[Congressional Record Volume 147, Number 144 (Thursday, October 25, 2001)]
[Senate]
[Pages S11131-S11148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2002

  On October 24, 2001, the Senate passed H.R. 2506, as follows:

         Resolved, That the bill from the House of Representatives 
     (H.R. 2506) entitled ``An Act making appropriations for 
     foreign operations, export financing, and related programs 
     for the fiscal year ending September 30, 2002, and for other 
     purposes.'', do pass with the following amendment:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2002, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE


                export-import bank of the united states

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act.


                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, $727,323,000 to 
     remain available until September 30, 2005: Provided, That

[[Page S11132]]

     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall remain 
     available until September 30, 2020 for the disbursement of 
     direct loans, loan guarantees, insurance and tied-aid grants 
     obligated in fiscal years 2002, 2003, 2004, and 2005: 
     Provided further, That none of the funds appropriated by this 
     Act or any prior Act appropriating funds for foreign 
     operations, export financing, or related programs for tied-
     aid credits or grants may be used for any other purpose 
     except through the regular notification procedures of the 
     Committees on Appropriations: Provided further, That funds 
     appropriated by this paragraph are made available 
     notwithstanding section 2(b)(2) of the Export Import Bank Act 
     of 1945, in connection with the purchase or lease of any 
     product by any East European country, any Baltic State or any 
     agency or national thereof.


                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, $64,000,000: Provided, That necessary expenses 
     (including special services performed on a contract or fee 
     basis, but not including other personal services) in 
     connection with the collection of moneys owed the Export-
     Import Bank, repossession or sale of pledged collateral or 
     other assets acquired by the Export-Import Bank in 
     satisfaction of moneys owed the Export-Import Bank, or the 
     investigation or appraisal of any property, or the evaluation 
     of the legal or technical aspects of any transaction for 
     which an application for a loan, guarantee or insurance 
     commitment has been made, shall be considered 
     nonadministrative expenses for the purposes of this heading: 
     Provided further, That, notwithstanding subsection (b) of 
     section 117 of the Export Enhancement Act of 1992, subsection 
     (a) thereof shall remain in effect until October 1, 2002.


                overseas private investment corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $38,608,000: Provided further, That 
     project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       Such sums as may be necessary for administrative expenses 
     to carry out the credit program may be derived from amounts 
     available for administrative expenses to carry out the credit 
     and insurance programs in the Overseas Private Investment 
     Corporation Noncredit Account and merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $50,024,000, to remain available until September 30, 2003.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For expenses necessary to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2002, 
     unless otherwise specified herein, as follows:


