[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.