[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 513
107th CONGRESS
  2d Session
                                S. 2779

                          [Report No. 107-219]

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2003, and for 
                            other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2002

Mr. Leahy, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2003, 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, 2003, 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, $541,400,000, to remain available until September 30, 
2006: 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, 2021 for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal years 
2003, 2004, 2005, and 2006: 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, $68,300,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: 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, 2003.

                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 $39,885,000: 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

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Non-Credit Account: 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 be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2003 and 2004: 
Provided further, That such sums shall remain available through fiscal 
year 2011 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 2003, and through fiscal year 2012 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2004.
    In addition, 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, $44,696,000, to remain available 
until September 30, 2004.

                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, 2003, unless 
otherwise specified herein, as follows:

           united states agency for international development

                child survival and health programs fund

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, health, and family planning/reproductive health activities, 
in addition to funds otherwise available for such purposes, 
$1,780,000,000, 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 which directly address the needs of mothers and 
children, and related education programs; (4) assistance for displaced 
and orphaned children; (5) programs for the prevention, treatment, and 
control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and 
other infectious diseases; and (6) family planning/reproductive health: 
Provided further, That none of the funds appropriated under this 
heading may be made available for nonproject assistance, except that 
funds may be made available for such assistance for ongoing health 
activities: Provided further, That of the funds appropriated under this 
heading, not to exceed $125,000, in addition to funds otherwise 
available for such purposes, may be used to monitor and provide 
oversight of child survival, maternal and family planning/reproductive 
health, and infectious disease programs: Provided further, That the 
following amounts should be allocated as follows: $350,000,000 for 
child survival and maternal health; $25,000,000 for vulnerable 
children; $500,000,000 for HIV/AIDS including not less than $18,000,000 
which shall be made available to support the development of 
microbicides as a means for combating HIV/AIDS; $185,000,000 for other 
infectious diseases, of which not less than $65,000,000 should be made 
available for the prevention, treatment, and control of, and research 
on, tuberculosis, and of which not less than $75,000,000 should be made 
available to combat malaria; $400,000,000 for family planning/
reproductive health, including in areas where population growth 
threatens biodiversity or endangered species; and $120,000,000 for 
UNICEF: Provided further, That of the funds appropriated under this 
heading, $200,000,000 shall be made available, notwithstanding any 
other provision of law, for a United States contribution to the Global 
Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities: Provided further, That of the funds appropriated under this 
heading, up to $60,000,000 should be made available for a United States 
contribution to The Vaccine Fund, and up to $12,000,000 should be made 
available for the International AIDS Vaccine Initiative: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
shall be made available to continue to support the provision of 
wheelchairs for needy persons in developing countries: 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 Secretary of 
State, directly participates in the practice of coercive abortion or 
involuntary sterilization: Provided further, That none of the funds 
made available under this Act may be used to pay for the performance of 
abortion as a method of family planning or to motivate or coerce any 
person to practice abortions: Provided further, That none of the funds 
made available under this Act may be used to lobby for or against 
abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of the requirements 
contained in paragraph (1), (2), (3), or (5) of this proviso, or a 
pattern or practice of violations of the requirements contained in 
paragraph (4) of this proviso, the Administrator shall submit to the 
Committees on Appropriations 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 restrictions with respect to assistance for HIV/AIDS, 
family planning, or child survival and health activities shall not be 
construed to restrict assistance in support of programs to expand the 
availability and use of condoms for HIV/AIDS prevention and of 
contraceptives from funds appropriated by this Act: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the 
Foreign Assistance Act of 1961.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance 
Act of 1961, $1,350,000,000, to remain available until September 30, 
2004: Provided, That none of the funds appropriated under title II of 
this Act that are managed by or allocated to the United States Agency 
for International Development's Global Development Alliance 
Secretariat, may be made available except through the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That $200,000,000 should be allocated for children's basic 
education: Provided further, That none of the funds appropriated under 
this heading may be made available for any activity which is in 
contravention to the Convention on International Trade in Endangered 
Species of Flora and Fauna: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of war, not to 
exceed $32,500, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of such 
programs: Provided further, That of the aggregate amount of the funds 
appropriated by this Act that are made available for agriculture and 
rural development programs, $35,000,000 should be made available for 
plant biotechnology research and development: Provided further, That 
not less than $2,300,000 should be made available for core support for 
the International Fertilizer Development Center: Provided further, That 
of the funds appropriated under this heading, not less than $1,000,000 
shall be made available for support of the United States 
Telecommunications Training Institute: Provided further, That of the 
funds appropriated under this heading, not less than $19,000,000 should 
be made available for the American Schools and Hospitals Abroad 
program: Provided further, That of the funds appropriated by this Act, 
$450,000,000 should be made available for water-related assistance 
programs, of which $100,000,000 shall be made available for drinking 
water supply projects.

                   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, $255,500,000, 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, $65,000,000, 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 direct loans and loan guarantees, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may 
be derived by transfer from funds appropriated by this Act to carry out 
part I of such Act and under the heading ``Assistance for Eastern 
Europe and the Baltic States'': Provided, That such funds when added to 
the funds transferred pursuant to the authority contained under this 
heading in Public Law 107-115, shall not exceed $24,500,000, which 
shall be made available only for micro and small enterprise programs, 
urban programs, and other programs which further the purposes of part I 
of the Act: Provided further, That such costs shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading. In addition, for administrative expenses to carry 
out credit programs administered by the United States Agency for 
International Development, $7,591,000, which may be transferred to and 
merged with the appropriation for Operating Expenses of the United 
States Agency for International Development: Provided further, That 
funds made available under this heading shall remain available until 
September 30, 2007.

     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, $45,200,000.

   operating expenses of the united states agency for international 
                              development

    For necessary expenses to carry out the provisions of section 667, 
$571,087,000: 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.

                        capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667, $65,000,000, to 
remain available until September 30, 2007: Provided, That of the funds 
appropriated under this heading, not less than $13,000,000 shall be 
available for the procurement and enhancement of information technology 
and related capital investments: Provided further, That the funds 
appropriated under this heading are in addition to funds otherwise 
available for such purposes.