           united states agency for international development

                child survival and health programs fund

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for child survival, family planning/reproductive 
     health, assistance to combat tropical and other infectious 
     diseases, and related activities, in addition to funds 
     otherwise available for such purposes, $1,510,500,000, to 
     remain available until expended: Provided, That this amount 
     shall be made available for such activities as: (1) 
     immunization programs; (2) oral rehydration programs; (3) 
     health, nutrition, water and sanitation programs, and related 
     education programs; (4) assistance for displaced and orphaned 
     children; (5) programs for the prevention, treatment, and 
     control of, and research on, HIV/AIDS, tuberculosis, malaria, 
     polio and other infectious diseases; and (6) family planning/
     reproductive health: Provided further, That none of the funds 
     appropriated under this heading may be made available for 
     nonproject assistance, except that funds may be made 
     available for such assistance for ongoing health programs: 
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $125,000, in addition to funds 
     otherwise available for such purposes, may be used to monitor 
     and provide oversight of child survival, maternal and family 
     planning/reproductive health, and infectious disease 
     programs: Provided further, That the following amounts should 
     be allocated as follows: $325,000,000 for child survival and 
     maternal health; $25,000,000 for vulnerable children; 
     $450,000,000 for HIV/AIDS including $90,000,000 which may be 
     made available, notwithstanding any other provision of law, 
     for a United States contribution to a global fund to combat 
     HIV/AIDS, malaria, and tuberculosis, and not less than 
     $15,000,000 which should be made available to support the 
     development of microbicides as a means for combating HIV/
     AIDS; $185,000,000 for other infectious diseases, of which 
     not less than $65,000,000 should be made available for the 
     prevention, treatment, and control of, and research on, 
     tuberculosis, and of which not less than $65,000,000 should 
     be made available to combat malaria; $120,000,000 for UNICEF: 
     Provided further, That of the funds appropriated under this 
     Act, not less than $450,000,000 shall be made available to 
     carry out the purposes of section 104(b) of the Foreign 
     Assistance Act of 1961, including in areas where population 
     growth threatens biodiversity or endangered species, of which 
     not less than $395,000,000 shall be made available from funds 
     appropriated under this heading and not less than $55,000,000 
     shall be made available from funds appropriated under other 
     headings in this title: Provided further, That of the funds 
     appropriated under this heading, up to $50,500,000 may be 
     made available for a United States contribution to The 
     Vaccine Fund, and up to $10,000,000 may be made available for 
     the International AIDS Vaccine Initiative: Provided further, 
     That none of the funds made available in this Act nor any 
     unobligated balances from prior appropriations may be made 
     available to any organization or program which, as determined 
     by the President of the United States, supports or 
     participates in the management of a program of coercive 
     abortion or involuntary sterilization: Provided further, That 
     none of the funds made available under this Act may be used 
     to pay for the performance of abortion as a method of family 
     planning or to motivate or coerce any person to practice 
     abortions: Provided further, That none of the funds made 
     available under this Act may be used to lobby for or against 
     abortion: Provided further, That in order to reduce reliance 
     on abortion in developing nations, funds shall be available 
     only to voluntary family planning projects which offer, 
     either directly or through referral to, or information about 
     access to, a broad range of family planning methods and 
     services, and that any such voluntary family planning project 
     shall meet the following requirements: (1) service providers 
     or referral agents in the project shall not implement or be 
     subject to quotas, or other numerical targets, of total 
     number of births, number of family planning acceptors, or 
     acceptors of a particular method of family planning (this 
     provision shall not be construed to include the use of 
     quantitative estimates or indicators for budgeting and 
     planning purposes); (2) the project shall not include payment 
     of incentives, bribes, gratuities, or financial reward to: 
     (A) an individual in exchange for becoming a family planning 
     acceptor; or (B) program personnel for achieving a numerical 
     target or quota of total number of births, number of family 
     planning acceptors, or acceptors of a particular method of 
     family planning; (3) the project shall not deny any right or 
     benefit, including the right of access to participate in any 
     program of general welfare or the right of access to health 
     care, as a consequence of any individual's decision not to 
     accept family planning services; (4) the project shall 
     provide family planning acceptors comprehensible information 
     on the health benefits and risks of the method chosen, 
     including those conditions that might render the use of the 
     method inadvisable and those adverse side effects known to be 
     consequent to the use of the method; and (5) the project 
     shall ensure that experimental contraceptive drugs and 
     devices and medical procedures are provided only in the 
     context of a scientific study in which participants are 
     advised of potential risks and benefits; and, not less than 
     60 days after the date on which the Administrator of the 
     United States Agency for International Development determines 
     that there has been a violation of the requirements contained 
     in paragraph (1), (2), (3), or (5) of this proviso, or a 
     pattern or practice of violations of the requirements 
     contained in paragraph (4) of this proviso, the Administrator 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives, a report containing 
     a description of such violation and the corrective action 
     taken by the Agency: Provided further, That in awarding 
     grants for natural family planning under section 104 of the 
     Foreign Assistance Act of 1961 no applicant shall be 
     discriminated against because of such applicant's religious 
     or conscientious commitment to offer only natural family 
     planning; and, additionally, all such applicants shall comply 
     with the requirements of the previous proviso: Provided 
     further, That for purposes of this or any other Act 
     authorizing or appropriating funds for foreign operations, 
     export financing, and related programs, the term 
     ``motivate'', as it relates to family planning assistance, 
     shall not be construed to prohibit the provision, consistent 
     with local law, of information or counseling about all 
     pregnancy options: Provided further, That nothing in this 
     paragraph shall be construed to alter any existing statutory 
     prohibitions against abortion under section 104 of the 
     Foreign Assistance Act of 1961.


