[Congressional Record Volume 147, Number 142 (Tuesday, October 23, 2001)]
[Senate]
[Pages S10879-S10899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2002
The PRESIDING OFFICER. Under the previous order, the clerk will
report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 2506) making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 2002, and for other
purposes.
The Senate proceeded to consider the bill which had been reported
from the Committee on Appropriations, with an amendment to strike all
after the enacting clause and inserting in lieu thereof the following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2002, and for other purposes,
namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during
[[Page S10880]]
the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty
on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $753,323,000 to
remain available until September 30, 2005: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until September 30, 2020 for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2002, 2003, 2004, and 2005:
Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign
operations, export financing, or related programs for tied-
aid credits or grants may be used for any other purpose
except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available
notwithstanding section 2(b)(2) of the Export Import Bank Act
of 1945, in connection with the purchase or lease of any
product by any East European country, any Baltic State or any
agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, $64,000,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in
connection with the collection of moneys owed the Export-
Import Bank, repossession or sale of pledged collateral or
other assets acquired by the Export-Import Bank in
satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation
of the legal or technical aspects of any transaction for
which an application for a loan, guarantee or insurance
commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2002.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $38,608,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
Such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit
and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$50,024,000, to remain available until September 30, 2003.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2002,
unless otherwise specified herein, as follows:
united states agency for international development
child survival and health programs fund
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, family planning/reproductive
health, assistance to combat tropical and other infectious
diseases, and related activities, in addition to funds
otherwise available for such purposes, $1,455,500,000, to
remain available until expended: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs, and related
education programs; (4) assistance for displaced and orphaned
children; (5) programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for
nonproject assistance, except that funds may be made
available for such assistance for ongoing health programs:
Provided further, That of the funds appropriated under this
heading, not to exceed $125,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $325,000,000 for child survival and
maternal health; $25,000,000 for vulnerable children;
$415,000,000 for HIV/AIDS including $40,000,000 which may be
made available, notwithstanding any other provision of law,
for a United States contribution to a global fund to combat
HIV/AIDS, malaria, and tuberculosis, and not less than
$15,000,000 which should be made available to support the
development of microbicides as a means for combating HIV/
AIDS; $175,000,000 for other infectious diseases;
$120,000,000 for UNICEF: Provided further, That of the funds
appropriated under this Act, not less than $450,000,000 shall
be made available to carry out the purposes of section 104(b)
of the Foreign Assistance Act of 1961, of which not less than
$395,000,000 shall be made available from funds appropriated
under this heading and not less than $55,000,000 shall be
made available from funds appropriated under other headings
in this title: Provided further, That of the funds
appropriated under this heading, up to $50,500,000 may be
made available for a United States contribution to The
Vaccine Fund, and up to $10,000,000 may be made available for
the International AIDS Vaccine Initiative: Provided further,
That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this Act may be used
to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice
abortions: Provided further, That none of the funds made
available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance
on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer,
either directly or through referral to, or information about
access to, a broad range of family planning methods and
services, and that any such voluntary family planning project
shall meet the following requirements: (1) service providers
or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the Administrator of the
United States Agency for International Development determines
that there has been a violation of the requirements contained
in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a report containing
a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding
grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, That for purposes of this or any other Act
authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,235,000,000, to remain
available until September 30, 2003: Provided, That
$135,000,000 should be allocated for children's
[[Page S10881]]
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 $25,000, in addition to funds otherwise available for
such purposes, may be used to monitor and provide oversight
of such programs: Provided further, That of the aggregate
amount of the funds appropriated by this Act that are made
available for agriculture and rural development programs,
$30,000,000 should be made available for plant biotechnology
research and development: Provided further, That not less
than $2,300,000 should be made available for core support for
the International Fertilizer Development Center: Provided
further, That of the funds appropriated under this heading,
not less than $500,000 shall be made available for support of
the United States Telecommunications Training Institute:
Provided further, That of the funds appropriated under this
heading, not less than $19,000,000 shall be made available
for the American Schools and Hospitals Abroad program.
ENVIRONMENT, CLEAN ENERGY, AND ENERGY CONSERVATION PROGRAMS FUND
Of the funds appropriated under the heading ``Development
Assistance'', not less than $295,000,000 should be made
available for programs and activities which directly protect
tropical forests, biodiversity and endangered species,
promote the sustainable use of natural resources, and promote
a wide range of clean energy and energy conservation
activities, including the transfer of cleaner and
environmentally sustainable energy technologies, and related
activities: Provided, That of the funds appropriated by this
Act, not less than $175,000,000 should be made available to
support policies and actions in developing countries and
countries in transition that measure, monitor, report,
verify, and reduce greenhouse gas emissions; increase carbon
sequestration activities; and enhance climate change
mitigation programs.
cyprus
Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $15,000,000 shall be made
available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal
projects, and measures aimed at reunification of the island
and designed to reduce tensions and promote peace and
cooperation between the two communities on Cyprus.
lebanon
Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $35,000,000 should be made
available for Lebanon to be used, among other programs, for
scholarships and direct support of the American educational
institutions in Lebanon: Provided, That, notwithstanding
section 534(a) of this Act, none of the funds appropriated
under the heading ``Economic Support Fund'' may be made
available for assistance for the Central Government of
Lebanon until the Secretary of State determines and certifies
to the Committees on Appropriations that the Government of
Lebanon has enforced the custody and international pickup
orders, issued during calendar year 2001, of Lebanon's civil
courts regarding abducted American children in Lebanon.
INDONESIA
Of the funds appropriated under the headings ``Economic
Support Fund'', ``Child Survival and Health Programs Fund''
and ``Development Assistance'', not less than $135,000,000
should be made available for Indonesia: Provided, That not
less than $10,000,000 should be made available for
humanitarian, economic rehabilitation, and related activities
in Aceh, West Papua and Maluka: Provided further, That funds
made available in the previous proviso may be transferred to
and merged with the appropriation for Transition Initiatives.
burma
Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $6,500,000 should 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 the provision of such funds shall be
made available subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, as enacted by
section 101(a) of Public Law 106-429, is amended, under the
heading ``Burma'', by inserting ``, `Child Survival and
Disease Programs Fund','' after ``Fund''.
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, $255,000,000, to remain available until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$52,500,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees, up to
$25,000,000, as authorized by sections 108 and 635 of the
Foreign Assistance Act of 1961: Provided, That such funds
shall be derived by transfer from funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of
1961, and under the heading ``Assistance for Eastern Europe
and the Baltic States'': Provided further, That such funds
shall be made available only for micro and small enterprise
programs, urban programs, and other programs which further
the purposes of part I of the Act: Provided further, That
such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading. In addition, for administrative expenses to carry
out credit programs administered by the United States Agency
for International Development, $7,500,000, all of which may
be transferred to and merged with the appropriation for
Operating Expenses of the United States Agency for
International Development: Provided further, That funds
appropriated under this heading shall remain available until
September 30, 2003.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $44,880,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of
section 667, $549,000,000: Provided, That none of the funds
appropriated under this heading may be made available to
finance the construction (including architect and engineering
services), purchase, or long term lease of offices for use by
the United States Agency for International Development,
unless the Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the
total cost of construction (including architect and
engineering services), purchase, or long term lease of
offices does not exceed $1,000,000: Provided further, That of
the funds appropriated under this heading, up to $10,000,000
may remain available until expended for overseas facilities
construction, leasing, and other security-related costs.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of
section 667, $32,000,000, to remain available until September
30, 2003, which sum shall be available for the Office of the
Inspector General of the United States Agency for
International Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,239,500,000, to remain available
until September 30, 2003: Provided, That of the funds
appropriated under this heading, not less than $720,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act or by
October 31, 2001, whichever is later: Provided further, That
not less than $655,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which
sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken
in previous fiscal years, and of which not less than
$160,000,000 shall be provided as Commodity Import Program
assistance: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that
Israel enters into a side letter agreement in an amount
proportional to the fiscal year 1999 agreement: Provided
further, That of the funds appropriated under this heading,
$150,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated
under this heading, not less than $25,000,000 shall be made
available for assistance for East Timor of which up to
$1,000,000 may be transferred to and merged with the
appropriation for Operating Expenses of the United States
Agency for International Development: Provided further, That
of the funds appropriated under this heading, $12,000,000
should be made available for Mongolia: Provided further, That
up to $10,000,000 of the funds appropriated under this
heading may be used, notwithstanding any other provision of
law, to provide assistance to the National Democratic
Alliance of Sudan to strengthen its ability to protect
civilians from attacks, slave raids, and aerial bombardment
by the Sudanese Government forces and its militia allies, and
the provision of such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That in the previous proviso, the term
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``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.
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, $603,000,000, to
remain available until September 30, 2003, which shall be
available, notwithstanding any other provision of law, for
assistance and for related programs for Eastern Europe and
the Baltic States: Provided, That funds made available for
assistance for Kosovo from funds appropriated under this
heading and under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement''
should not exceed 15 percent of the total resources pledged
by all donors for calendar year 2002 for assistance for
Kosovo as of March 31, 2002: Provided further, That none of
the funds made available under this Act for assistance for
Kosovo shall be made available for large scale physical
infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the United States Agency for
International Development shall provide written approval for
grants and loans prior to the obligation and expenditure of
funds for such purposes, and prior to the use of funds that
have been returned or repaid to any lending facility or
grantee.
(e) The provisions of section 529 of this Act shall apply
to funds made available under subsection (d) and to funds
appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 529 of this Act, local currencies
generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General
Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and
related activities between Iranian officials and Bosnian
officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $800,000,000, to remain available until September
30, 2003: Provided, That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
funds may be used for confidence-building measures and other
activities in furtherance of the peaceful resolution of the
regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
funds appropriated under this heading not less than
$20,000,000 shall be made available solely for the Russian
Far East.
(b) Of the funds appropriated under this heading, not less
than $180,000,000 should be made available for assistance for
Ukraine: Provided, That of this amount, not less than
$25,000,000 should be made available for nuclear reactor
safety initiatives: Provided further, That not later than 60
days after the date of enactment of this Act, and 120 days
thereafter, the Department of State shall submit to the
Committees on Appropriations a report on progress by the
Government of Ukraine in investigating and bringing to
justice individuals responsible for the murders of Ukrainian
journalists.
(c) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia: Provided, That of this amount, not less than
$5,000,000 shall be made available to the Government of
Armenia to support an education initiative in Armenia,
including the provision of computer equipment and internet
access to Armenian primary and secondary schools.
(d) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Georgia, of which not less than $3,000,000 should be made
available for a small business development project.