   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, 
$33,046,000, to remain available until September 30, 2004, 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, $2,250,000,000, to remain available until September 30, 2004: 
Provided, That of the funds appropriated under this heading, not less 
than $600,000,000 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, 2002, 
whichever is later: Provided further, That not less than $615,000,000 
shall be available only for Egypt, which sum shall be provided on a 
grant basis, and of which sum cash transfer assistance shall be 
provided with the understanding that Egypt will undertake significant 
economic reforms which are additional to those which were undertaken in 
previous fiscal years, and of which not less than $200,000,000 shall be 
provided as Commodity Import Program assistance: Provided further, That 
in exercising the authority to provide cash transfer assistance for 
Israel, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of nonmilitary 
exports from the United States to such country and that Israel enters 
into a side letter agreement in an amount proportional to the fiscal 
year 1999 agreement: Provided further, That of the funds appropriated 
under this heading, $250,000,000 shall be made available for assistance 
for Jordan: Provided further, That of the funds appropriated under this 
heading, not less than $75,000,000 shall be made available for 
humanitarian, refugee, reconstruction, and development activities, 
including activities to promote democratic and economic reform, for the 
West Bank and Gaza: Provided further, That $15,000,000 of the funds 
appropriated under this heading shall be made available for Cyprus to 
be used only for scholarships, administrative support of the 
scholarship program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and promote 
peace and cooperation between the two communities on Cyprus: Provided 
further, That $35,000,000 of the funds appropriated under this heading 
shall be made available for assistance for Lebanon to be used, among 
other programs, for scholarships and direct support of the American 
educational institutions in Lebanon: Provided further, That none of the 
funds appropriated under this heading may be made available for 
assistance for the Central Government of Lebanon: Provided further, 
That the Government of Lebanon should enforce the custody and 
international pickup orders, issued during calendar year 2001, of 
Lebanon's civil courts regarding abducted American children in Lebanon: 
Provided further, That of the funds appropriated under this heading, 
not less than $25,000,000 shall be made available for assistance for 
East Timor of which up to $1,000,000 may be available for 
administrative expenses of the United States Agency for International 
Development: 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: Provided further, That with respect to funds appropriated 
under this heading in this Act or prior Acts making appropriations for 
foreign operations, export financing, and related programs, the 
responsibility for policy decisions and justifications for the use of 
such funds, including whether there will be a program for a country 
that uses those funds and the amount of each such program, shall be the 
responsibility of the Secretary of State and the Deputy Secretary of 
State and this responsibility shall not be delegated.

          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, $555,000,000, to remain available until 
September 30, 2004, 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 2003 for 
assistance for Kosovo as of March 31, 2003: 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: Provided further, That of the funds made available 
under this heading for assistance for Kosovo, $2,000,000 shall be made 
available for assistance to support training programs for Kosovar 
women: Provided further, That of the funds made available under this 
heading for assistance for Bulgaria, $5,000,000 shall be made available 
for full scope simulators to enhance safety at nuclear power plants: 
Provided further, That of the funds available under this heading for 
assistance for Serbia, an amount equal to the amount that the Secretary 
of State determines the Government of the Federal Republic of 
Yugoslavia, including the military of such government, has expended 
during calendar year 2002 to support the development or maintenance of 
parallel security structures in northern Kosovo, except those 
structures authorized under United Nations Security Council Resolution 
1244, shall be withheld from obligation for assistance for such 
government: Provided further, That of the funds made available under 
this heading, $750,000 shall be made available for regional programs 
and activities to promote reconciliation among ethnic groups within the 
former Yugoslavia.
    (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
    (c) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.
    (d) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the United States Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (e) The provisions of section 529 of this Act shall apply to funds 
made available under subsection (d) and to funds appropriated under 
this heading: Provided, That notwithstanding any provision of this or 
any other Act, including provisions in this subsection regarding the 
application of section 529 of this Act, local currencies generated by, 
or converted from, funds appropriated by this Act and by previous 
appropriations Acts and made available for the economic revitalization 
program in Bosnia may be used in Eastern Europe and the Baltic States 
to carry out the provisions of the Foreign Assistance Act of 1961 and 
the Support for East European Democracy (SEED) Act of 1989.
    (f) The President is authorized to withhold funds appropriated 
under this heading made available for economic revitalization programs 
in Bosnia and Herzegovina, if he determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations 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, $765,000,000, to remain 
available until September 30, 2004: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this paragraph: 
Provided further, That of the funds made available for the Southern 
Caucasus region, notwithstanding any other provision of law, funds may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional conflicts, 
especially those in the vicinity of Abkhazia and Nagorno-Karabagh: 
Provided further, That of the funds appropriated under this heading 
$17,500,000 shall be made available solely for the Russian Far East: 
Provided further, That, notwithstanding any other provision of law, 
funds appropriated under this heading in this Act or prior Acts making 
appropriations for foreign operations, export financing, or related 
programs, that are made available pursuant to the provisions of section 
807 of the FREEDOM Support Act (Public Law 102-511) shall be subject to 
the ceiling on administrative expenses contained in section 807(a)(5) 
of the FREEDOM Support Act.
    (b) Of the funds appropriated under this heading, up to 
$155,000,000 may be made available for assistance for Ukraine: 
Provided, That of this amount, not less than $30,000,000 shall be made 
available for nuclear reactor safety initiatives and not less than 
$3,000,000 shall be made available for coal mine safety programs, 
including mine ventilation and fire prevention and control.
    (c) Of the funds appropriated under this heading, not less than 
$90,000,000 shall be made available for assistance for Armenia.
    (d) Of the funds appropriated under this heading, $87,000,000 
should be made available for assistance for Georgia.
    (e)(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 unimpeded 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, child 
        survival activities, or assistance for victims of trafficking 
        in persons; and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.
    (f) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his 
        or her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

                          Independent Agencies

                       inter-american foundation

    For necessary expenses 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, $16,385,000, to remain available 
until September 30, 2004.

                     african development foundation

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980, Public Law 96-533, 
$17,689,000, to remain available until September 30, 2004: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the board of 
directors 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), $285,000,000, 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, 2004.