                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, and 131, and chapter 10 of part I of 
     the Foreign Assistance Act of 1961, $1,245,000,000, to remain 
     available until September 30, 2003: Provided, That 
     $135,000,000 should be allocated for children's basic 
     education: Provided further, That none of the funds 
     appropriated under this heading may be made available for any 
     activity which is in contravention to the Convention on 
     International Trade in Endangered Species of Flora and Fauna: 
     Provided further, That of the funds appropriated under this 
     heading that are made available for assistance programs for 
     displaced and orphaned children and victims of war, not to 
     exceed $35,000, in addition to funds otherwise available for 
     such purposes, may be used to

[[Page S11133]]

     monitor and provide oversight of such programs: Provided 
     further, That of the aggregate amount of the funds 
     appropriated by this Act that are made available for 
     agriculture and rural development programs, $30,000,000 
     should be made available for plant biotechnology research and 
     development: Provided further, That not less than $2,300,000 
     should be made available for core support for the 
     International Fertilizer Development Center: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $500,000 shall be made available for support of 
     the United States Telecommunications Training Institute: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $19,000,000 shall be made available 
     for the American Schools and Hospitals Abroad program: 
     Provided further, That, of the funds appropriated under this 
     heading, up to $100,000 should be made available for an 
     assessment of the causes of the flooding along the Volta 
     River in Accra, Ghana, and to make recommendations for 
     solving the problem: Provided further, That, of the funds 
     appropriated under this heading or under ``Child Survival and 
     Health Programs Fund'', $5,000,000 should be made available 
     for activities in South and Central Asia aimed at 
     reintegrating ``child soldiers'' and other war-affected 
     youth.


    ENVIRONMENT, CLEAN ENERGY, AND ENERGY CONSERVATION PROGRAMS FUND

       Of the funds appropriated under the heading ``Development 
     Assistance'', not less than $295,000,000 should be made 
     available for programs and activities which directly protect 
     tropical forests, biodiversity and endangered species, 
     promote the sustainable use of natural resources, and promote 
     a wide range of clean energy and energy conservation 
     activities, including the transfer of cleaner and 
     environmentally sustainable energy technologies, and related 
     activities: Provided, That of the funds appropriated by this 
     Act, not less than $175,000,000 should be made available to 
     support policies and actions in developing countries and 
     countries in transition that measure, monitor, report, 
     verify, and reduce greenhouse gas emissions; increase carbon 
     sequestration activities; and enhance climate change 
     mitigation programs.


                                 cyprus

       Of the funds appropriated under the heading ``Economic 
     Support Fund'', not less than $15,000,000 shall be made 
     available for Cyprus to be used only for scholarships, 
     administrative support of the scholarship program, bicommunal 
     projects, and measures aimed at reunification of the island 
     and designed to reduce tensions and promote peace and 
     cooperation between the two communities on Cyprus.


                                lebanon

       Of the funds appropriated under the heading ``Economic 
     Support Fund'', not less than $35,000,000 should be made 
     available for Lebanon to be used, among other programs, for 
     scholarships and direct support of the American educational 
     institutions in Lebanon: Provided, That, notwithstanding 
     section 534(a) of this Act, none of the funds appropriated 
     under the heading ``Economic Support Fund'' may be made 
     available for assistance for the Central Government of 
     Lebanon until the Secretary of State determines and certifies 
     to the Committees on Appropriations that the Government of 
     Lebanon has enforced the custody and international pickup 
     orders, issued during calendar year 2001, of Lebanon's civil 
     courts regarding abducted American children in Lebanon.


                               INDONESIA

       Of the funds appropriated under the headings ``Economic 
     Support Fund'', ``Child Survival and Health Programs Fund'' 
     and ``Development Assistance'', not less than $135,000,000 
     should be made available for Indonesia: Provided, That not 
     less than $10,000,000 should be made available for 
     humanitarian, economic rehabilitation, and reconstruction, 
     political reconciliation, and related activities in Aceh, 
     Papua, West Timor, and Malukus: Provided further, That funds 
     made available in the previous proviso may be transferred to 
     and merged with the appropriation for Transition Initiatives.


                                 burma

       Of the funds appropriated under the heading ``Economic 
     Support Fund'', not less than $6,500,000 shall be made 
     available to support democracy activities in Burma, democracy 
     and humanitarian activities along the Burma-Thailand border, 
     and for Burmese student groups and other organizations 
     located outside Burma: Provided, That funds made available 
     for Burma-related activities under this heading may be made 
     available notwithstanding any other provision of law: 
     Provided further, That none of the funds appropriated by this 
     Act may be used to provide humanitarian assistance inside 
     Burma by any individual, group, or association unless the 
     Secretary of State certifies and reports to the Committees on 
     Appropriations that the provision of such assistance includes 
     the direct involvement of the democratically elected National 
     League for Democracy: Provided further, That the provision of 
     such funds shall be made available subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That Title II of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2001, as enacted by section 101(a) of Public Law 106-429, is 
     amended, under the heading ``Burma'', by inserting ``, `Child 
     Survival and Disease Programs Fund','' after ``Fund''.