(e) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(f) Of the funds made available under this heading for
nuclear safety activities, not to exceed 8 percent of the
funds provided for any single project may be used to pay for
management costs incurred by a United States agency or
national lab in administering said project.
(g)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the
Government of the Russian Federation:
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability;
(B) is cooperating with international efforts to
investigate allegations of war crimes and atrocities in
Chechnya;
(C) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya; and
(D) is in compliance with article V of the Treaty on
Conventional Armed Forces in Europe regarding forces deployed
in the flank zone in and around Chechyna.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(h) Of the funds appropriated under this heading, not less
than $45,000,000 should be made available, in addition to
funds otherwise available for such purposes, for assistance
for child survival, environmental and reproductive health,
and to combat HIV/AIDS, tuberculosis, and other infectious
diseases, and for related activities.
Independent Agencies
peace corps
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $275,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2003.
INTER-AMERICAN FOUNDATION
For expenses necessary to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969, and to
make commitments without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104(b)(3), $13,106,950.
AFRICAN DEVELOPMENT FOUNDATION
For expenses necessary to carry out title V of the
International Security and Development Cooperation Act of
1980, Public Law 96-533, and to make commitments without
regard to fiscal year limitations, as provided by 31 U.S.C.
9104(b)(3), $16,542,000: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the President of the Foundation:
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That this authority applies to interest earned both prior to
and following enactment of this provision: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the
board of directors of the Foundation may waive the $250,000
limitation contained in that section with respect to a
project: Provided further, That the Foundation shall provide
a report to the Committees on Appropriations after each time
such waiver authority is exercised.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $217,000,000, to remain
available until expended: Provided, That any funds made
available under this heading for anti-crime programs and
activities shall be made available subject to the regular
notification procedures of the Committees
[[Page S10883]]
on Appropriations: Provided further, That during fiscal year
2002, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from
an agency of the United States Government for the purpose of
providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading, not less than
$10,000,000 should be made available for anti-trafficking in
persons programs, including trafficking prevention,
protection and assistance for victims, and prosecution of
traffickers: Provided further, That of the funds appropriated
under this heading, not more than $16,660,000 shall be
available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 solely to support counterdrug
activities in the Andean region of South America,
$567,000,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not less
than $200,000,000 shall be apportioned directly to the United
States Agency for International Development, to be used for
economic and social programs: Provided further, That funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca fumigation programs may be made
available for such programs only if the Secretary of State,
after consultation with the Secretary of the Department of
Health and Human Services and the Surgeon General, determines
and reports to the Committees on Appropriations that (1) the
chemicals used in the aerial fumigation of coca, in the
manner in which they are being applied, do not pose an undue
risk to human health or safety; (2) that aerial coca
fumigation is being carried out according to the health,
safety, and usage procedures recommended by the Environmental
Protection Agency, the Centers for Disease Control and
Prevention, and the manufacturers of the chemicals; and (3)
that effective mechanisms are in place to evaluate claims of
local citizens that their health was harmed or their licit
agricultural crops were damaged by such aerial coca
fumigation, and provide fair compensation for meritorious
claims: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance
provided with funds appropriated under this heading that is
made available notwithstanding section 482(b) of the Foreign
Assistance Act of 1961, as amended, shall be made available
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That section
3204(b) of the Emergency Supplemental Act, 2000 (Public Law
106-246) shall be applicable to funds appropriated by this
Act: Provided further, That the President shall ensure that
if any helicopter procured with funds under this heading is
used to aid or abet the operations of any illegal self-
defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United
States: Provided further, That funds made available under
this heading shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading,
not more than $14,240,000 shall be available for
administrative expenses of the Department of State.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $735,000,000,
which shall remain available until expended: Provided, That
not more than $16,000,000 shall be available for
administrative expenses: Provided further, That not less than
$60,000,000 of the funds made available under this heading
shall be made available for refugees from the former Soviet
Union and Eastern Europe and other refugees resettling in
Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $15,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Act which
would limit the amount of funds which could be appropriated
for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $326,500,000, to carry
out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter
9 of part II of the Foreign Assistance Act of 1961, section
504 of the FREEDOM Support Act, section 23 of the Arms Export
Control Act or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary
contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That the Secretary of State shall
inform the Committees on Appropriations at least 10 days
prior to the obligation of funds for the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission: Provided
further, That of this amount not to exceed $14,000,000, to
remain available until expended, may be made available for
the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and
disarmament: Provided further, That such funds may also be
used for such countries other than the Independent States of
the former Soviet Union and international organizations when
it is in the national security interest of the United States
to do so following consultation with the appropriate
committees of Congress: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the
activities of that Agency: Provided further, That of the
funds appropriated under this heading, $40,000,000 should be
made available for demining, clearance of unexploded
ordnance, and related activities: Provided further, That of
the funds made available for demining and related activities,
not to exceed $500,000, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of the
demining program: Provided further, That of the funds
appropriated under this heading, $3,500,000 should be made
available to support the Small Arms Destruction Initiative.
Department of the Treasury
International Affairs Technical Assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961 (relating
to international affairs technical assistance activities),
$6,000,000, to remain available until expended, which shall
be available notwithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, and of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, and concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $235,000,000, to remain
available until expended: Provided, That not less than
$11,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V
of the Foreign Assistance Act of 1961, and up to $14,000,000
of unobligated balance of funds available under this heading
from prior year appropriations acts should be made available
to carry out such provisions: Provided further, That funds
appropriated or otherwise made available under this heading
in this Act may be used by the Secretary of the Treasury to
pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are
eligible for debt reduction pursuant to title V of H.R. 3425
as enacted into law by section 1000(a)(5) of Public Law 106-
113: Provided further, That amounts paid to the HIPC Trust
Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the government of such
country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse
[[Page S10884]]
funds designated for debt reduction through the HIPC Trust
Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(b) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Acts shall be made available for Sudan or
Burma unless the Secretary of Treasury determines and
notifies the Committees on Appropriations that a
democratically elected government has taken office: Provided
further, That the authority provided by section 572 of Public
Law 100-461 may be exercised only with respect to countries
that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$75,000,000, of which up to $5,000,000 may remain available
until expended: Provided, That the civilian personnel for
whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That funds
appropriated under this heading for military education and
training for Zimbabwe, Indonesia and Guatemala may only be
available for expanded international military education and
training and funds made available for Zimbabwe, Cote
D'Ivoire, The Gambia, the Democratic Republic of the Congo,
Algeria, Indonesia and Guatemala may only be provided through
the regular notification procedures of the Committees on
Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,674,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,040,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only
for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days
of the enactment of this Act or by October 31, 2001,
whichever is later: Provided further, That to the extent that
the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less
than $535,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That of the funds
appropriated by this paragraph, not less than $75,000,000
shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated by this paragraph,
not less than $10,000,000 shall be made available for
assistance for Tunisia: Provided further, That during fiscal
year 2002, the President is authorized to, and shall, direct
the draw-downs of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training of an aggregate
value of not less than $5,000,000 under the authority of this
proviso for Tunisia for the purposes of part II of the
Foreign Assistance Act of 1961 and any amount so directed
shall count toward meeting the earmark in the preceding
proviso: Provided further, That funds appropriated by this
paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That none of the funds appropriated under this
heading shall be available for assistance for Sudan and
Liberia: Provided further, That funds made available under
this heading may be used, notwithstanding any other provision
of law, for demining, the clearance of unexploded ordnance,
and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That none of the funds
appropriated under this heading shall be available for
assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal
year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading
for procurement of defense articles, defense services or
design and construction services that are not sold by the
United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
further, That not more than $35,000,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales: Provided further, That not more than
$348,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of Defense during
fiscal year 2002 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2002 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act or by October
31, 2001, whichever is later.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$140,000,000: Provided, That none of the funds appropriated
under this heading shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $109,500,000, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $775,000,000, to remain
available until expended: Provided, That in negotiating
United States participation in the next replenishment of the
International Development Association, the Secretary of the
Treasury shall accord high priority to providing the
International Development Association with the policy
flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC
Initiative: Provided further, That the Secretary of the
Treasury shall instruct the United States executive director
to the International Bank for Reconstruction and Development
to vote against any water or sewage project in India that
does not prohibit the use of scavenger labor.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $9,500,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share
of such capital stock in an amount not to exceed $50,000,000.
Contribution to the Inter-American Investment Corporation
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $20,000,000, for the United
States share of the increase in subscriptions to capital
stock, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended, $103,017,050, to remain available until
expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the
Secretary of the Treasury, $5,100,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,991,500.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $100,000,000, to remain available until
expended.
[[Page S10885]]
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,778,717,
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$123,237,803.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $20,000,000, to remain
available until expended.
International Organizations and Programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $217,000,000: Provided, That not
less than a total of $18,000,000 should be made available for
the International Panel on Climate Change, the United Nations
Framework Convention on Climate Change, the World
Conservation Union, the International Tropical Timber
Organization, the Convention on International Trade in
Endangered Species, the Ramsar Convention on Wetlands, the
Convention to Combat Desertification, the United Nations
Forum on Forests, and the Montreal Process on Criteria and
Indicators for Sustainable Forest Management: Provided
further, That not less than $6,000,000 should be made
available to the World Food Program: Provided further, That
of the funds appropriated under this heading, not less than
$39,000,000 shall be made available for the United Nations
Fund for Population Activities (UNFPA): Provided further,
That none of the funds appropriated under this heading that
are made available to UNFPA shall be made available for
activities in the People's Republic of China: Provided
further, That with respect to any funds appropriated under
this heading that are made available to UNFPA, UNFPA shall be
required to maintain such funds in a separate account and not
commingle them with any other funds: Provided further, That
none of the funds appropriated under this heading may be made
available to the Korean Peninsula Energy Development
Organization (KEDO) or the International Atomic Energy Agency
(IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.
private and voluntary organizations
Sec. 502. (a) None of the funds appropriated or otherwise
made available by this Act for development assistance may be
made available to any United States private and voluntary
organization, except any cooperative development
organization, which obtains less than 20 percent of its total
annual funding for international activities from sources
other than the United States Government: Provided, That the
Administrator of the United States Agency for International
Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the
restriction contained in this subsection, after taking into
account the effectiveness of the overseas development
activities of the organization, its level of volunteer
support, its financial viability and stability, and the
degree of its dependence for its financial support on the
agency.