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $196,713,000, 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 2003, 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, up to $20,000,000 should be made 
available for anti-trafficking in persons programs, including 
trafficking prevention, protection and assistance for victims, and 
prosecution of traffickers: Provided further, That of the funds 
appropriated under this heading, not more than $19,600,000 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, $637,000,000, to remain available until 
expended: Provided, That in addition to the funds appropriated under 
this heading and subject to the regular notification procedures of the 
Committees on Appropriations, the President may make available up to an 
additional $35,000,000 for the Andean Counterdrug Initiative, which may 
be derived from funds appropriated under the heading ``International 
Narcotics Control and Law Enforcement'' in this Act and in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs: Provided further, That of the amount appropriated 
under this heading, not less than $215,000,000 shall be apportioned 
directly to the United States Agency for International Development, to 
be used for economic and social programs: Provided further, That of the 
funds appropriated under this heading and under the heading ``Foreign 
Military Financing Program'', not less than $5,000,000 shall be made 
available to train and equip a Colombian Armed Forces unit dedicated to 
apprehending the leaders of paramilitary organizations: Provided 
further, That of the funds made available for assistance for Colombia 
under this heading, not less than $2,000,000 shall be made available 
for vehicles, equipment, and other assistance for the human rights unit 
of the Procurador General: Provided further, That funds appropriated by 
this Act that are used for the procurement of chemicals, equipment or 
services for aerial coca fumigation programs may be made available for 
such programs only if the Secretary of State, after consultation with 
the Administrator of the Environmental Protection Agency and, if 
appropriate, the Director of the Centers for Disease Control and 
Prevention, certifies to the Committees on Appropriations that: (1) 
aerial coca fumigation is being carried out in accordance with 
regulatory controls required by the Environmental Protection Agency for 
use in the United States and, after consultation with the Colombian 
Government, in accordance with Colombian laws and the Colombian 
Environmental Management Plan for aerial fumigation; (2) effective 
monitoring and enforcement mechanisms are being utilized in Colombia to 
ensure compliance with such laws, regulatory controls and Plan; (3) the 
chemicals used in the aerial fumigation of coca, in the manner in which 
they are being applied, do not pose unreasonable risks or adverse 
effects to humans or the environment; and (4) procedures are available 
to evaluate claims of local citizens that their health was harmed or 
their licit agricultural crops were damaged by such aerial coca 
fumigation, and to provide fair compensation for meritorious claims; 
and such funds may not be made available for such purposes unless 
alternative development programs have been developed by the United 
States Agency for International Development and the Government of 
Colombia, in consultation with communities and local authorities, in 
the departments in which such aerial coca fumigation is planned, and 
such programs are being implemented in the departments in which such 
aerial coca fumigation has been conducted: Provided further, That none 
of the funds appropriated by this Act may be made available to support 
a Peruvian air interdiction program until the Secretary of State and 
Director of Central Intelligence certify to the Congress, 30 days 
before any resumption of United States involvement in a Peruvian air 
interdiction program, that an air interdiction program that permits the 
ability of the Peruvian Air Force to shoot down aircraft will include 
effective safeguards and procedures to prevent the occurrence of any 
incident similar to the April 20, 2001 incident: Provided further, That 
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to 
funds appropriated under this heading: Provided further, That 
assistance provided with funds appropriated under this heading that is 
made available notwithstanding section 482(b) of the Foreign Assistance 
Act of 1961, as amended, shall be made available subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That the provisions of section 3204(b) through (h) of Public 
Law 106-246, as amended by Public Law 107-115, shall be applicable to 
funds appropriated for fiscal year 2003: Provided further, That no 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available by this Act: 
Provided further, That the President shall ensure that if any 
helicopter procured with funds under this heading is used to aid or 
abet the operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately returned to 
the United States: Provided further, That of the funds appropriated 
under this heading, not less than $3,500,000 shall be made available 
for assistance for the Colombian National Park Service for training, 
equipment, and other assistance to protect Colombia's national parks 
and reserves: Provided further, That funds made available under this 
heading shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading, not more than $14,240,000 may be 
available for administrative expenses of the Department of State, and 
not more than $4,500,000 may be available for administrative expenses 
of the United States Agency for International Development.

                    migration and refugee assistance

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $782,000,000, which shall remain available until expended: 
Provided, That not more than $16,565,000 may be available for 
administrative expenses: Provided further, That $60,000,000 of the 
funds made available under this heading shall be made available for 
refugees from the former Soviet Union and Eastern Europe and other 
refugees resettling in Israel: Provided further, That funds made 
available under this heading should be made available to international 
organizations for assistance for refugees from North Korea: Provided 
further, That no later than 30 days after enactment of this Act, the 
Secretary of State shall transmit to the Committees on Appropriations a 
report in accordance with the directive contained under the heading 
``Protection of International Humanitarian Relief Workers'' in Senate 
Report 107-58.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $32,000,000, 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, 
demining and related programs and activities, $376,400,000, 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 and a voluntary contribution to the 
Korean Peninsula Energy Development Organization: Provided, That of 
this amount, $18,200,000 shall be made available for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided further, That of this amount not to exceed 
$15,000,000, to remain available until expended, may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation and disarmament: Provided 
further, That such funds may also be used for such countries other than 
the Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so following consultation with the appropriate 
committees of Congress: Provided further, That funds appropriated under 
this heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That of the funds 
appropriated under this heading, $57,000,000 should be made available 
for demining and related activities, of which not to exceed $675,000, 
in addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
the demining program: Provided further, That of the funds appropriated 
under this heading, $53,500,000 should be made available for a 
voluntary contribution to the International Atomic Energy Agency: 
Provided further, That of the funds appropriated under this heading, 
$4,000,000 should be made available to support the Small Arms 
Destruction Initiative.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961 (relating to international 
affairs technical assistance activities), $10,500,000, to remain 
available until expended, which shall be available notwithstanding any 
other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, pursuant to the 
provisions of part V of the Foreign Assistance Act of 1961, the 
Tropical Forestry Conservation Act of 1998, $40,000,000, to remain 
available until September 30, 2004: Provided, That funds appropriated 
in this paragraph that are not obligated for the cost of modifying such 
loans and loan guarantees by June 30, 2004, shall be transferred to and 
merged with funds appropriated by this Act under the heading 
``Development Assistance'' and made available to carry out tropical 
forest conservation activities authorized by the Foreign Assistance Act 
of 1961.

                     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, $80,000,000, of which up to 
$3,000,000 may remain available until September 30, 2004: 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 none of the funds 
appropriated under this heading may be made available for travel or 
other purposes that do not directly expose the individual participants 
to government officials or institutions or to other individuals or 
organizations engaged in activities involving public policy: Provided 
further, That funds appropriated under this heading for military 
education and training for Guatemala may only be available for expanded 
international military education and training and funds made available 
for Algeria 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, 
$4,067,000,000: Provided, That of the funds appropriated under this 
heading, $2,100,000,000 shall be available for grants only for Israel, 
and $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, 2002, 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 $550,000,000 shall be available for 
the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $198,000,000 shall be made available 
for assistance for Jordan: Provided further, That of the funds 
appropriated by this paragraph, not less than $3,000,000 shall be made 
available for assistance for Armenia: Provided further, That except as 
provided in the following proviso, none of the funds appropriated by 
this paragraph shall be made available for helicopters and related 
support costs for Colombia: Provided further, That up to $88,000,000 of 
the funds appropriated by this paragraph may be transferred to and 
merged with funds appropriated under the heading ``International 
Narcotics Control and Law Enforcement'' for helicopters, training and 
other assistance for the Colombian Armed Forces for security for the 
Cano Limon pipeline: 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 $350,000,000 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 2003 pursuant to section 43(b) of the Arms Export 
Control Act, except that this limitation may be exceeded only through 
the regular notification procedures of the Committees on 
Appropriations: Provided further, That foreign military financing 
program funds estimated to be outlayed for Egypt during fiscal year 
2003 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, 2002, whichever is later.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $125,250,000: Provided, That of 
the funds appropriated under this heading, not less than $7,000,000 
should be made available for assistance for Afghanistan: Provided 
further, That of the funds appropriated under this heading, not less 
than $50,000,000 should be available for assistance for Africa Regional 
Peacekeeping Operations and the Africa Crisis Response Initiative: 
Provided further, 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, $177,812,533, 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, $837,338,333, 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, $2,631,000, 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 $14,825,178.

       contribution to the inter-american investment corporation

    For payment to the Inter-American Investment Corporation, by the 
Secretary of the Treasury, $18,351,667, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $29,590,667, 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, $127,386,133, 
to remain available until expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury, $5,104,473, 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 $79,602,688.

