwithstanding the requirements of this section if the
President determines and certifies to the Committees on Appropriations
that it is important to the national security interest of the United
States to do so and any such additional funds shall only be provided
through the regular notification procedures of the Committees on
Appropriations.
enterprise fund restrictions
Sec. 558. 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. 559. (a) The Secretary of the Treasury should instruct the
United States executive directors of the international financial
institutions to use the voice and vote of the United States to oppose
loans to the Central Government of Cambodia, except loans to support
basic human needs.
(b) None of the funds appropriated by this Act may be made
available for assistance (except for assistance for basic education)
for the Central Government of Cambodia.
foreign military training report
Sec. 560. (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. 561. (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.
plo compliance report
Sec. 562. (a) Reporting Requirement.--The President shall, at the
time specified in subsection (b), submit a report to the Congress
assessing the steps that the Palestine Liberation Organization (PLO),
or the Palestinian Authority, as appropriate, has taken to comply with
its 1993 commitments to renounce the use of terrorism and all other
acts of violence and to assume responsibility over all PLO or
Palestinian Authority elements and personnel in order to assure their
compliance, prevent violations, and discipline violators, including the
arrest and prosecution of individuals involved in acts of terror and
violence. The President shall determine, based on such assessment,
whether the PLO or the Palestinian Authority, as appropriate, has
substantially complied with such commitments. If the President
determines based on the assessment that such compliance has not
occurred, then the President shall, for a period of time of not less
than 6 months, impose one or more of the following sanctions:
(1) Notwithstanding any other provision of law, the
President shall withdraw or terminate any waiver by the
President of the requirements of section 1003 of the Foreign
Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202)
(prohibiting the establishment or maintenance of a Palestinian
information office in the United States), and such section
shall apply so as to prohibit the operation of a PLO or
Palestinian Authority office in the United States from carrying
out any function other than those functions carried out by the
Palestinian information office in existence prior to the Oslo
Accords.
(2) The President shall designate the PLO, or one or more
of its constituent groups (including Fatah and Tanzim) or
groups operating as arms of the Palestinian Authority
(including Force 17) as a foreign terrorist organization, in
accordance with section 219(a) of the Immigration and
Nationality Act.
(3) United States assistance (except humanitarian
assistance) shall not be provided for the West Bank and Gaza
Program.
(b) Submission of Report.--The report required under subsection (a)
shall be transmitted not later than 60 days after the date of enactment
of this Act and shall cover the period commencing June 13, 2001.
(c) Update of Report.--The President shall update the report
submitted pursuant to subsection (a) as part of the next report
required under the PLO Commitments Compliance Act of 1989 (title VIII
of Public Law 101-246).
(d) Waiver Authority.--The President may waive any or all of the
sanctions imposed under subsection (a) if the President determines and
reports to the appropriate committees of the Congress that such a
waiver is in the national security interests of the United States.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 563. 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. 564. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may be made
available for programs benefiting the Iraqi people and to support
efforts to bring about political transition in Iraq.
west bank and gaza program
Sec. 565. 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. 566. (a) Funds appropriated by this Act under the headings
``International Military Education and Training'' and ``Foreign
Military Financing Program'' may be made available for Indonesian
Ministry of Defense or military personnel 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;
(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;
(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; and
(6) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members of
the Indonesian Armed Forces and militia groups responsible for
human rights violations in Indonesia and East Timor.
man and the biosphere
Sec. 567. None of the funds appropriated or otherwise made
available by this Act may be provided for the United Nations Man and
the Biosphere Program.
taiwan reporting requirement
Sec. 568. Not less than 30 days prior to the next round of arms
talks between the United States and Taiwan, the President shall
consult, on a classified basis, with appropriate Congressional leaders
and committee chairmen and ranking members regarding the following
matters:
(1) Taiwan's requests for purchase of defense articles and
defense services during the pending round of arms talks;
(2) the Administration's assessment of the legitimate
defense needs of Taiwan, in light of Taiwan's requests; and
(3) the decision-making process used by the Executive
branch to consider those requests.