(b) Funds appropriated or otherwise made available under
title II of this Act should be made available to private and
voluntary organizations at a level which is at least
equivalent to the level provided in fiscal year 1995.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars: Provided further, That of the funds made available
by this Act for general costs of administering military
assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available
for entertainment expenses and not to exceed $100,000 shall
be available for representation allowances: Provided further,
That of the funds made available by this Act under the
heading ``International Military Education and Training'',
not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided,
That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected head of government is deposed by decree or military
coup: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. Obligated balances of funds appropriated to carry
out section 23 of the Arms Export Control Act as of the end
of the fiscal year immediately preceding the current fiscal
year are, if deobligated, hereby continued available during
the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act:
Provided, That the authority of this subsection may not be
used in fiscal year 2002.
availability of funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
667, chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, section 23 of the Arms Export Control Act,
and funds provided under the heading ``Assistance for Eastern
Europe and the Baltic States'', shall remain available for an
additional four years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance to such country is in the national interest of the
United States.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
[[Page S10886]]
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. (a) For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Economic Support Fund'', ``Peacekeeping
Operations'', ``Operating Expenses of the United States
Agency for International Development'', ``Operating Expenses
of the United States Agency for International Development
Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Foreign
Military Financing Program'', ``International Military
Education and Training'', ``Peace Corps'', and ``Migration
and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or
in excess of the amount justified to the Appropriations
Committees for obligation under any of these specific
headings unless the Appropriations Committees of both Houses
of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section
23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or
other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified
to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided
further, That this section shall not apply to any
reprogramming for an activity, program, or project under
chapter 1 of part I of the Foreign Assistance Act of 1961 of
less than 10 percent of the amount previously justified to
the Congress for obligation for such activity, program, or
project for the current fiscal year: Provided further, That
the requirements of this section or any similar provision of
this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human
health or welfare: Provided further, That in case of any such
waiver, notification to the Congress, or the appropriate
congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the
Foreign Assistance Act of 1961 shall be subject to the
regular notification procedures of the Committees on
Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
this Act or any previously enacted Act making appropriations
for foreign operations, export financing, and related
programs, which are returned or not made available for
organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2003.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet
Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial
contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this
subsection if the President determines that to do so is in
the national interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts
that are or have been made available for an Enterprise Fund
in the Independent States of the Former Soviet Union may be
deposited by such Fund in interest-bearing accounts prior to
the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any
interest earned on such deposits without returning such
interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for
projects or activities that have as one of their primary
purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New
Independent States and the implementing agency shall
encourage the participation of and give significant weight to
contractors and grantees who propose investing a significant
amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
Sec. 518. (a) Limitation on Use of Funds by OPIC.--None of
the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the
requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by
the Export-Import Bank of the United States to guarantee,
insure, extend credit, or participate in an extension of
credit in connection with the export of any goods to a
country for use in an enterprise involving the mining,
polishing or other processing, or sale of diamonds in a
country that fails to meet the requirements of subsection
(c).
(c) Requirements.--The requirements referred to in
subsection (a) and (b) are that the country concerned is
implementing a system of controls on the export and import of
rough diamonds that--
(1) is consistent with United Nations General Assembly
Resolution 55/56 adopted on December 1, 2000.
(2) the President determines to be functionally equivalent
to the system of controls specified in subparagraph (1); or
(3) meets the requirements of an international agreement
which requires controls specified in subparagraph (1) and to
which the United States is a party.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2002, for programs under title I of this Act may
be
transferred between such appropriations for use for any of
the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such appro-
priation, except as otherwise specifically provided, shall be
increased by more
[[Page S10887]]
than 25 percent by any such transfer: Provided, That the
exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Burma, Colombia, Haiti, Liberia,
Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the
Democratic Republic of the Congo except as provided through
the regular notification procedures of the Committees on
Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the United States Agency for
International Development ``program, project, and activity''
shall also be considered to include central program level
funding, either as: (1) justified to the Congress; or (2)
allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
child survival and health activities
Sec. 522. Up to $14,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival
and Health Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United
States Agency for International Development for the purpose
of carrying out activities under that heading: Provided, That
up to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may
be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further,
That funds appropriated by this Act that are made available
for child survival activities or disease programs including
activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law: Provided further,
That funds appropriated under title II of this Act may be
made available pursuant to section 301 of the Foreign
Assistance Act of 1961 if a primary purpose of the assistance
is for child survival and related programs.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or Sudan, unless the
President of the United States certifies that the withholding
of these funds is contrary to the national interest of the
United States.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That
before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees if such defense articles are significant military
equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for
specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also
be informed of the original acquisition cost of such defense
articles.
AUTHORIZATION REQUIREMENT
Sec. 525. Funds appropriated by this Act, except funds
appropriated under the headings ``Peace Corps'' and ``Trade
and Development Agency'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section
15 of the State Department Basic Authorities Act of 1956.
democracy programs
Sec. 526. Funds appropriated by this Act that are provided
to the National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation:
Provided, That notwithstanding any other provision of law, of
the funds appropriated by this Act to carry out provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
not less than $10,000,000 shall be made available for
assistance for the People's Republic of China for activities
to support democracy and the rule of law in that country, of
which not to exceed $2,500,000 may be made available to
nongovernmental organizations located outside the People's
Republic of China to support activities which preserve
cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in Tibet:
Provided further, That notwithstanding any other provision of
law or regulation, funds appropriated by this or any other
Act making appropriations pursuant to part I of the Foreign
Assistance Act of 1961 that are available for the United
States-Asia Environmental Partnership, may be made available
for activities in the People's Republic of China: Provided
further, That funds made available pursuant to the authority
of this section for programs, projects, and activities in the
People's Republic of China shall be subject to the regular
notification procedures of the Committees on Appropriations.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts funds made available under this Act or prior Acts or
local currencies which accrue to that organization as a
result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 529. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The United States Agency
for International Development shall take all necessary steps
to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of
that country and the United States Government.
(5) Reporting Requirement.--The Administrator of the United
States Agency for International Development shall report on
an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to
be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law
[[Page S10888]]
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 530. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 531. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of
part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to
provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against
Iraq unless the President determines and so certifies to the
Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and
Kuwait.
authorities for the peace corps, international fund for agriculture
development, inter-american foundation and african development
foundation
Sec. 532. (a) Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations
on the availability of funds for ``International
Organizations and Programs'' in this or any other Act,
including prior appropriations Acts, shall not be construed
to be applicable to the International Fund for Agriculture
Development.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
(b) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
special authorities
Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of
War, Displaced Children, and Displaced Burmese.--Funds
appropriated in titles I and II of this Act that are made
available for Afghanistan, Lebanon, Montenegro, and for
victims of war, displaced children, and displaced Burmese,
may be made available notwithstanding any other provision of
law: Provided, That any such funds that are made available
for Cambodia shall be subject to the provisions of section
531(e) of the Foreign Assistance Act of 1961 and section 906
of the International Security and Development Cooperation Act
of 1985.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose
of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse
gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States
Agency for International Development to employ up to 25
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities and managed by the agency
until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out the Foreign Assistance Act of
1961 may be made available for personal services contractors
assigned only to the Office of Health and Nutrition; the
Office of Procurement; the Bureau for Africa; the Bureau for
Latin America and the Caribbean; the Bureau for Asia and the
Near East; and for the Global Development Alliance
initiative: Provided further, That such funds appropriated to
carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for
personal services contractors assigned to the Office of Food
for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Special Authority.--During fiscal year 2002, the
President may use up to $35,000,000 under the authority of
section 451 of the Foreign Assistance Act, notwithstanding
the funding ceiling in section 451(a).
policy on terminating the arab league boycott of israel and normalizing
relations with israel
Sec. 535. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel and should normalize their
relations with Israel;
(2) the decision by the Arab League in 1997 to reinstate
the boycott against Israel was deeply troubling and
disappointing;
(3) the fact that only three Arab countries maintain full
diplomatic relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal
relations with their neighbor Israel; and
(5) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel and to
normalize their relations with Israel;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said country;
(C) report to Congress annually on the specific steps being
taken by the United States and the progress achieved to bring
about a public renunciation of the Arab primary boycott of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel and to
expand the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
administration of justice activities
Sec. 536. Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in
judicial cases may be conducted notwithstanding section 660
of that Act. Funds made available pursuant to this section
may be made available notwithstanding section 534(c) and the
second and third sentences of section 534(e) of the Foreign
Assistance Act of 1961.
eligibility for assistance
Sec. 537. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect
[[Page S10889]]
to assistance for a country shall not be construed to
restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry
out the provisions of chapters 1, 10, 11, and 12 of part I
and chapter 4 of part II of the Foreign Assistance Act of
1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That the President shall take into consideration,
in any case in which a restriction on assistance would be
applicable but for this subsection, whether assistance in
support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to
be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That
nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2002, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
earmarks
Sec. 538. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development that are
earmarked for particular programs or activities by this or
any other Act shall be extended for an additional fiscal year
if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such earmarked
funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be
obligated only for the purpose of such earmark.
ceilings and earmarks
Sec. 539. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 540. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
purchase of american-made equipment and products
Sec. 541. To the maximum extent practicable, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
prohibition of payments to united nations members
Sec. 542. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation
at international conferences held under the auspices of
multilateral or international organizations.
nongovernmental organizations--documentation
Sec. 543. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism
Sec. 544. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 545. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia and New York City, New York by such
country as of the date of the enactment of this Act shall be
withheld from obligation for such country until the Secretary
of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are
fully paid to the governments of the District of Columbia and
New York City, New York.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 546. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
war crimes tribunals drawdown
Sec. 547. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$35,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this
section shall be in lieu of any determinations otherwise
required under section 552(c): Provided further, That funds
made available for tribunals other than Yugoslavia or Rwanda
shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
landmines
Sec. 548. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe: Provided, That
section 1365(c) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note)
is amended by striking ``During the 11-year period beginning
on October 23, 1992'' and inserting ``During the 16-year
period beginning on October 23, 1992''.
restrictions concerning the palestinian authority
Sec. 549. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
[[Page S10890]]
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 550. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs
Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
special debt relief for the poorest
Sec. 551. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f
) of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 552. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
haiti coast guard
Sec. 553. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard:
Provided, That the authority provided by this section shall
be subject to the regular notification procedures of the
Committees on Appropriations.
limitation on assistance to the palestinian authority
Sec. 554. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
limitation on assistance to security forces
Sec. 555. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is
taking effective measures to bring the responsible members of
the security forces unit to justice: Provided, That nothing
in this section shall be construed to withhold funds made
available by this Act from any unit of the security forces of
a foreign country not credibly alleged to be involved in
gross violations of human rights: Provided further, That in
the event that funds are withheld from any unit pursuant to
this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and
shall, to the maximum extent practicable, assist the foreign
government in taking effective measures to bring the
responsible members of the security forces to justice.
greenhouse gas emissions report
Sec. 556. Not later than the date on which the President's
fiscal year 2003 budget request is submitted to Congress, the
President shall submit a report to the Committees on
Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2002, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as
presented in the President's Budget Appendix;
(2) all fiscal year 2001 expenditures and fiscal year 2002
projected expenditures by the United States Agency for
International Development to assist developing countries and
countries in transition in adopting and implementing policies
to measure, monitor, report, verify, and reduce greenhouse
gas emissions, and to meet their responsibilities under the
Framework Convention on Climate Change;
(3) all funds requested for fiscal year 2003 by the United
States Agency for International Development to promote the
measurement, monitoring, reporting, verification, and
reduction of greenhouse gas emissions reductions, to promote
the transfer and deployment of United States clean energy
technologies and carbon capture and sequestration measures,
and to develop assessments of the vulnerability to impacts of
climate change and response strategies; and
(4) all fiscal year 2002 obligations and expenditures by
the United States Agency for International Development for
climate change programs and activities by country or central
program and activity.