              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, 
$108,073,333, 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, $35,804,955 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 $123,328,178.

  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, $15,003,667, 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, $230,461,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the Korean Peninsula Energy Development Organization 
or the International Atomic Energy Agency: Provided further, That of 
the funds appropriated under this heading, not less than $50,000,000 
shall be made available for the United Nations Population Fund and such 
funds shall be disbursed within 30 days of the enactment of this Act or 
by October 31, 2002, whichever is later: Provided further, That of the 
funds appropriated under this heading, $13,486,000 shall be made 
available for the United Nations Environment Program: Provided further, 
That of the funds appropriated under this heading, a total of 
$15,100,000 should be made available for International Conservation 
Programs and the International Panel on Climate Change/United Nations 
Framework Convention on Climate Change: Provided further, That of the 
funds appropriated under this heading, not less than the following 
amounts should be made available for the following programs: $6,500,000 
for Organization of American States Democracy Assistance Programs, 
$3,500,000 for the Organization of American States Fund for 
Strengthening Democracy, $6,000,000 for the World Food Program, 
$2,000,000 for International Contributions for Scientific, Educational, 
and Cultural Activities, and $1,000,000 for the United Nations Center 
for Human Settlements.

                      TITLE V--GENERAL PROVISIONS

             obligations during last month of availability

    Sec. 501. Except for the appropriations entitled ``International 
Disaster Assistance'', and ``United States Emergency Refugee and 
Migration Assistance Fund'', not more than 15 percent of any 
appropriation item made available by this Act shall be obligated during 
the last month of availability.

                  private and voluntary organizations

    Sec. 502. (a) None of the funds appropriated or otherwise made 
available by this Act for development assistance may be made available 
to any United States private and voluntary organization, except any 
cooperative development organization, which obtains less than 20 
percent of its total annual funding for international activities from 
sources other than the United States Government: Provided, That the 
Administrator of the United States Agency for International 
Development, after informing the Committees on Appropriations, may, on 
a case-by-case basis, waive the restriction contained in this 
subsection, after taking into account the effectiveness of the overseas 
development activities of the organization, its level of volunteer 
support, its financial viability and stability, and the degree of its 
dependence for its financial support on the agency.
    (b) Funds appropriated or otherwise made available under title II 
of this Act should be made available to private and voluntary 
organizations at a level which is at least equivalent to the level 
provided in fiscal year 1995.

                    limitation on residence expenses

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,500 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 $125,000 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 $125,000 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 the government of any country whose 
duly elected head of government is deposed by decree or military coup: 
Provided, That assistance may be resumed to such government if the 
President determines and certifies to the Committees on Appropriations 
that subsequent to the termination of assistance a democratically 
elected government has taken office: Provided further, That the 
provisions of this section shall not apply to assistance to promote 
democratic elections or public participation in democratic processes: 
Provided further, That funds made available pursuant to the previous 
provisos shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                       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.

                  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 section may not be used 
in fiscal year 2003.

                         availability of funds

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of 
part I, section 667, chapter 4 of part II of the Foreign Assistance Act 
of 1961, as amended, section 23 of the Arms Export Control Act, and 
funds provided under the heading ``Assistance for Eastern Europe and 
the Baltic States'', shall remain available for an additional four 
years from the date on which the availability of such funds would 
otherwise have expired, if such funds are initially obligated before 
the expiration of their respective periods of availability contained in 
this Act: Provided further, That, notwithstanding any other provision 
of this Act, any funds made available for the purposes of chapter 1 of 
part I and chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated or obligated for cash disbursements in order to 
address balance of payments or economic policy reform objectives, shall 
remain available until expended.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of 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 an 
assistance program for which funds are appropriated under this Act 
unless the Secretary of State 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. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Peacekeeping Operations'', ``Operating Expenses of 
the United States Agency for International Development'', ``Operating 
Expenses of the United States Agency for International Development 
Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Foreign Military Financing 
Program'', ``International Military Education and Training'', ``Peace 
Corps'', and ``Migration and Refugee Assistance'', shall be available 
for obligation for activities, programs, projects, type of materiel 
assistance, countries, or other operations not justified or in excess 
of the amount justified to the Appropriations Committees for obligation 
under any of these specific headings unless the Appropriations 
Committees of both Houses of Congress are previously notified 15 days 
in advance: Provided, That the President shall not enter into any 
commitment of funds appropriated for the purposes of section 23 of the 
Arms Export Control Act for the provision of major defense equipment, 
other than conventional ammunition, or other major defense items 
defined to be aircraft, ships, missiles, or combat vehicles, not 
previously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment: 
Provided further, That this section shall not apply to any 
reprogramming for an activity, program, or project under chapter 1 of 
part I of the Foreign Assistance Act of 1961 of less than 10 percent of 
the amount previously justified to the Congress for obligation for such 
activity, program, or project for the current fiscal year: Provided 
further, That the requirements of this section or any similar provision 
of this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare: Provided 
further, That in case of any such waiver, notification to the Congress, 
or the appropriate congressional committees, shall be provided as early 
as practicable, but in no event later than 3 days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.

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, 2004.

             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.

                 export financing transfer authorities

    Sec. 518. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2003, 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. 519. None of the funds appropriated by this Act shall be 
obligated or expended for Colombia, Haiti, Liberia, Serbia, Sudan, 
Zimbabwe, Nigeria, Pakistan, or the Democratic Republic of the Congo 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

              definition of program, project, and activity

    Sec. 520. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include central program level funding, 
either as: (1) justified to the Congress; or (2) allocated by the 
executive branch in accordance with a report, to be provided to the 
Committees on Appropriations within 30 days of the enactment of this 
Act, as required by section 653(a) of the Foreign Assistance Act of 
1961.

                  child survival and health activities

    Sec. 521. Up to $15,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by this Act that are made available for child 
survival activities or health programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law: Provided 
further, That funds appropriated under title II of this Act may be made 
available pursuant to section 301 of the Foreign Assistance Act of 1961 
if a primary purpose of the assistance is for child survival and 
related programs: Provided further, That of the funds appropriated 
under title II of this Act, $450,000,000 shall be made available for 
family planning/reproductive health.

                notification on excess defense equipment

    Sec. 522. 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. 523. Funds appropriated by this Act, except funds appropriated 
under the headings ``Peace Corps'' and ``Trade and Development 
Agency'', may be obligated and expended notwithstanding section 10 of 
Public Law 91-672 and section 15 of the State Department Basic 
Authorities Act of 1956.