                                  LAOS

       Of the funds appropriated under the headings ``Child 
     Survival and Health Programs Fund'' and ``Development 
     Assistance'', $5,000,000 should be made available for Laos: 
     Provided, That funds made available under this heading should 
     be made available only through nongovernmental organizations.


                   international disaster assistance

       For necessary expenses for international disaster relief, 
     rehabilitation, and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, as 
     amended, $245,000,000, to remain available until expended.


                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $52,500,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis: Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict: Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance.


                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees, up to 
     $25,000,000, as authorized by sections 108 and 635 of the 
     Foreign Assistance Act of 1961: Provided, That such funds 
     shall be derived by transfer from funds appropriated by this 
     Act to carry out part I of the Foreign Assistance Act of 
     1961, and under the heading ``Assistance for Eastern Europe 
     and the Baltic States'': Provided further, That such funds 
     shall be made available only for micro and small enterprise 
     programs, urban programs, and other programs which further 
     the purposes of part I of the Act: Provided further, That 
     such costs shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading. In addition, for administrative expenses to carry 
     out credit programs administered by the United States Agency 
     for International Development, $7,500,000, all of which may 
     be transferred to and merged with the appropriation for 
     Operating Expenses of the United States Agency for 
     International Development: Provided further, That funds 
     appropriated under this heading shall remain available until 
     expended.


     payment to the foreign service retirement and disability fund

       For payment to the ``Foreign Service Retirement and 
     Disability Fund'', as authorized by the Foreign Service Act 
     of 1980, $44,880,000.


   operating expenses of the united states agency for international 
                              development

       For necessary expenses to carry out the provisions of 
     section 667, $549,000,000: Provided, That none of the funds 
     appropriated under this heading may be made available to 
     finance the construction (including architect and engineering 
     services), purchase, or long term lease of offices for use by 
     the United States Agency for International Development, 
     unless the Administrator has identified such proposed 
     construction (including architect and engineering services), 
     purchase, or long term lease of offices in a report submitted 
     to the Committees on Appropriations at least 15 days prior to 
     the obligation of these funds for such purposes: Provided 
     further, That the previous proviso shall not apply where the 
     total cost of construction (including architect and 
     engineering services), purchase, or long term lease of 
     offices does not exceed $1,000,000: Provided further, That of 
     the funds appropriated under this heading, up to $10,000,000 
     may remain available until expended for overseas facilities 
     construction, leasing, and other security-related costs.


   operating expenses of the united states agency for international 
                development office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667, $32,000,000, to remain available until September 
     30, 2003, which sum shall be available for the Office of the 
     Inspector General of the United States Agency for 
     International Development.

                  Other Bilateral Economic Assistance


                         economic support fund

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II, $2,239,500,000, to remain available 
     until September 30, 2003: Provided, That of the funds 
     appropriated under this heading, not less than $720,000,000 
     shall be available only for Israel, which sum shall be 
     available on a grant basis as a cash transfer and shall be 
     disbursed within 30 days of the enactment of this Act or by 
     October 31, 2001, whichever is later: Provided further, That 
     not less than $655,000,000 shall be available only for Egypt, 
     which sum shall be provided on a grant basis, and of which 
     sum cash transfer assistance shall be provided with the 
     understanding that Egypt will undertake significant economic 
     reforms which are additional to those which were undertaken 
     in previous fiscal years, and of which not less than 
     $160,000,000 shall be provided as Commodity Import Program 
     assistance: Provided further, That in exercising the 
     authority to provide cash transfer assistance for Israel, the 
     President shall ensure that the level of such assistance does 
     not cause an adverse impact on the total level of nonmilitary 
     exports from the United States to such country and that 
     Israel enters into a side letter agreement in an amount 
     proportional to the fiscal year 1999 agreement: Provided 
     further, That of the funds appropriated under this heading, 
     $150,000,000 shall be made available for assistance for 
     Jordan: Provided further, That of the funds appropriated 
     under this heading, not less than $25,000,000 shall be made 
     available for assistance for East

[[Page S11134]]