[[Page S10891]]
ZIMBABWE
Sec. 557. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule
of law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
CENTRAL AMERICA RELIEF AND RECONSTRUCTION
Sec. 558. Funds made available to the Comptroller General
pursuant to title I, chapter 4 of Public Law 106-31, to
monitor the provision of assistance to address the effects of
hurricanes in Central America and the Caribbean and the
earthquake in Colombia, shall also be available to the
Comptroller General to monitor earthquake relief and
reconstruction efforts in El Salvador.
enterprise fund restrictions
Sec. 559. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
cambodia
Sec. 560. (a) The Secretary of the Treasury shall instruct
the United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose loans to the Central Government of
Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia unless the Secretary of State determines and reports
to the Committees on Appropriations that the Central
Government of Cambodia--
(A) is making significant progress in resolving outstanding
human rights cases, including the 1994 grenade attack against
the Buddhist Liberal Democratic Party, and the 1997 grenade
attack against the Khmer Nation Party;
(B) has held local elections that are deemed free and fair
by international and local election monitors; and
(C) is making significant progress in the protection,
management, and conservation of the environment and natural
resources, including in the promulgation and enforcement of
laws and policies to protect forest resources.
(2) A determination by the Secretary of State under
paragraph (1) shall cease to be effective if it becomes known
to the Secretary that the Central Government of Cambodia is
no longer making significant progress under subparagraph (A)
or (C).
(3) In the event the Secretary of State makes the
determination under paragraph (1), assistance may be made
available to the Central Government of Cambodia only through
the regular notification procedures of the Committees on
Appropriations.
FOREIGN MILITARY TRAINING REPORT
Sec. 561. (a) The Secretary of Defense and the Secretary of
State shall jointly provide to the Congress by March 1, 2002,
a report on all military training provided to foreign
military personnel (excluding sales, and excluding training
provided to the military personnel of countries belonging to
the North Atlantic Treaty Organization) under programs
administered by the Department of Defense and the Department
of State during fiscal years 2001 and 2002, including those
proposed for fiscal year 2002. This report shall include, for
each such military training activity, the foreign policy
justification and purpose for the training activity, the cost
of the training activity, the number of foreign students
trained and their units of operation, and the location of the
training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits
to United States forces derived from each such training
activity and the United States military units involved in
each such training activity. This report may include a
classified annex if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of
Representatives.
korean peninsula energy development organization
Sec. 562. (a) Of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', not to exceed $95,000,000 may be made available
for the Korean Peninsula Energy Development Organization
(hereafter referred to in this section as ``KEDO''),
notwithstanding any other provision of law, only for the
administrative expenses and heavy fuel oil costs associated
with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 30
days prior to such obligation of funds, the President
certifies and so reports to Congress that--
(1) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to implement the Joint
Declaration on Denuclearization of the Korean Peninsula;
(2) North Korea is complying with all provisions of the
Agreed Framework; and
(3) the United States is continuing to make significant
progress on eliminating the North Korean ballistic missile
threat, including further missile tests and its ballistic
missile exports.
(c) The President may waive the certification requirements
of subsection (b) if the President determines that it is
vital to the national security interests of the United States
and provides written policy justifications to the appropriate
congressional committees. No funds may be obligated for KEDO
until 15 days after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a
full and detailed accounting of the fiscal year 2003 request
for the United States contribution to KEDO, the expected
operating budget of KEDO, proposed annual costs associated
with heavy fuel oil purchases, including unpaid debt, and the
amount of funds pledged by other donor nations and
organizations to support KEDO activities on a per country
basis, and other related activities.
(e) The final proviso under the heading ``International
Organizations and Programs'' in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1996 (Public Law 104-107) is repealed.
COLOMBIA
Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds
appropriated by this Act or prior Acts making appropriations
for foreign operations, export financing, and related
programs, may be made available for assistance for the
Colombian Armed Forces only if the Secretary of State has
made the determination and certification contained in
subsection (b).
(b) Determination and Certification.--The determination and
certification referred to in subsection (a) is a
determination by the Secretary of State and a certification
to the appropriate congressional committees that--
(1) the Commander General of the Colombian Armed Forces is
suspending from the Armed Forces those members, of whatever
rank, who have been credibly alleged to have committed gross
violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary groups,
and is providing to civilian prosecutors and judicial
authorities requested information concerning the nature and
cause of the suspension;
(2) the Colombian Armed Forces are cooperating with
civilian prosecutors and judicial authorities (including
providing unimpeded access to witnesses and relevant military
documents and other information), in prosecuting and
punishing in civilian courts those members of the Colombian
Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or
abetted paramilitary groups; and
(3) the Colombian Armed Forces are taking effective
measures to sever links (including by denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation), at the command, battalion, and brigade levels,
with paramilitary groups, and to execute outstanding arrest
warrants for members of such groups.
(c) Consultative Process.--Ten days prior to making the
determination and certification required by this section, and
every 120 days thereafter, the Secretary of State shall
consult with internationally recognized human rights
organizations regarding progress in meeting the conditions
contained in subsection (b).
(d) Report.--One hundred and twenty days after the
enactment of this Act, and every 120 days thereafter, the
Secretary of State shall submit a report to the Committees on
Appropriations describing actions taken by the Colombian
Armed Forces to meet the requirements set forth in
subparagraphs (b)(1) through (3); and
(e) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary groups, including
taking actions which allow, facilitate, or otherwise foster
the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
ILLEGAL ARMED GROUPS
Sec. 564. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the
Secretary of State shall not issue a visa to any alien who
the Secretary determines, based on credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
including taking actions or failing to take actions which
allow, facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the
appropriate congressional committees, on a case-by-case
basis, that the issuance of a visa to the alien is necessary
to support the peace process in Colombia or for urgent
humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 565. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
IRAQ
Sec. 566. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may
be made available for programs benefitting the Iraqi people
and to support efforts to bring about a democratic transition
in Iraq: Provided, That funds may be made available through
the Iraqi National Congress Support Foundation or the Iraqi
National Congress only if the Inspector General of the
Department of State determines and certifies to the
Committees on Appropriations that
[[Page S10892]]
such organizations are implementing adequate and transparent
financial controls to ensure that funds are used exclusively
for the purposes of this section, and that not more than 14
percent of the funds is used for administrative expenses,
including expenditures for salaries, office rent and
equipment.
west bank and gaza program
Sec. 567. For fiscal year 2002, 30 days prior to the
initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the
appropriate committees of Congress that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
INDONESIA
Sec. 568. (a) Funds appropriated by this Act under the
headings ``International Military Education and Training''
and ``Foreign Military Financing Program'' may be made
available for assistance for Indonesian Ministry of Defense
or military personnel only if the President determines and
submits a report to the appropriate congressional committees
that the Government of Indonesia and the Indonesian Armed
Forces are--
(1) taking effective measures to bring to justice members
of the armed forces and militia groups against whom there is
credible evidence of human rights violations in East Timor
and Indonesia;
(2) taking effective measures to bring to justice members
of the armed forces against whom there is credible evidence
of aiding or abetting militia groups in East Timor and
Indonesia;
(3) allowing displaced persons and refugees to return home
to East Timor, including providing safe passage for refugees
returning from West Timor;
(4) not impeding the activities of the United Nations
Transitional Authority in East Timor;
(5) demonstrating a commitment to preventing incursions
into East Timor by members of militia groups in West Timor;
(6) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members
of the armed forces and militia groups responsible for human
rights violations in East Timor and Indonesia;
(7) demonstrating a commitment to civilian control of the
armed forces by having in place a functioning system for
reporting to civilian authorities audits of receipts and
expenditures that fund activities of the armed forces;
(8) allowing United Nations and other international
humanitarian and human rights workers and observers unimpeded
access to West Timor, Aceh, West Papua, and Maluka; and
(9) releasing political detainees.
restrictions on assistance to governments destabilizing sierra leone
Sec. 569. (a) None of the funds appropriated by this Act
may be made available for assistance for the government of
any country for which the Secretary of State determines there
is credible evidence that such government has provided lethal
or non-lethal military support or equipment, directly or
through intermediaries, within the previous 6 months to the
Sierra Leone Revolutionary United Front (RUF), Liberian Armed
Forces, or any other group intent on destabilizing the
democratically elected government of the Republic of Sierra
Leone.
(b) None of the funds appropriated by this Act may be made
available for assistance for the government of any country
for which the Secretary of State determines there is credible
evidence that such government has aided or abetted, within
the previous 6 months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) None of the funds appropriated by this Act may be made
available for assistance for the government of any country
for which the Secretary of State determines there is credible
evidence that such government has knowingly facilitated the
safe passage of weapons or other equipment to the RUF,
Liberian security forces, or any other group intent on
destabilizing the democratically elected government of the
Republic of Sierra Leone.
(d) Whenever the prohibition on assistance required under
subsection (a), (b) or (c) is exercised, the Secretary of
State shall notify the Committees on Appropriations in a
timely manner.
voluntary separation incentives
Sec. 570. Section 579(c)(2)(D) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2000, as enacted by section 1000(a)(2) of the Consolidated
Appropriations Act, 2000 (Public Law 106-113), as amended, is
amended by striking ``December 31, 2001'' and inserting in
lieu thereof ``December 31, 2002''.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA
Sec. 571. (a) To the fullest extent possible information
relevant to the December 2, 1980, murders of four American
churchwomen in El Salvador, and the May 5, 2001, murder of
Sister Barbara Ann Ford and the murders of six other American
citizens in Guatemala since December 1999, should be
investigated and made public.
(b) The Department of State is urged to pursue all
reasonable avenues in assuring the collection and public
release of information pertaining to the murders of the six
American citizens in Guatemala.