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 that
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), 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 that 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) Whenever the prohibition on assistance required under
subsection (a) or (b) 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 further amended by striking ``December 31,
2001'' and inserting in lieu thereof ``December 31, 2002''.
contributions to united nations population fund
Sec. 571. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'', not more than $25,000,000 for fiscal year 2002 shall be
available for the United Nations Population Fund (hereafter in this
section referred to as the ``UNFPA'').
(b) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be
made available for the UNFPA for a country program in the People's
Republic of China.
(c) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2002
for the UNFPA may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts
of the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
(d) Report to the Congress and Withholding of Funds.--
(1) Not later than February 15, 2002, the Secretary of
State shall submit a report to the appropriate congressional
committees indicating the amount of funds that the United
Nations Population Fund is budgeting for the year in which the
report is submitted for a country program in the People's
Republic of China.
(2) If a report under subparagraph (A) indicates that the
United Nations Population Fund plans to spend funds for a
country program in the People's Republic of China in the year
covered by the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China shall be
deducted from the funds made available to the UNFPA after March
1 for obligation for the remainder of the fiscal year in which
the report is submitted.
american churchwomen in el salvador
Sec. 572. (a) Information relevant to the December 2, 1980, murders
of four American churchwomen in El Salvador shall be made public to the
fullest extent possible.
(b) The Secretary of State and the Department of State are to be
commended for fully releasing information regarding the murders.
(c) The President shall order all Federal agencies and departments
that process relevant information to make every effort to declassify
and release to the victims' families relevant information as
expeditiously as possible.
(d) In making determinations concerning the declassification and
release of relevant information, the Federal agencies and departments
shall presume in favor of releasing, rather than of withholding, such
information.
procurement and financial management reform
Sec. 573. (a) Funding Conditions.--Of the funds made available
under the heading ``International Financial Institutions'' in this Act,
10 percent of the United States portion or payment to such
International Financial Institution shall be withheld by the Secretary
of the Treasury, until the Secretary certifies to the Committees on
Appropriations that, to the extent pertinent to its lending programs,
the institution is--
(1) implementing procedures for conducting annual audits by
qualified independent auditors for all new investment lending;
(2) implementing procedures for annual independent external
audits of central bank financial statements for countries
making use of International Monetary Fund resources under new
arrangements or agreements with the Fund;
(3) taking steps to establish an independent fraud and
corruption investigative organization or office;
(4) implementing a process to assess a recipient country's
procurement and financial management capabilities including an
analysis of the risks of corruption prior to initiating new
investment lending; and
(5) taking steps to fund and implement programs and
policies to improve transparency and anti-corruption programs
and procurement and financial management controls in recipient
countries.
(b) Report.--The Secretary of the Treasury shall report on March 1,
2002 to the Committees on Appropriations on progress made by each
International Financial Institution, and, to the extent pertinent to
its lending programs, the International Monetary Fund, to fulfill the
objectives identified in subsection (a) and on progress of the
International Monetary Fund to implement procedures for annual
independent external audits of central bank financial statements for
countries making use of Fund resources under all new arrangements with
the Fund.
(c) Definitions.--The term ``International Financial Institutions''
means the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the Inter-American
Investment Corporation, the Enterprise for the Americas Multilateral
Investment Fund, the Asian Development Bank, the Asian Development
Fund, the African Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and the International
Monetary Fund.
commercial leasing of defense articles
Sec. 574. 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. 575. (a) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance,
with the exception of humanitarian assistance and assistance for
democratization, 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.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate committees
of the Congress 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 publicly indicted indictees or assistance in
their apprehension; and
(2) taking steps that are consistent with the Dayton
Accords.