                           democracy programs

    Sec. 524. (a) 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 less than 
$25,000,000 shall be made available for assistance for activities to 
support democracy, human rights, and the rule of law in the People's 
Republic of China, Hong Kong and Tibet, of which not less than 
$15,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, for such activities in the People's Republic of China: Provided, 
That not to exceed $3,000,000 may be made available to nongovernmental 
organizations to support activities which preserve cultural traditions 
and promote sustainable development and environmental conservation in 
Tibetan communities in Tibet: Provided further, That funds appropriated 
by this Act that are provided to the National Endowment for Democracy 
may be made available notwithstanding any other provision of law or 
regulation: Provided further, That funds made available pursuant to the 
authority of this subsection shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (b) In addition to the funds made available in subsection (a), of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'' not less than $15,000,000 shall be made available for programs 
and activities to foster democracy, human rights, women's development, 
press freedoms, and the rule of law in countries with a significant 
Muslim population, and where such programs and activities would be 
important to United States efforts to respond to, deter, or prevent 
acts of international terrorism: Provided, That funds made available 
pursuant to the authority of this subsection should support new 
initiatives or bolster ongoing programs and activities in those 
countries: Provided further, That of this amount, not less than 
$10,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, and not less than $3,000,000 shall be made available for 
programs and activities that provide professional training for 
journalists: Provided further, That funds made available pursuant to 
this subsection shall be subject to the regular notification procedures 
of the Committees on Appropriations.
    (c) Funds made available under this section that are made available 
for the Human Rights and Democracy Fund of the Bureau of Democracy, 
Human Rights, and Labor, Department of State, are in addition to the 
$12,000,000 requested by the President for the Fund for fiscal year 
2003.

       prohibition on bilateral assistance to terrorist countries

    Sec. 525. (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 the government of 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 
the government of a country if the President determines that national 
security or humanitarian reasons justify such waiver. At least 15 days 
before the waiver takes effect, the President 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.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 526. (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.

                          debt-for-development

    Sec. 527. 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. 528. (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. 529. (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. 530. 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. 531. 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. 532. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (b) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4)(E) of the Trade 
        Act of 1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                          special authorities

    Sec. 533. (a) Afghanistan, Lebanon, Montenegro, Victims of War, 
Displaced Children, and Displaced Burmese.--Funds appropriated by this 
Act that are made available for assistance for Afghanistan, and funds 
appropriated in titles I and II of this Act that are made available for 
victims of war, displaced children, and displaced Burmese, may be made 
available notwithstanding any other provision of law: Provided, That 
any such funds that are made available for Cambodia shall be subject to 
the provisions of section 531(e) of the Foreign Assistance Act of 1961 
and section 906 of the International Security and Development 
Cooperation Act of 1985.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance 
Act of 1961 may be used, notwithstanding any other provision of law, 
for the purpose of supporting tropical forestry and biodiversity 
conservation activities and energy programs aimed at reducing 
greenhouse gas emissions: Provided, That such assistance shall be 
subject to sections 116, 502B, and 620A of the Foreign Assistance Act 
of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities and managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned 
to any bureau or office: Provided further, That such funds appropriated 
to carry out the Foreign Assistance Act of 1961 may be made available 
for personal services contractors assigned only to the Office of Health 
and Nutrition; the Office of Procurement; the Bureau for Africa; the 
Bureau for Latin America and the Caribbean; 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) Contingencies.--During fiscal year 2003, the President may use 
up to $45,000,000 under the authority of section 451 of the Foreign 
Assistance Act, notwithstanding the funding ceiling in section 451(a).
    (f) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) Repeal.--Section 545(d) of Public Law 106-429, and comparable 
provisions contained in prior Acts making appropriations for foreign 
operations, export financing, and related programs, are hereby 
repealed.

                     arab league boycott of israel

    Sec. 534. It is the sense of the Senate that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with 
        Israel, is an impediment to peace in the region and to United 
        States investment and trade in the Middle East and North 
        Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) the three Arab League countries with diplomatic and 
        trade relations with Israel should return their ambassadors to 
        Israel, should refrain from downgrading their relations with 
        Israel, and should play a constructive role in securing a 
        peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize 
        relations with their neighbor Israel;
            (5) the President and the Secretary of State should 
        continue to vigorously oppose the Arab League boycott of Israel 
        and find concrete steps to demonstrate that opposition by, for 
        example, taking into consideration the participation of any 
        recipient country in the boycott when determining to sell 
        weapons to said country; and,
            (6) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage 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. 535. 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. 536. (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 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 2003, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; 
        or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                                earmarks

    Sec. 537. (a) Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                         ceilings and earmarks

    Sec. 538. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so 
directs. Earmarks or minimum funding requirements contained in any 
other Act shall not be applicable to funds appropriated by this Act.

                 prohibition on publicity or propaganda

    Sec. 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.

           prohibition of payments to united nations members

    Sec. 540. 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. 541. 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.

 withholding of assistance for parking fines owed by foreign countries

    Sec. 542. (a) In General.--Of the funds appropriated under this Act 
that are made available for a foreign country under part I of the 
Foreign Assistance Act of 1961, an amount equivalent to 110 percent of 
the total unpaid fully adjudicated parking fines and penalties owed to 
the District of Columbia and New York City, New York by such country as 
of September 30, 2002 that were incurred after the first day of the 
fiscal year preceding the current fiscal year shall be withheld from 
obligation for such country until the Secretary of State certifies and 
reports in writing to the appropriate congressional committees that 
such fines and penalties are fully paid to the governments of the 
District of Columbia and New York City, New York.
    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.

    limitation on assistance for the plo for the west bank and gaza

    Sec. 543. 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. 544. 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 or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That funds 
made available for tribunals other than Yugoslavia or Rwanda shall be 
made available subject to the regular notification procedures of the 
Committees on Appropriations.

                               landmines

    Sec. 545. 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. 546. 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. 547. 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 but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

                  special debt relief for the poorest

    Sec. 548. (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. 549. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                           haiti coast guard

    Sec. 550. 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.

         limitation on assistance to the palestinian authority

    Sec. 551. (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. 552. 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.

            protection of tropical forests and biodiversity

    Sec. 553. Of the funds appropriated under the heading ``Development 
Assistance'', not less than $150,000,000 shall be made available for 
programs and activities which directly protect tropical forests and 
biodiversity, including activities to deter illegal logging: Provided, 
That of the funds made available pursuant to this section, not less 
than $9,000,000 shall be made available for the Central African 
Regional Program for the Environment.

    energy conservation, energy efficiency and clean energy programs

    Sec. 554. (a) Funding.--Of the funds appropriated by this Act, not 
less than $175,000,000 shall be made available to support policies and 
programs in developing countries, countries in transition and other 
partner countries that directly (1) promote a wide range of energy 
conservation, energy efficiency and clean energy programs and 
activities, including the transfer of clean and environmentally 
sustainable energy technologies; (2) measure, monitor, and reduce 
greenhouse gas emissions; (3) increase carbon sequestration activities; 
and (4) enhance climate change mitigation and adaptation programs.
    (b) Greenhouse Gas Emissions Report.--Not later than 45 days after 
the date on which the President's fiscal year 2004 budget request is 
submitted to Congress, the President shall submit a report to the 
Committees on Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2003, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as 
        presented in the President's Budget Appendix; and
            (2) all fiscal year 2002 obligations and estimated 
        expenditures, fiscal year 2003 estimated expenditures and 
        estimated obligations, and fiscal year 2004 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (1) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (2) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (3) to promote 
        carbon capture and sequestration measures; (4) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (5) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
        adaptation response strategies.