(c) The President shall order all Federal agencies and
departments, including the Federal Bureau of Investigation,
that possess relevant information, to expeditiously
declassify and release to the victims' families such
information.
(d) In making determinations concerning declassification
and release of relevant information, all Federal agencies and
departments shall presume in favor of releasing, rather than
of withholding, such information.
(e) All reasonable efforts should be taken by the American
Embassy in Guatemala to work with relevant agencies of the
Guatemalan Government to protect the safety of American
citizens in Guatemala, and to assist in the investigations of
violations of human rights.
Basic Education Assistance for Pakistan
Sec. 572. Funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 may be made available for assistance for basic
education programs for Pakistan, notwithstanding any
provision of law that restricts assistance to foreign
countries: Provided, That such assistance is subject to the
regular notification procedures of the Committees on
Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 573. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
WAR CRIMINALS
Sec. 574. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any
extension by such institutions of any financial or technical
assistance, to any country, entity, or municipality whose
competent authorities have failed, as determined by the
Secretary of State, to take necessary and significant steps
to implement its international legal obligations to apprehend
and transfer to the International Criminal Tribunal for the
former Yugoslavia (the ``Tribunal'') all persons in their
territory who have been publicly indicted by the Tribunal and
to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of
such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators, the provision of documents, and the surrender
and transfer of indictees or assistance in their
apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 15 days before any vote in an
international financial institution regarding the extension
of financial or technical assistance or grants to any country
or entity described in subsection (a), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committees on Appropriations a written
justification for the proposed assistance, including an
explanation of the United States position regarding any such
vote, as well as a description of the location of the
proposed assistance by municipality, its purpose, and its
intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for
International Development, and the United States executive
directors of the international financial institutions shall
consult with representatives of human rights organizations
and all government agencies with relevant information to help
prevent publicly indicted war criminals from benefiting from
any financial or technical assistance or grants provided to
any country or entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to a specific project within a
country, entity, or municipality upon a written determination
to the Committees on Appropriations that such assistance
directly supports the implementation of the Dayton Agreement
and its Annexes, which include the obligation to apprehend
and transfer indicted war criminals to the Tribunal and to
provide all possible assistance to refugees and displaced
persons and work to facilitate their voluntary return.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as
defined herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
Funding for Serbia
Sec. 575. (a) Of funds made available in this Act, up to
$115,000,000 may be made available for assistance for Serbia:
Provided, That none of these funds may be made available for
assistance for Serbia after March 31, 2002, unless the
President has made the determination and certification
contained in subsection (c).
[[Page S10893]]
(b) After March 31, 2002, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and
assistance to the Federal Republic of Yugoslavia through
international financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal
for Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security and
other support which has served to maintain separate Republika
Srpska institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) Subsections (b) and (c) shall not apply to Montenegro,
Kosovo, humanitarian assistance or assistance to promote
democracy in municipalities.
User Fees
Sec. 576. The Secretary of the Treasury shall instruct the
United States executive directors to the international
financial institutions (as defined in section 1701(c)(2) of
the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan of such
institutions that would require user fees or service charges
on poor people for primary education or primary healthcare,
including prevention and treatment efforts for HIV/AIDS,
malaria, tuberculosis, and infant, child, and maternal well-
being, in connection with the institutions' lending programs.
HEAVILY INDEBTED POOR COUNTRIES TRUST FUND AUTHORIZATION
Sec. 577. Section 801(b)(1) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2001 (Public Law 106-429) is amended by striking
``$435,000,000'' and inserting ``$600,000,000''.
FUNDING FOR PRIVATE ORGANIZATIONS
Sec. 578. Notwithstanding any other provision of law,
regulation, or policy, in determining eligibility for
assistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental
organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services including counseling
and referral services, provided by such organizations with
non-United States Government funds if such services do not
violate the laws of the country in which they are being
provided and would not violate United States Federal law if
provided in the United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance
under part I of such Act.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 579. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
cuba
Sec. 580. (a) Amounts for Cooperation with Cuba on Counter-
Narcotics Matters.--Subject to subsection (b), of the amounts
appropriated or otherwise made available by this Act,
$1,500,000 shall be available for purposes of preliminary
work by the Department of State, or such other entities as
the Secretary of State may designate, to establish
cooperation with appropriate agencies of the Cuba Government
on counter-narcotics matters, including matters relating to
cooperation, coordination, and mutual assistance in the
interdiction of illicit drugs being transported through Cuba
airspace or over Cuba waters.
(b) Limitation.--The amount in subsection (a) shall not be
available under that subsection until the President certifies
to Congress the following:
(1) That Cuba has in place appropriate procedures to protect
against loss of innocent life in the air and on the ground in
connection with the interdiction of illicit drugs.
(2) That there is no evidence of the involvement of the
Government of Cuba in drug trafficking.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
The PRESIDING OFFICER. Under the previous order, the committee
substitute is agreed to.
The Senator from Nevada.
Mr. REID. Mr. President, the two managers of the bill, Senators Leahy
and McConnell, are due back any minute. It is my understanding that
they are prepared to give their opening statements, and that they have
at least a dozen amendments that the two managers have already cleared.
We have accomplished a great deal on this bill already.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I am sorry some of our colleagues have had
to wait. Both Senator McConnell and I have been down at the White House
meeting with the President and other Members on foreign policy issues.
It is a day when I have been wearing two hats--going from the Judiciary
Committee, and some of the issues we are handling there, to the foreign
policy issues. But I am glad we are going to do the foreign operations
appropriations bill. We tried bringing it up a week ago, but it was
held hostage by partisan sniping over judicial nominations. I think
that is both unnecessary and unwarranted.
I consider it an honor that the desk that I sit in was once held by
Senator Vandenberg, who coined the phrase that ``politics ends at the
water's edge.'' The senior Senator from Kentucky and I have done this
for years in writing the foreign aid bill, alternating us chairman and
ranking member of the subcommittee. We work closely together, and I
have stated many times how much I respect and admire him for his
efforts to get a good, balanced foreign aid bill through.
There are things on which we can have partisan debates, but we should
not allow it on this bill, especially today when our Nation is at war.
Mr. LEAHY. This bill is of enormous importance to our country. In
fact, in the last 15 or 20 years when I have been either chairman or
ranking member of this subcommittee, I don't know if I can think of a
more critical time when we needed to quickly pass this bill.
Before we start, though, I think it is appropriate to pay tribute to
Ken Ludden, an official at the Treasury Department's Office of the
Assistant Secretary for International Affairs, and formerly a
congressional staff member, who died suddenly of a heart attack on
September 10. Senator McConnell's staff, Senator Stevens' staff and my
own staff, knew him well. At an appropriate time, Senator McConnell and
I will offer an amendment to name this Foreign Operations
Appropriations Act after him in recognition of his years of government
service, and in particular for the invaluable assistance he gave to our
subcommittee.
Mr. President, in the past, there were times when the foreign
operations appropriations bill has been the vehicle for divisive and
time-consuming amendments on controversial foreign policy issues. But
we are in an unusual time. Our country has suffered a grievous loss.
This is a time for unity and for getting our work done quickly. I have
amendments, Senator McConnell has amendments, and I am sure other
Senators have amendments that would be controversial.
Senator McConnell and I do not plan to offer our controversial
amendments. This is not the time. We should work together to get this
bill passed as quickly as possible.
Frankly, I was impressed this afternoon, listening to the President
speak of his discussions with foreign leaders during the APEC summit in
Shanghai. The President forthrightly told us what he said. I am sure he
did so there. It was not carefully drawn out diplomatic language, it
was the President's own words, and I commend him for it.
I think of the situation today. The President has a limited window of
opportunity to do a number of things to help counter this long-term
threat. Whether the President serves one or
[[Page S10894]]
two terms, that threat will continue after he is gone. I am afraid it
is going to continue long after every one of us is gone, whether one is
new in the Senate and just beginning a career, or those who are winding
down their careers in the Senate. No matter who one is, we are going to
face this threat of terrorism for years to come. For the sake of our
children, grandchildren, and generations to come, we have to make sure
to do the right thing and take the steps that diminish the threat of
terrorism over the long term.
I know the President feels that way. I suspect all 100 Members of the
Senate feel that way.
What does this mean? It means that special forces attacks in
Afghanistan, brave and effective as they were--and I think they were
the right steps to take--are not enough. It goes well beyond the
momentary alliances. It will not even end with the capture or the
destruction of Osama bin Laden. All of these things are critical. But,
there will be others who will rise in the same kind of milieu that
created Osama bin Laden, rise in countries that fear us or hate us or
cannot believe in the diversity we relish and practice, the democracy
we cherish, the same democracy, Mr. President, that you and I and every
Senator take a solemn oath to uphold.
There are people in the world who may fear our Constitution. I have
often said that the greatest part of our Constitution is probably the
same part they fear--the first amendment. It gives us the freedom of
speech. We do not all have to say the same thing. We can say what we
want in this country. It also allows us to practice whatever religion
we want or to choose to practice no religion at all.
There is this wall, this Jeffersonian wall, between us. Think what
that has allowed. It has allowed each one of us to hold whatever
beliefs we want, free of any interference by the Government. It allows
us to say what we want to say, free of interference from our
Government. Perhaps, most importantly, it guarantees we are going to
have diversity in this country. It means Nebraska will have its unique
nature as will Vermont. It means there will be people in Nebraska who
think differently than people in Vermont on some issues and think the
same on others. It is this wonderful diversity that helps to guarantee
a vibrant democracy in this country.
It is that same diversity and that same attitude that holds
totalitarianism to be an anathema to our way of life.
It is this tolerance and diversity which frightens some other parts
of the world. Unfortunately, we can build the most powerful army on
Earth, and we have, the most powerful air force on Earth, and we have,
the most powerful navy on Earth, and we have, and as a proud father of
a young marine, the most amazing and powerful marine corps in
the world. But none of that by itself can protect us. To truly have
security, we must also do the things that help do away with ignorance
and fear, abhorrence of the United States in parts of the world. And,
we must sustain this effort for decades to come.
One good example of this are the programs to help combat the spread
of disease in the developing world. Many parts of the world, simply do
not possess the health care infrastructure to treat a number of life-
threatening conditions that are curable with the proper treatment and
care. And as a result far too many do not live beyond the age of 3 or
4.
Think what the United States can do to help eradicate disease, not
only help eradicate disease but also to make sure diseases stay away,
by putting in place the infrastructure so people are there to give the
shots--polio vaccines, diphtheria shots--and remove river blindness
once and for all. We can do that, and we will have a better and
healthier populace in doing it, and we can point to this record and
say: This is what the United States stands for. We do not speak your
language, we do not follow your culture or customs, but we want your
children to be healthier. Don't my colleagues think that in the long
run this makes everyone better off and minimizes the kind of terrorist
attacks we face?