(c) The Secretary of State may waive the application of subsection
(a) with respect to a country, entity, or municipality upon a written
determination to the Committees on Appropriations of the House of
Representatives and the Senate that provision of assistance that would
otherwise be prohibited by that subsection is in the national interest
of the United States.
user fees
Sec. 576. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan of these 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.
basic education assistance for pakistan
Sec. 577. 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.
heavily indebted poor countries trust fund authorization
Sec. 578. 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 serbia
Sec. 579. (a) Funds appropriated by this Act may be made available
for assistance for Serbia after March 31, 2002, if 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 international
financial institutions to support loans and assistance to the
Government of the Federal Republic of Yugoslavia subject to the
conditions in subsection (c).
(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 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 to implement policies which reflect a
respect for minority rights and the rule of law.
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
improving global health through safe injections
Sec. 580. (a) In carrying out immunization programs and other
programs for the prevention, treatment, and control of infectious
diseases, including tuberculosis, HIV and AIDS, polio, and malaria, the
Administrator of the United States Agency for International
Development, in coordination with the Centers for Disease Control and
Prevention, the National Institutes of Health, national and local
governments, and other organizations, such as the World Health
Organization and the United Nations Children's Fund, shall develop and
implement effective strategies to improve injection safety, including
eliminating unnecessary injections, promoting the availability and use
of single-use auto-disable needles and syringes and other safe
injection technologies, strengthening the procedures for proper needle
and syringe disposal, and improving the education and information
provided to the public and to health professionals.
(b) Not later than March 31, 2002, the Administrator of the United
States Agency for International Development shall transmit to the
Congress a report on the implementation of subsection (a).
el salvador reconstruction
Sec. 581. During fiscal year 2002, not less than $100,000,000 shall
be made available for rehabilitation and reconstruction assistance for
El Salvador: Provided, That such funds shall be derived as follows: (1)
from funds appropriated by this Act, not less than $65,000,000, of
which not less than $25,000,000 shall be from funds appropriated under
the heading ``Economic Support Fund'', not to exceed $25,000,000 shall
be from funds appropriated under the heading ``International Disaster
Assistance'', and not to exceed a total of $15,000,000 shall be from
funds appropriated under the headings ``Child Survival and Health
Programs Fund'' and ``Development Assistance''; and (2) from funds
appropriated under such headings for foreign operations, export
financing, and related programs for fiscal year 1999 and prior years,
not less than $35,000,000: Provided further, That none of the funds
made available under this section may be obligated for nonproject
assistance: Provided further, That prior to any obligation of funds
made available under this section, the Administrator of the United
States Agency for International Development (USAID) shall provide the
Committees on Appropriations with a detailed report containing the
amount of the proposed obligation and a description of the programs and
projects, on a sector-by-sector basis, to be funded with such amount:
Provided further, That of the funds made available under this heading,
up to $2,500,000 may be used for administrative expenses, including
auditing costs, of USAID.
prohibition on united states contribution to the united nations
international narcotics control board
Sec. 582. None of the funds appropriated by this Act may be used
for a United States contribution to the United Nations International
Narcotics Control Board.
Sec. 583. None of the funds made available by this Act may be used
to award a contract to a person or entity whose bid or proposal
reflects that the person or entity has violated the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
funding for trafficking victims protection act of 2000
Sec. 584. Of the amounts made available in this Act under the items
``development assistance'', ``economic support fund'', ``assistance for
eastern europe and the baltic states'', ``assistance for the
independent states of the former soviet union'', ``international
narcotics control and law enforcement'', and ``migration and refugee
assistance''--
(1) $10,000,000 shall be made available for prevention of
trafficking in persons, as authorized by section 106 of the
Trafficking Victims Protection Act of 2000 (division A of
Public Law 106-386);
(2) $10,000,000 shall be made available for the protection
and assistance for victims of trafficking of persons, as
authorized by section 107(a) of such Act; and
(3) $10,000,000 shall be made available to assist foreign
countries to meet minimum standards for the elimination of
trafficking, as authorized by section 134 of the Foreign
Assistance Act of 1961.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
Passed the House of Representatives July 24, 2001.
Attest:
Clerk.
107th CONGRESS
1st Session
H. R. 2506
_______________________________________________________________________
AN ACT
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2002, and for
other purposes.