                              afghanistan

    Sec. 555. Of the funds appropriated by this Act under the headings 
``Child Survival and Health Programs Fund'', ``Development 
Assistance'', ``International Disaster Assistance'', ``Transition 
Initiatives'', ``Economic Support Fund'', ``International Narcotics 
Control and Law Enforcement'', ``Migration and Refugee Assistance'', 
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'', 
``International Military Education and Training'', and ``Foreign 
Military Financing Program'', not less than $150,000,000 should be made 
available for humanitarian, reconstruction, and other assistance for 
Afghanistan, including repairing homes of Afghan citizens that were 
damaged or destroyed as a result of military operations: Provided, That 
of the funds made available pursuant to this section that are 
appropriated under the heading ``Economic Support Fund'', not less than 
$5,000,000 shall be made available for assistance for the Afghan 
Ministry of Women's Affairs for activities to promote girl's and 
women's education, reproductive health, legal rights, and economic 
opportunities.

                                zimbabwe

    Sec. 556. The Secretary of the Treasury shall instruct the United 
States executive director to each international financial institution 
to vote against any extension by the respective institution of any 
loans, to the Government of Zimbabwe, except to meet basic human needs 
or to promote democracy, unless the Secretary of State determines and 
certifies to the Committees on Appropriations that the rule of law has 
been restored in Zimbabwe, including respect for ownership and title to 
property, freedom of speech and association.

                                nigeria

    Sec. 557. Funds appropriated under the headings ``International 
Military Education and Training'' and ``Foreign Military Financing 
Program'' may be made available for Nigeria only for expanded 
international military education and training and non-lethal defense 
articles, until the President certifies to the appropriate 
congressional committees that the Nigerian Minister of Defense, the 
Chief of the Army Staff, and the Minister of State for Defense/Army are 
suspending from the Armed Forces those members, of whatever rank, 
against whom there is credible evidence of gross violations of human 
rights in Benue State in October 2001, and the Government of Nigeria 
and the Nigerian Armed Forces are taking effective measures to bring 
such individuals to justice.

                                 burma

    Sec. 558. Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $6,500,000 shall be made available to 
support democracy activities in Burma, democracy and humanitarian 
activities along the Burma-Thailand border, and for Burmese student 
groups and other organizations located outside Burma: Provided, That 
funds made available for Burma-related activities under this heading 
may be made available notwithstanding any other provision of law: 
Provided further, That funds made available by this section shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

                      enterprise fund restrictions

    Sec. 559. Prior to the distribution of any assets resulting from 
any liquidation, dissolution, or winding up of an Enterprise Fund, in 
whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.

                                cambodia

    Sec. 560. (a) The Secretary of the Treasury shall instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to oppose 
loans to the Central Government of Cambodia, except loans to meet basic 
human needs.
    (b)(1) None of the funds appropriated by this Act may be made 
available for assistance for the Central Government of Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic 
education, reproductive and maternal and child health, and for the 
Ministry of Women and Veterans Affairs to combat human trafficking.
    (c) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'', $5,000,000 shall be made available, 
notwithstanding subsection (b), for assistance for democratic 
opposition political parties in Cambodia.
    (d) Of the funds appropriated by this Act, $3,750,000 shall be made 
available as a contribution for an endowment to sustain rehabilitation 
programs for Cambodians suffering from physical disabilities that are 
administered by an American nongovernmental organization that is 
directly supported by the United States Agency for International 
Development: Provided, That funds made available for such assistance 
shall be in addition to the level of assistance proposed by the 
President for Cambodia for fiscal year 2003: Provided further, That 
such funds may be made available only if an amount at least equal to 
the United States contribution is provided for the endowment from 
sources other than the United States Government.

                    foreign military training report

    Sec. 561. (a) The Secretary of Defense and the Secretary of State 
shall jointly provide to the Congress by March 1, 2003, 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 2002 and 2003, including those proposed 
for fiscal year 2003. This report shall include, for each such military 
training activity, the foreign policy justification and purpose for the 
training activity, the cost of the training activity, the number of 
foreign students trained and their units of operation, and the location 
of the training. In addition, this report shall also include, with 
respect to United States personnel, the operational benefits to United 
States forces derived from each such training activity and the United 
States military units involved in each such training activity. This 
report may include a classified annex if deemed necessary and 
appropriate.
    (b) For purposes of this section a report to Congress shall be 
deemed to mean a report to the Appropriations and Foreign Relations 
Committees of the Senate and the Appropriations and International 
Relations Committees of the House of Representatives.

            korean peninsula energy development organization

    Sec. 562. (a) Of the funds made available under the heading 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', 
$75,000,000 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 2004 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.

                                colombia

    Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act or prior Acts making appropriations for foreign operations, export 
financing, and related programs, that are available for assistance for 
the Colombian Armed Forces and National Police, may be made available 
for assistance to support the Colombian Government's unified campaign 
against narcotics trafficking and against paramilitary and guerrilla 
organizations designated as terrorist organizations in that country, as 
follows:
            (1) Not more than 60 percent of such funds that are 
        available for the Colombian Armed Forces may be obligated after 
        a determination by the Secretary of State and a certification 
        to the appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank, who have been credibly 
                alleged to have committed gross violations of human 
                rights, including extra-judicial killings, or to have 
                aided or abetted paramilitary organizations.
                    (B) The Colombian Government is prosecuting and 
                punishing those members of the Colombian Armed Forces, 
                of whatever rank, who have been credibly alleged to 
                have committed gross violations of human rights, 
                including extra-judicial killings, or to have aided or 
                abetted paramilitary organizations, and the Colombian 
                Armed Forces are cooperating with civilian prosecutors 
                and judicial authorities in such cases (including 
                providing requested information, such as the identity 
                of persons suspended from the Armed Forces and the 
                nature and cause of the suspension, and access to 
                witnesses, relevant military documents, and other 
                requested information).
                    (C) The Colombian Armed Forces are severing links 
                (including denying access to military intelligence, 
                vehicles, and other equipment or supplies, and ceasing 
                other forms of active or tacit cooperation) at the 
                command, battalion, and brigade levels, with 
                paramilitary organizations.
                    (D) The Colombian Armed Forces are apprehending the 
                leaders of paramilitary organizations.
            (2) The balance of such funds may be obligated after June 
        1, 2003, if the Secretary of State determines and certifies to 
        the appropriate congressional committees that the Colombian 
        Armed Forces are continuing to meet the criteria contained in 
        paragraphs (1)(A), (B), (C) and (D) and are conducting vigorous 
        operations to restore government authority and respect for 
        human rights in areas under the effective control of 
        paramilitary and guerrilla organizations.
    (b) Consultative Process.--At least 10 days prior to making the 
determinations and certifications required by subsection (a), and every 
120 days thereafter during fiscal year 2003, the Secretary of State 
shall consult with internationally recognized human rights 
organizations regarding progress in meeting the conditions contained in 
that subsection.
    (c) Report.--One hundred and twenty days after the enactment of 
this Act, and every 120 days thereafter during fiscal year 2003, the 
Secretary of State shall submit a report to the Committees on 
Appropriations describing actions taken by the Colombian Armed Forces 
to meet the requirements set forth in subsections (a)(1)(A) through 
(a)(1)(D).
    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
        cooperatives.