I would also ask my colleagues to think about the fact that every
disease in the world is only an airplane trip away from our shores--or
maybe even a postal stamp--away from our shores. Think about the things
in this bill that will have countries to identify diseases, such as the
ebola plague or some new strain of disease to which we are not
resistant, to help isolate them, and to help cure them.
We have a good bill. It was not an easy task. Senator McConnell has
been an invaluable partner in putting this together.
We are trying to do many things. We want to help educate people. We
want to improve health care around the world. We want people to see and
understand the best of the United States.
At the same time, we are trying to combat these global problems by
spending less than 1 percent of our budget.
It is embarrassingly little for a superpower that is in a position to
lead the world in solving these critical issues that threaten our
interests and the health and safety of every American citizen.
As a result, we often find ourselves unable to respond effectively to
serious threats. That has proven to be true with international
terrorism, but also when you consider what is needed to spot the spread
of HIV/AIDS and other infectious diseases.
It is the case when you consider how little we are spending to
protect the environment. We are more than $200 million in arrears in
our payments to the Global Environment Facility.
The amount in this bill for family planning, although $25 million
above the Administrations request, is $89 million less than we provided
in 1995. Yet hundreds of millions of impoverished people who want safe,
voluntary family planning services are not able to get them. For those
who have concerns about the numbers of abortions worldwide, think of
the number of abortions that could be prevented if we had had adequate
family planning, voluntary family planning services, in place.
We ought to do a lot more to support the development of free markets
and to strengthen democratic institutions, from central Asia to
Macedonia to Latin America.
There are major humanitarian disasters today in many regions of the
world. We are hearing a lot about the looming catastrophe in
Afghanistan, but similar tragedies exist in the Congo and Sudan, and
drought and earthquakes have devastated parts of Central America.
We are by far the richest country in the world--the richest country
history has ever known--but on a per capita basis we often spend less
than other industrialized countries to help people whose lives are
hanging by a thread. This bill attempts to respond, within our limited
allocation, to these and other problems.
I very much appreciate the support we have received from Chairman
Byrd and Senator Stevens. They have the unenviable task of dividing up
a shrinking pie for 13 appropriations subcommittees.
The bill contains $15.5 billion in discretionary budget authority.
Although our 302(b) allocation was higher than the House's allocations,
the House cut deeply into many of the President's requests for
essential programs--programs which are also Strongly Supported by
Senators. The Senate bill has restored many of those cuts.
We restore sufficient funding for the Export-Import Bank to support
subsidy financing well above the fiscal year 2000 level. We restore
full funding for the foreign military financing program and provide a
$10 million increase above the President's request for international
military training.
We restore most of the House cuts in the Economic Support Fund, as
well as assistance for the former Soviet Republics.
We provide additional funding for international peacekeeping and for
assistance for the former Yugoslavia, including Serbia, Montenegro, and
Macedonia.
We include $450 million to combat HIV/AIDS, including $50 million for
the Global Fund to combat AIDS, TB, and malaria. This falls well short
of what we should be spending, it is an increase above last year's
level.
We also increase funding against other infectious diseases and for
children's health programs, and I would note that both Republican and
Democratic Senators have requested this.
These programs are desperately needed to strengthen the capacity of
developing countries to conduct surveillance
[[Page S10895]]
and respond to diseases such as polio and measles. They are also
equally important for combating the spread of biological agents such as
anthrax used in acts of terrorism. There are tens of millions of
dollars for those programs in this bill.
We provide $718 million for the Andean countries, primarily Colombia,
Bolivia, Ecuador, and Peru, of which over half a billion dollars is for
counterdrug programs. That is in addition to the $1.3 billion for Plan
Colombia we appropriated last year. It is interesting, that about--who
made requests to our subcommittee--even mentioned the Andean program,
items which has not accomplished a great deal.
The bill contains the usual earmarks for Middle East countries. It
also continues various limitations or conditions on assistance to
several countries.
Senator McConnell and I have a number of amendments, including one to
name this bill after Ken Ludden, and another to prohibit U.S.
assistance to governments that harbor or provide financing for
individuals involved in the September 11 terrorist attacks.
We have a bill that that was reported in record time by the
appropriations committee. And while I will now reveal a political
secret that has probably gone unnoticed in this body, Senator McConnell
and I are not politically ideological soulmates. We have kept this well
hidden, but it is a fact. Only because it is late in the evening and
the Chamber is nearly empty do I dare whisper that. I would not want
anybody to know that outside of this Chamber.
This political odd couple has worked together to bring before this
Senate a bill, within the amount of money we had, that I think is well
balanced. It is not precisely the bill Senator McConnell would have
written by himself, nor that I would have written, but I am proud to
join with Senator McConnell in support of this bill. I appreciate his
friendship in working with him.
I yield the floor.
The PRESIDING OFFICER (Mrs. Carnahan). The Senator from Kentucky.
Mr. McCONNELL. Madam President, I am indeed shocked to hear that
Senator Leahy does not make a practice of watching how I vote every
time so he may be so guided.
In fact, we have had a good relationship over the years and seen many
of these issues in like manner, and I commend him for his leadership as
chairman of the subcommittee. This is a bill that I can
enthusiastically support, and we anticipate it to pass by a large vote
sometime tomorrow.
I thank my good friend from Vermont for his leadership, as I said, in
crafting this $15.5 billion bill. This is, I think, probably our ninth
bill together. When we started out, he was chairman and I was ranking
member. Then I was chairman for a while and he was ranking member. Now
the roles are reversed again. We have throughout, no matter who was in
the majority, been able to move in the right direction.
Obviously the world has changed since we marked up this bill on July
26. The horror and grief of the September 11 attacks in New York,
Virginia, and Pennsylvania are still very fresh in our hearts and
minds. The recent anthrax mailings to Congress and the media are
further indications of the diabolical nature of America's enemies. Our
thoughts and prayers are with the many victims of these evil deeds.
The President and the administration have done a superb job in
responding to this national crisis, both at home and abroad. In the
darkest hours of the 21st century the American people have rallied in
support of the new war against terrorism. This speaks to the strength
of our Nation and the highest principles upon which it was founded.
Within 3 days of the September 11 attacks, the Senate passed a $40
billion emergency supplemental bill to aid in recovery and
reconstruction efforts. I am pleased that a portion of those funds will
be used to bolster counterterrorism and other security programs
conducted by the State Department.
In addition to the funds contained in the supplemental, the bill now
before the Senate fully funds the President's $38 million request for
the State Department's antiterrorism assistance program. These funds
will be used to provide training, equipment, and advice to foreign
countries to enhance their antiterrorism skills and to increase the
capabilities of foreign law enforcement and security officials. Those
programs are critical to America's national security and those of our
allies.
My colleagues should be aware that Senator Leahy and I intend to
offer an amendment to prohibit assistance to any country that harbors
or finances those individuals or organizations responsible for the mass
murder of American citizens on September 11. President Bush and
Secretary Powell are right to hold those nations who aid and abet
terrorism responsible for their actions. They have my full cooperation
and support in this endeavor.
Let me offer concrete evidence of that support. Senator Feinstein and
I intended to offer an amendment to this bill requiring the President
to report on the Palestinian Liberation Organization's compliance with
its commitments to renounce terrorism and violence. We were asked by
Secretary Powell, in light of his efforts to forge an international
coalition against terrorism, to simply not offer that amendment. We
agreed to withhold the amendment out of respect for this Nation's
desire and demand for justice for the September 11 murders. The
administration's request for our foreign policy priorities and needs
are, for the most part, met through this bill.
In some accounts, including IMET and the Child Survival and Disease
Programs Fund, the President's request was exceeded. The bill increases
the Export Import Bank's subsidy appropriations from the requested
amount of $633 million to $753 million, and we provide $450 million for
HIV/AIDS programs and activities.
My colleagues will note that while we have provided substantial
funding for counterdrug efforts in the Andean Region, the bill does not
meet the Administration's $731 million request for the Andean
Counterdrug Initiative. Not everyone may agree with the $567 million
the bill provides for this program. However, funds are still in the
pipeline for social, economic, and judicial programs in Colombia.
Spillover of the narcotics trade to neighboring countries remains a
concern. Successful counterdrug and alternative development programs in
countries such as Bolivia must be continued.
Funding is also provided to continue vital democracy building
activities in Asia, including Burma, Indonesia, and East Timor. The
bill earmarks $10 million for rule of law programs in China, which are
being successfully conducted by a variety of American academic and
nongovernmental institutions. I would suggest to my colleagues that
advancing democracy and the rule of law abroad is essential in the
fight against terrorism.
I want to share with my colleagues an observation on U.S. foreign
policy in the wake of the terrible attacks earlier this month. The very
nature of our foreign assistance programs and priorities will change as
America and its allies wage war against the foes of freedom and
democracy. As one who believes that foreign aid is not an entitlement,
assistance can--and should--be used as leverage to reward cooperation
on common objectives, such as identifying and destroying terrorist
networks. Conversely, nations that refuse to join the fight against
terrorism should face restrictions on U.S. assistance they receive. As
President Bush said, ``Every nation in every region now has a decision
to make: Either you are with us or you are with the terrorists.''
Finally, I want to express my condolences to the family of Ken
Ludden, Legislative Coordinator to the Office of the Assistant
Secretary for International Affairs who passed away of a heart attack
on September 10. Ken will be sorely missed by this subcommittee. Given
his long and dedicated service to our country in many capacities, I
have joined Senator Leahy in sponsoring an amendment to designate the
bill the ``Kenneth M. Ludden Foreign Operations, Export, Financing, and
Related Programs Appropriations Act.''
Again, I thank Senator Leahy, and his capable staff--Tim Rieser and
Mark Lippert--for their leadership on this bill.
Senator Leahy and I are open for business and fully intend to finish
this bill at the earliest possible time tomorrow.
[[Page S10896]]
I see the chairman is on his feet, and I yield the floor.
Mr. LEAHY. Madam President, we have a number of things we can
probably do in a couple of minutes to go through here.
I would like to note that there is some promising news from Ireland.
The International Independent Commission on Decommissioning, led by GEN
John de Chastelain, of Canada, has announced that the IRA has begun to
decommission its weapons. The Irish Taoiseach, Bertie Ahern, has
appropriately called this an ``unparalleled breakthrough.'' David
Trimble, with whom I talked here in Washington a few days ago, has said
he will recommend to the Ulster Unionist Council that the party reenter
the Northern Ireland Executive.
I commend Gerry Adams and Martin McGuinness from Sinn Fein for their
efforts to take this important step. I have been one who has been
critical of the IRA taking so long to begin to decommission its
weapons.
There are justifiable and long-held grievances on both the Protestant
and Catholic sides in Northern Ireland, and there are generations who
will never completely forgive or forget. But for the sake of the
children in Ireland, both in the Republic of Ireland and Northern
Ireland, they must move forward, and this is a critical step. Peace
will not be won by assassinations or guns and bullets, whether done by
Protestants or by Catholics. Peace will only come about if children are
allowed to grow up in peace so we will not have scenes such as we saw
just in the opening of school this year of little children, 7- and 8-
year-old girls and boys, running terrified past a mob, screaming at
them because all they wanted to do was go to school. That cannot
continue.
I ask unanimous consent that a number of news items be printed in the
Record.
There being no objection, the material ordered to be printed in the
Record, as follows:
[From the Irish Times, Oct. 23, 2001]
De Chastelain Says IRA Has Begun Decommissioning Arms
(By Patrick Logue)
The International Independent Commission on
Decommissioning, led by General John de Chastelain, has said
it has witnessed the IRA begin to decommission its arsenal of
weapons, including guns, ammunition and explosives.
``We are satisfied the arms in question have been dealt
with in accordance with the scheme and regulations. We are
also satisfied it would not further the process of putting
all arms beyond use were we to provide further details of
this event.''
``We will continue our contact with the IRA representative
in the pursuit of our mandate.'' This afternoon the IRA said
in a statement that it had begun the process.
In a statement the IRA said its motivation behind the move
on weapons was ``to save the peace process''.
* * * says: ``The political process is now on the point of
collapse. Such a collapse would certainly, and eventually,
put the overall peace process in jeopardy.
``There is a responsibility upon everyone seriously
committed to a just peace to do our best to avoid this.
``Therefore, in order to save the peace process, we have
implemented the scheme agreed with the IICD in August.
``Our motivation is clear. This unprecedented move is to
save the peace process and to persuade others of our genuine
intentions''.
In August the IICD said in a statement it had agreed a
method for putting arms ``completely and verifiably beyond
use''. Details of the method were not made public however.
The move comes in response to a call yesterday by the Sinn
Fein president Mr. Gerry Adams for a ``ground-breaking''
gesture to save the peace process.
Speaking in West Belfast last night Mr. Adams said: ``We
have put to the IRA the view that if it could make a ground-
breaking move on the arms issue that this could save the
peace process from collapse and transform the situation''.
Sinn Fein this evening welcomed the IRA statement saying it
was a courageous initiative to save the peace process''.
ira's estimated arsenal
650 AK47/AKM assault rifles;
36 Armalite AR-15 assault rifles;
2 Barret M82A1 sniper rifles;
60 Webley .455 revolvers;
20 12.7 107mm DshK heavy machine guns;
12 7.62mm FN MAG machine guns;
6 LPO-50 flamethrowers;
1 SAM-7 surface-to-air missile;
600 bomb detonators;
3 tons of Semtex plastic explosives
____
[From the Irish Times, Oct. 23, 2001]
Trimble Hints UUP Will Reenter Executive
(By Kilian Doyle)
The leader of the Ulster Unionists Mr. David Trimble said
tonight he would recommend to his party that they reenter the
Northern Ireland executive following IRA weapons
decommissioning.
Mr. Trimble was speaking after a meeting with the head of
international decommissioning body, General John de
Chastelain, where he said he was told the IRA had begun to
put its arms beyond use.
``This is the day we were told would never happen'', he
said. Mr. Trimble said he would attend of meeting of the
Ulster Unionists Council later this week, and he would be
recommending that they re-enter the Northern Ireland
Executive.
UUP ministers could be back in their offices in Stormont as
early as next week, Mr. Trimble said.
____
[From the Irish Times, Oct. 23, 2001]
Ahern Hails `Unparalleled Breakthrough'
(By Kilian Doyle)
The Taoiseach, Mr. Bertie Ahern, said the IRA statement was
an ``unparalleled breakthrough'' that was of ``profound
importance'' to the peace process.
He said the IRA had now done enough to satisfy General de
Chastelain, but there was still an ``enormous'' amount of
work remaining to be done.
Mr. Ahern paid tribute to the leaders of the IRA, who he
said had made a brave and difficult decision in agreeing to
decommission.
The Minister for Foreign Affairs, Mr. Brian Cowen, said the
statements from the IRA and the International Commission on
decommissioning heralded a new era in the history of Ireland.
``That is a moment for political leaders to be responsive
and generous. The reaction to decommissioning will be as
important as decommissioning itself,'' he said.
``It is imperative that politics is made to work and that
the nightmarish scenes like those from north Belfast are
consigned forever to the pages of history.''
``We must harness the new energy that has been released by
today's developments and begin a new, dynamic era on this
island at all levels, based on partnership, equality and
mutual respect.
``We simply cannot afford to let this opportunity slip.''
Mr. Michael Noonan, the leader of Fine Gael, said he
believed decommissioning had ``already occurred'' and that
General de Chastelain would be confirming that ``before too
long''.
``What we had was the Good Friday Agreement, there is an
opportunity now to make it the Good Friday Settlement.
``Now that [decommissioning] has happened, it seems to me
that there is no difference in principal between putting some
arms beyond use and putting all arms beyond use.''
Mr. Ruairi Quinn, the leader of the Labour Party, said we
are now witnessing events of ``historic proportions.''
He said all parties must now intensify efforts to overcome
the ``distrust and sectarianism that has bedevilled Northern
Ireland for so long.''
There is a particular obligation on the loyalist
paramilitaries to honour the statements made that they would
follow suit if the IRA started decommissioning.
Mr. LEAHY. Madam President, as one who, like many here, traces part
of his ancestry back to that beautiful and often troubled island of
Ireland, I am happy with this news.
Amendments Nos. 1909 Through 1920, En Bloc
Mr. LEAHY. Madam President, I have a series of managers' amendments:
Leahy-McConnell amendment and statement regarding Ken Ludden;
McConnell-Leahy, antiterrorism; Brownback, human antitrafficking;
Leahy-McConnell, AID operating expenses; Leahy-McConnell, notification;
a Leahy endangered species; a Helms-Leahy-McConnell amendment on Iraq;
a McConnell-Leahy on Hong Kong; McConnell on Georgia; Leahy-McConnell
on Federal Republic of Yugoslavia; Leahy-McConnell on orphans; and
McConnell on computer equipment.
I ask unanimous consent that they be considered en bloc, that the
statements and colloquies be printed in the Record, and they be agreed
to en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The assistant legislative clerk read as follows:
The Senator from Vermont [Mr. Leahy], for himself and Mr.
McConnell, for themselves and others, proposes amendments
numbered 1909 through 1920, en bloc.
The amendments are as follows:
AMENDMENT NO. 1909
At the appropriate place in the bill insert the following:
KENNETH M. LUDDEN
Sec. . This Act shall be cited as the Kenneth M. Ludden
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 2002.
[[Page S10897]]
____
AMENDMENT NO. 1910
(Purpose: To prohibit assistance to the government of any nation that
harbored or financed individuals involved in the September 11, 2001
terrorist attacks in the United States)
On page 163, line 19, after ``Syria'' insert the following:
``, or to the government of any nation which the President
determines harbored or is harboring, or provided or is
providing financing for, individuals or organizations
involved in the September 11, 2001 terrorist attacks in the
United States''.
On page 177, line 19 after ``Sudan,'', insert the
following: ``or to the government of any nation which the
President determines harbored or is harboring, or provided or
is providing financing for, individuals or organizations
involved in the September 11, 2001 terrorist attacks in the
United States,''.
____
AMENDMENT NO. 1911
(Purpose: To authorize assistance to the Government of Cambodia's
Ministry of Women and Veteran's Affairs to combat human trafficking)
On page 212, line 25, after the period insert the
following:
(c) Notwithstanding subsection (b) of this section or any
other provision of law, funds appropriated by this Act may be
made available for assistance to the Government of Cambodia's
Ministry of Women and Veteran's Affairs to combat human
trafficking, subject to the regular notification procedures
of the Committees on Appropriations.
____
amendment no. 1912
On page 144, line 6, after ``That'', insert: ``, in
addition to funds otherwise available for such purposes,''.
On page 144, line 9, after ``State'', insert: ``, and not
more than $4,500,000 shall be available for administrative
expenses of the United States Agency for International
Development''.
____
amendment no. 1913
On page 214, line 13, strike ``30'' and insert in lieu
thereof: ``15''.
____
amendment no. 1914
On page 121, line 10, after ``1961,'' insert the following:
``including in areas where population growth threatens
biodiversity or endangered species,''.
____
amendment no. 1915
On page 219, line 15, strike everything after ``That''
through ``equipment'' on line 24, and insert in lieu thereof
the following: ``not more than 15 percent of the funds may be
used for administrative and representational expenses,
including expenditures for salaries, office rent and
equipment: Provided further, That not later than 60 days
after the date of enactment of this Act, the Secretary of
State shall consult with the Committees on Appropriations
regarding plans for the expenditure of funds under this
section: Provided further, That funds made available under
this heading are made available subject to the regular
notification procedures of the Committees on
Appropriations''.
____
amendment no. 1916
(Purpose: To extend the reporting requirements of title III of the
United States-Hong Policy Act)
At the appropriate place in the bill, insert the following:
SEC. . REPORTS ON CONDITIONS IN HONG KONG.
(a) Section 301 of the United States-Hong Kong Policy Act
(22 U.S.C. 5731) is amended by striking ``and March 31,
2000,'' and inserting: ``March 31, 2000, March 31, 2001,
March 31, 2002, March 31, 2003, March 31, 2004, March 31,
2005, and March 31, 2006''.
(b) The requirement in section 301 of the United States-
Hong Kong Policy Act, as amended by subsection (a), that a
report under that section shall be transmitted not later than
March 31, 2001, shall be considered satisfied by the
transmittal of such report by August 7, 2001.
____
amendment no. 1917
On page 155, line 21, after ``later'' insert the following:
``: Provided further, That the ninth proviso under the
heading ``Foreign Military Financing Program'' in title III
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001, as enacted by Public Law
106-429, is amended by inserting ``or 2002'' after ``2001''.
____
AMENDMENT NO. 1918
On page 225, line 18, after ``any'' insert the following:
``new project involving the ''.
On page 226, line 16, strike ``15'' and insert in lieu
thereof: ``10''.
On page 227, lines 5 and 6, strike ``United States
executive directors of the international financial
institutions'' and insert in lieu thereof: ``Secretary of the
Treasury''.