                          illegal armed groups

    Sec. 564. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which 
        allow, facilitate, or otherwise foster the activities of such 
        groups; or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.
    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
urgent humanitarian reasons.

 prohibition on assistance to the palestinian broadcasting corporation

    Sec. 565. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

                                  iraq

    Sec. 566. Notwithstanding any other provision of law, funds 
appropriated under the heading ``Economic Support Fund'' may be made 
available for programs benefitting the Iraqi people and to support 
efforts to bring about a transition to democracy in Iraq: Provided, 
That not more than 15 percent of the funds, except for costs related to 
broadcasting activities, may be used for administrative and 
representational expenses, including expenditures for salaries, office 
rent and equipment: Provided further, That none of the funds made 
available pursuant to the authorities provided in this section may be 
made available to any organization to reimburse or pay for costs 
incurred by such organization in prior fiscal years: Provided further, 
That funds made available under this heading are made available subject 
to the regular notification procedures of the Committees on 
Appropriations.

                       west bank and gaza program

    Sec. 567. For fiscal year 2003, 30 days prior to the initial 
obligation of funds for the bilateral West Bank and Gaza Program, the 
Secretary of State shall certify to the appropriate committees of 
Congress that procedures have been established to assure the 
Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.

                               indonesia

    Sec. 568. (a) Funds appropriated by this Act under the heading 
``Foreign Military Financing Program'' may be made available for 
assistance for Indonesia, and lethal defense articles may be licensed 
for export to Indonesia, if the President certifies to the appropriate 
congressional committees that--
            (1) the Indonesia Minister of Defense is suspending from 
        the Armed Forces those members, of whatever rank, who have been 
        credibly alleged to have committed gross violations of human 
        rights, or to have aided or abetted militia groups;
            (2) the Indonesian Government is prosecuting and punishing 
        those members of the Indonesian Armed Forces, of whatever rank, 
        who have been credibly alleged to have committed gross 
        violations of human rights, or to have aided or abetted militia 
        groups, and the Indonesian Armed Forces are cooperating with 
        civilian prosecutors and judicial authorities in such cases 
        (including providing access to witnesses, relevant military 
        documents, and other requested information); and
            (3) the Minister of Defense is making publicly available 
        audits of receipts and expenditures of the Indonesian Armed 
        Forces, including audits of receipts from private enterprises 
        and foundations.

    briefings on potential purchases of defense articles or defense 
                           services by taiwan

    Sec. 569. (a) Briefings.--Not later than 90 days after the date of 
enactment of this Act, and not later than every 120 days thereafter 
during fiscal year 2003, the Department of State, in consultation with 
the Department of Defense, shall provide detailed briefings to the 
appropriate congressional committees (including the Committees on 
Appropriations) on any discussions conducted between any executive 
branch agency and the government of Taiwan during the preceding 120 
days (or, in the case of the initial briefing, since the date of 
enactment of this Act) on any potential purchase of defense articles or 
defense services by the government of Taiwan.
    (b) Executive Agency Defined.--In this section, the term 
``executive branch agency'' has the meaning given the term ``agency'' 
in section 551(1) of title 5, United States Code.

  restrictions on assistance to governments destabilizing sierra leone

    Sec. 570. (a) None of the funds appropriated by this Act may be 
made available for assistance for the government of any country for 
which the Secretary of State determines there is credible evidence that 
such government has knowingly facilitated the safe passage of weapons 
or other equipment, or has provided lethal or non-lethal military 
support or equipment, directly or through intermediaries, within the 
previous six months to the Sierra Leone Revolutionary United Front, 
Liberian Security Forces, or any other group intent on destabilizing 
the democratically elected government of the Republic of Sierra Leone.
    (b) None of the funds appropriated by this Act may be made 
available for assistance for the government of any country for which 
the Secretary of State determines there is credible evidence that such 
government has aided or abetted, within the previous six 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. 571. Section 579(c)(2)(D) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000, as enacted by 
section 1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public 
Law 106-113), as amended, is amended by striking ``December 31, 2002'' 
and inserting in lieu thereof ``December 31, 2003''.

                               uzbekistan

    Sec. 572. Funds appropriated by this Act may be made available for 
assistance for the Government of Uzbekistan if the Secretary of State 
determines and reports to the Committees on Appropriations that the 
Government of Uzbekistan is making substantial and continuing progress 
in meeting its commitments under the ``Declaration on the Strategic 
Partnership and Cooperation Framework Between the Republic of 
Uzbekistan and the United States of America''.

  american churchwomen and other citizens in el salvador and guatemala

    Sec. 573. (a) Information relevant to the December 2, 1980, murders 
of four American churchwomen in El Salvador, and the May 5, 2001, 
murder of Sister Barbara Ann Ford and the murders of other American 
citizens in Guatemala since December 1999, should be investigated and 
made public.
    (b) Not later than 45 days after enactment of this Act, the 
President shall order all Federal agencies and departments, including 
the Federal Bureau of Investigation, that possess relevant information, 
to expeditiously declassify and release to the victims' families such 
information, consistent with existing standards and procedures on 
classification, and shall provide a copy of such order to the 
Committees on Appropriations.
    (c) In making determinations concerning declassification and 
release of relevant information, all Federal agencies and departments 
should use the discretion contained within such existing standards and 
procedures on classification in support of releasing, rather than 
withholding, such information.
    (d) All reasonable efforts should be taken by the American Embassy 
in Guatemala to work with relevant agencies of the Guatemalan 
Government to protect the safety of American citizens in Guatemala, and 
to assist in the investigations of violations of human rights.

                 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)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, 
and the Secretary of the Treasury shall instruct the United States 
executive directors to the international financial institutions to vote 
against any new project involving the extension by such institutions of 
any financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been publicly 
indicted by the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such 
country, entity, or municipality are--
            (1) cooperating with the Tribunal, including unimpeded 
        access for investigators to archives and witnesses, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.
    (c) Not less than 10 days before any vote in an international 
financial institution regarding the extension of any new project 
involving financial or technical assistance or grants to any country or 
entity described in subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, shall provide to the 
Committees on Appropriations a written justification for the proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the location of 
the proposed assistance by municipality, its purpose, and its intended 
beneficiaries.
    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International 
Development, and the Secretary of the Treasury shall consult with 
representatives of human rights organizations and all government 
agencies with relevant information to help prevent indicted war 
criminals from benefiting from any financial or technical assistance or 
grants provided to any country or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation 
        of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and 
        Herzegovina, together with annexes relating thereto, done at 
        Dayton, November 10 through 16, 1995.