On page 227, line 17, strike ``Agreement and its Annexes''
and insert in lieu thereof: ``Accords''.
____
AMENDMENT NO. 1919
On page 125, line 1, strike ``$25,000'' and insert in lieu
thereof: ``$35,000''.
____
AMENDMENT NO. 1920
On page 137, strike everything after ``available'' on line
9 through ``schools'' on line 12 and insert in lieu thereof:
``to support an education initiative in Armenia to provide
computer equipment and internet access to Armenian primary
and secondary schools''.
The PRESIDING OFFICER. Is there further debate on the amendments?
Without objection, the amendments are agreed to.
The amendments (Nos. 1909 through 1920) were agreed to, en bloc.
Mr. McCONNELL. Madam President, I move to reconsider the vote.
Mr. LEAHY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
HONORING KENNETH MARTIN LUDDEN
Mr. McCONNELL. Madam President, each year, many people assist in the
creation of the Foreign Operations bill. Besides the efforts of our
staffs, hundreds of individuals from the Federal Government provide
information and expertise on the Administration's funding requests.
Unfortunately, on September 10, we lost one of the people who played a
very important part of the creation of this bill for a number of years,
Ken Ludden. Ken worked at the Department of Treasury as their
Legislative Coordinator to the Office of the Assistant Secretary for
International Affairs. Ken was a very capable and attentive liaison.
Not only did he go the extra mile in trying to answer any questions we
had, but he was so good at his job that he would know which member
might be more concerned about one issue and provide information before
staff would request it.
This was not Ken's first position in Government, in fact he dedicated
most of his life to public service. He worked for Congressman Edwin
Forsythe, at the United States Agency for International Development,
for Senator Lugar on the Senate Foreign Relations Committee, the
Department of State and then Treasury. In between his time at the
Departments of State and Treasury, Ken did spend some time in the
private sector but then returned to public service to work as a
congressional liaison. He seemed to genuinely enjoy working with the
Hill. Like many former staff, Ken never forgot his Hill roots. he
understood the needs of staff and members and the demands and
expectations we face from our constituents. Ken also even made bad news
easy to take--he would not stall or press an unworkable position but
would work until common ground could be found between the Department
and Congress.
In light of his dedicated service to the Committee, Senator Leahy and
I have offered an amendment in the manager's package that would
designate the fiscal year 2002 foreign operations bill as the ``Kenneth
M. Ludden Foreign Operations, Export Financing and Related Programs
Appropriations Act, for Fiscal year 2002.'' This is just a small
gesture to acknowledge our appreciation for a life time of service to
the American people. On behalf of the Senate, Senator Leahy and I offer
our deepest condolences to his wife, Mary, and their daughters, and his
colleagues at the Department. We will miss him.
THE WHEELCHAIR FOUNDATION
Mr. STEVENS. Madam President, I rise today to express my appreciation
to the Secretary of State, Colin Powell, for his assistance in the
coming fiscal year to an exceptional organization--the Wheelchair
Foundation. Since its launch in June 2000, the Wheelchair Foundation
has delivered over 26,000 wheelchairs to individuals in 74 countries
and throughout the United States. The World Health Organization
estimates that some 25 million people around the world are unable to
walk due to one cause or another. Various country officials and non-
government officials in different countries around the world put the
number at over 100 million.
To date, the foundation has been financed by private donations from
the Kenneth E. Behring Foundation, private individuals, corporations,
athletic teams and various non-profit organizations. Additionally,
partnerships exist with the International Red Cross, Project Hope,
Goodwill Global, Rotary International, Ronald McDonald House Charities,
and Operations USA, among others. However, the Wheelchair Foundation
has decided to intensify its efforts by launching a goal of delivering
1,000,000 wheelchairs to those in need in the next five years. In order
to take its efforts to this next level, the foundation is seeking a
public/private partnership with the Federal Government.
[[Page S10898]]
My staff has been working with the Secretary's office to try and
create a workable partnership. One of the Federal programs we believe
the Wheelchair Foundation can work with is the Denton Program. The
Denton Program allows the Department of Defense, through a memorandum
of understanding with the U.S. Agency for International Development to
provide space available transportation of humanitarian cargo at little
or no cost to the donor. The donor must ensure that (1) there is a
legitimate need for the supplies by the people for whom they are
intended; (2) that the supplies will in fact be used for humanitarian
purposes; and (3) that the beneficiaries are capable of using the
donated commodities safely. I think I can safely say that each of these
requirements can be easily met by the Wheelchair Foundation. We have
had notification from Secretary Powell's office that he agrees with
these sentiments.
We have also been notified, that, assuming that we provide the
adequate resources in the foreign operations bill, the Secretary will
support providing funding to assist the program. The Wheelchair
Foundation estimates that it will cost $150,000,000 to provide the
1,000,000 chairs. This approximately $150 per chair. Combined with the
Denton Program support, any additional financial assistance that the
Department of State provides would be greatly appreciated.
Mr. McCONNELL. Senator Stevens, would you pause for a question? This
program sounds like it has been very successful--but now requires some
of the Federal Government's global contacts to make that extra step--is
that correct?
Mr. STEVENS. Senator McConnell you are exactly right. The efforts by
the foundation will not only utilize the vast resources of the private
sector--but combine that with the experience and knowledge of the
Department of State and the United States Agency for International
Development. State and USAID each have personnel around the globe who
are aware of the need for these chairs--from Central America to the
nations of Africa to the Balkans to South East Asia. We are confident
that these U.S. personnel can utilize their contacts in each of these
communities to bring relief to those in need--and in five years--to
reach one million people.
Mr. LEAHY. Senator, one more question please? Is there any limitation
on who may receive these chairs? Are they designated for one group in
particular?
Mr. STEVENS. No--one must only show a need--from innocent victims of
landmines to those with muscular dystrophy--the Wheelchair Foundation
has a single mission of bringing mobility and independence to those who
cannot walk.
Mr. McCONNELL. Senator Leahy, it is clear that Senator Stevens has
come to us on behalf of an organization worthy of receiving U.S.
support and I look forward to hearing of the accomplishments they make
in the coming year.
Mr. LEAHY. Senator, I concur with your assessment and hope that the
foundation reaches its goals for the coming year.
Mr. STEVENS. Thank you both for your support and, again, for the
support of the Secretary. I look forward to working with you all to
ensure that this project is a success.
TREATMENT FOR PRIMARY IMMUNODEFICIENCIES IN LATIN AMERICA
Mrs. CLINTON. Madam President: I would like to begin by commending my
friend from Vermont, Senator Leahy, for his tremendous work in putting
this foreign operations appropriations bill together. I also want to
applaud the efforts of USAID for its support of child health programs
over the last 25 years, and, particularly, for intensifying its efforts
in 1985 with the child survival initiative. Today more than 4 million
infant and child deaths are prevented annually due to the critical
life-saving health services provided by USAID and its partners.
It has been estimated that in Central and South America over one
million children are afflicted with primary immunodeficiency.
Individuals with undiagnosed primary immunodeficiency are a source of
viral and bacterial infection. When left undiagnosed and unprotected
this population harbors serious viruses, bacteria, fungi and deep-
seated infections. I am aware that an immunology infrastructure is in
place in several Central and South American countries to conduct early
diagnosis and treatment. However, funds are needed to further enhance
and develop appropriate treatment. The Jeffrey Modell Foundation has
developed a successful model for combating primary immuno-deficiencies
in the United States and around the world. I am hopeful that USAID, in
collaboration with the foundation, will consider this model in Latin
America. The components of this program would include physician
education and public awareness, prevention, diagnosis and treatment.
I would be grateful if the chairman would join me in urging USAID to
consider supporting the establishment of such programs in Latin
America.
Mr. LEAHY. I want to thank my good friend from New York for bringing
this to the Senate's attention. She has been a strong supporter of
USAID's programs to improve the health of women and children in poor
countries, and I applaud her for that. I look forward to having the
benefit of her expertise on these issues, and will certainly encourage
USAID to consider supporting the initiative she speaks of to combat
primary immunodeficiencies in Latin America.
cambodia's ministry of women and veteran's affairs
Mr. BROWNBACK. The amendment I am offering will allow U.S. assistance
to support programs and activities conducted by Cambodia's Ministry of
Women and Veteran's Affairs, and local and international
nongovernmental organizations to counter human trafficking in the
Kingdom of Cambodia. The State Department's ``Trafficking in persons
Report'' dated July 2001 designates Cambodia as a source, destination,
and transit country for trafficked persons. I offer this amendment with
the full understanding that the climate of impunity in Cambodia today
has allowed the trafficking of persons--and other illicit activities--
to flourish. However, the Ministry of Women and Veteran's Affairs has
demonstrated the political will to address this problem in a meaningful
way--and to coordinate its work with the NGO community--and I encourage
the State Department and the U.S. Agency for International Development
to support the Ministry's efforts. I yield to my friend from Kentucky
for a question.
Mr. McCONNELL. My colleague has given serious thought to this
amendment, and I commend him for his approach in selectively engaging
the Cambodian government on issues of importance to the Cambodian
people and the region. As a point of clarification does the Senator
intend his amendment to allow the provision of U.S. assistance to any
other segment of the Cambodian government, with the exception of the
Ministry of Women and Veteran's Affairs for the sole purpose of
combating human trafficking?
Mr. BROWNBACK. No. This amendment would permit U.S. assistance only
to that Ministry for the sole purpose you mention. It is not my
intention to subvert Section 560 of the FY 2002 Foreign Operations
Appropriations bill. I seek only to support the reform efforts of the
Ministry. It is a tragedy and horror that Cambodians can be abducted
and sold into some form of slavery for as little as $30. One survey
found that 68 percent of sex workers in Cambodia had been forced into
prostitution by outright sale by parents or boyfriends or by being
lured into brothels with promises of a good job. I thank Senator
McConnell and Senator Leahy for their interests in helping Cambodia's
women and children.
Mr. McCONNELL. I thank the Senator from Kansas for that
clarification. I also want to note that the democratic opposition in
Cambodia fully supports this amendment, and I ask that a letter from
Cambodian Member of Parliament Sam Rainsy be inserted in the record
following my remarks. I ask that I be added as a cosponsor to this
amendment.
Mr. LEAHY. This is an important amendment that will enable the United
States to support efforts by Cambodia's Ministry of Women and Veteran's
Affairs to combat human trafficking, which as Senator Brownback has
noted is a terrible problem in that country. I commend him for his
commitment to address this problem and ask that I be added as a
cosponsor as well.
Madam President, if the distinguished Senator from Kentucky and I
[[Page S10899]]
were to have our way about it, we would go to final passage, but I have
a feeling there are probably some who may not be in favor of that.
I don't have anything else.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________