                               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, grant, strategy or policy 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' financing 
programs.

                           funding for serbia

    Sec. 577. (a) Funds appropriated by this Act may be made available 
for assistance for Serbia after March 31, 2003, if the President has 
made the determination and certification contained in subsection (c).
    (b) After March 31, 2003, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of the Federal Republic of Yugoslavia subject to the 
conditions in subsection (c): Provided, That section 576 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997, as amended, shall not apply to the provision of loans and 
assistance to the Federal Republic of Yugoslavia through international 
financial institutions.
    (c) The determination and certification referred to in subsection 
(a) is a determination by the President and a certification to the 
Committees on Appropriations that the Government of the Federal 
Republic of Yugoslavia is--
            (1) cooperating, on a continuing basis, with the 
        International Criminal Tribunal for the former Yugoslavia 
        including unimpeded access for investigators to archives and 
        witnesses, the provision of documents, and the surrender and 
        transfer of indictees or assistance in their apprehension;
            (2) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law, including 
        ending Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions.
    (d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo, 
humanitarian assistance, assistance to promote democracy in 
municipalities, or assistance to promote reconciliation among ethnic 
groups within the former Yugoslavia.

                   community-based police assistance

    Sec. 578. (a) Authority.--Funds made available to carry out the 
provisions of chapter 1 of part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961, may be used, notwithstanding section 
660 of that Act, to enhance the effectiveness and accountability of 
civilian police authority in Jamaica and El Salvador through training 
and technical assistance in human rights, the rule of law, strategic 
planning, and through assistance to foster civilian police roles that 
support democratic governance including assistance for programs to 
prevent conflict and foster improved police relations with the 
communities they serve.
    (b) Report.--
            (1) The Administrator of the United States Agency for 
        International Development shall submit, at the time of 
        submission of the agency's Congressional Budget Justification 
        Document for fiscal year 2004, and annually thereafter, a 
        report to the Committees on Appropriations describing the 
        progress these programs are making toward improving police 
        relations with the communities they serve and 
        institutionalizing an effective community-based police program.
            (2) The requirements of paragraph (1) are in lieu of the 
        requirements contains in section 587(b) of Public Law 107-115.
    (c) Notification.--Assistance provided under subsection (a) shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

excess defense articles for central and southern european countries and 
                        certain other countries

    Sec. 579. Notwithstanding section 516(e) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2003 
and 2004, funds available to the Department of Defense may be expended 
for crating, packing, handling, and transportation of excess defense 
articles transferred under the authority of section 516 of such Act to 
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of 
Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, 
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan, 
Turkmenistan, Ukraine, and Uzbekistan: Provided, That section 105 of 
Public Law 104-164 is amended by striking ``2002 and 2003'' and 
inserting ``2003 and 2004''.

    overseas private investment corporation and export-import bank 
                              restrictions

    Sec. 580. (a) Limitation on Use of Funds by OPIC.--None of the 
funds made available in this Act may be used by the Overseas Private 
Investment Corporation to insure, reinsure, guarantee, or finance any 
investment in connection with a project involving the mining, polishing 
or other processing, or sale of diamonds in a country that fails to 
meet the requirements of subsection (c).
    (b) Limitation on Use of Funds by the Export-Import Bank.--None of 
the funds made available in this Act may be used by the Export-Import 
Bank of the United States to guarantee, insure, extend credit, or 
participate in an extension of credit in connection with the export of 
any goods to a country for use in an enterprise involving the mining, 
polishing or other processing, or sale of diamonds in a country that 
fails to meet the requirements of subsection (c).
    (c) Requirements.--The requirements referred to in subsection (a) 
and (b) are that the country concerned is implementing the 
recommendations, obligations and requirements developed by the 
Kimberley Process on conflict diamonds, or taking other measures that 
the Secretary of State determines to contribute effectively to 
preventing and eliminating the trade in conflict diamonds.

             requirements relating to private organizations

    Sec. 581. Notwithstanding any other provision of law, regulation, 
or policy, in determining eligibility for assistance authorized under 
part I of the Foreign Assistance Act of 1961, foreign private 
organizations shall be subject to only those requirements relating to 
the use of non-United States Government funds for advocacy and lobbying 
activities that apply to United State private organizations receiving 
assistance under part I of such Act.

                        corporate responsibility

    Sec. 582. The Export-Import Bank of the United States, the Overseas 
Private Investment Corporation, and the Trade and Development Agency 
shall require, before obligating funds appropriated by this Act for any 
grant, loan, insurance, reinsurance, or other financing with a for-
profit enterprise doing business in the United States, that the chief 
executive officer of such enterprise certify that any filing with an 
agency of the United States Government on the financial condition of 
the enterprise is, to the best knowledge of the officer, complete and 
accurate.

        modification to the annual drug certification procedures

    Sec. 583. During fiscal year 2003, the provisions of section 591 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2002, shall be applicable to funds appropriated by 
this Act in the same manner that such provisions were applicable to 
funds appropriated by such Act for fiscal year 2002.

                  transparency of government revenues

    Sec. 584. None of the funds appropriated by this Act may be made 
available for assistance for the central government of a country, after 
180 days from the date of enactment of this Act, that is not taking 
steps to make publicly available documentation of its revenues from 
natural resource extraction (including but not limited to oil, natural 
gas, mining, and timber) within the territory of such country.

           cooperation with cuba on counter-narcotics matters

    Sec. 585. (a) Subject to subsection (b), of the funds appropriated 
under the heading ``International Narcotics Control and Law 
Enforcement'', $3,000,000 should be made available for the purposes of 
preliminary work by the Department of State, or such other entities as 
the Secretary of State may designate, to establish cooperation with 
appropriate agencies of the Government of Cuba on counter-narcotics 
matters, including matters relating to cooperation, coordination, and 
mutual assistance in the interdiction of illicit drugs being 
transported through Cuba airspace or over Cuba waters.
    (b) The amount in subsection (a) shall not be available if the 
President certifies that--
            (1) Cuba does not have in place appropriate procedures to 
        protect against the loss of innocent life in the air and on the 
        ground in connection with the interdiction of illegal drugs; 
        and
            (2) there is evidence of involvement of the Government of 
        Cuba in drug trafficking.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 586. 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.

                                 tibet

    Sec. 587. The Secretary of the Treasury should instruct the United 
States executive director to each international financial institution 
to use the voice and vote to support projects in Tibet if such projects 
do not provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of Tibetan 
land and natural resources to non-Tibetans; are based on a thorough 
needs-assessment; foster self-sufficiency of the Tibetan people and 
respect Tibetan culture and traditions; and are subject to effective 
monitoring.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2003''.


                                                       Calendar No. 513

107th CONGRESS

  2d session

                                S. 2779

                          [Report No. 107-219]

_______________________________________________________________________

                                 A BILL

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2003, and for 
                            other purposes.

_______________________________________________________________________

                             July 24, 2002

                 Read twice and placed on the calendar