     Timor of which up to $1,000,000 may be transferred to and 
     merged with the appropriation for Operating Expenses of the 
     United States Agency for International Development: Provided 
     further, That of the funds appropriated under this heading, 
     $12,000,000 should be made available for Mongolia: Provided 
     further, That up to $10,000,000 of the funds appropriated 
     under this heading may be used, notwithstanding any other 
     provision of law, to provide assistance to the National 
     Democratic Alliance of Sudan to strengthen its ability to 
     protect civilians from attacks, slave raids, and aerial 
     bombardment by the Sudanese Government forces and its militia 
     allies, and the provision of such funds shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations: Provided further, That in the previous 
     proviso, the term ``assistance'' includes non-lethal, non-
     food aid such as blankets, medicine, fuel, mobile clinics, 
     water drilling equipment, communications equipment to notify 
     civilians of aerial bombardment, non-military vehicles, 
     tents, and shoes: Provided further, That of the funds 
     appropriated under this heading, not less than $250,000 
     should be made available for assistance for the Documentation 
     Center of Cambodia: Provided further, That not later than 60 
     days after the enactment of this Act, the Secretary of State 
     shall report to the Committees on Appropriations on a 3-year 
     funding strategy for the Documentation Center of Cambodia.


          assistance for eastern europe and the baltic states

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 and the Support for East 
     European Democracy (SEED) Act of 1989, $615,000,000, to 
     remain available until September 30, 2003, which shall be 
     available, notwithstanding any other provision of law, for 
     assistance and for related programs for Eastern Europe and 
     the Baltic States, of which not to exceed $28,000,000 shall 
     be available for the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying direct loans 
     and guarantees for the Federal Republic of Yugoslavia: 
     Provided, That funds made available for assistance for Kosovo 
     from funds appropriated under this heading and under the 
     headings ``Economic Support Fund'' and ``International 
     Narcotics Control and Law Enforcement'' should not exceed 15 
     percent of the total resources pledged by all donors for 
     calendar year 2002 for assistance for Kosovo as of March 31, 
     2002: Provided further, That none of the funds made available 
     under this Act for assistance for Kosovo shall be made 
     available for large scale physical infrastructure 
     reconstruction.
       (b) Funds appropriated under this heading or in prior 
     appropriations Acts that are or have been made available for 
     an Enterprise Fund may be deposited by such Fund in interest-
     bearing accounts prior to the Fund's disbursement of such 
     funds for program purposes. The Fund may retain for such 
     program purposes any interest earned on such deposits without 
     returning such interest to the Treasury of the United States 
     and without further appropriation by the Congress. Funds made 
     available for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities.
       (c) Funds appropriated under this heading shall be 
     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance.
       (d) With regard to funds appropriated under this heading 
     for the economic revitalization program in Bosnia and 
     Herzegovina, and local currencies generated by such funds 
     (including the conversion of funds appropriated under this 
     heading into currency used by Bosnia and Herzegovina as local 
     currency and local currency returned or repaid under such 
     program) the Administrator of the United States Agency for 
     International Development shall provide written approval for 
     grants and loans prior to the obligation and expenditure of 
     funds for such purposes, and prior to the use of funds that 
     have been returned or repaid to any lending facility or 
     grantee.
       (e) The provisions of section 529 of this Act shall apply 
     to funds made available under subsection (d) and to funds 
     appropriated under this heading: Provided, That 
     notwithstanding any provision of this or any other Act, 
     including provisions in this subsection regarding the 
     application of section 529 of this Act, local currencies 
     generated by, or converted from, funds appropriated by this 
     Act and by previous appropriations Acts and made available 
     for the economic revitalization program in Bosnia may be used 
     in Eastern Europe and the Baltic States to carry out the 
     provisions of the Foreign Assistance Act of 1961 and the 
     Support for East European Democracy (SEED) Act of 1989.
       (f) The President is authorized to withhold funds 
     appropriated under this heading made available for economic 
     revitalization programs in Bosnia and Herzegovina, if he 
     determines and certifies to the Committees on Appropriations 
     that the Federation of Bosnia and Herzegovina has not 
     complied with article III of annex 1-A of the General 
     Framework Agreement for Peace in Bosnia and Herzegovina 
     concerning the withdrawal of foreign forces, and that 
     intelligence cooperation on training, investigations, and 
     related activities between Iranian officials and Bosnian 
     officials has not been terminated.


    assistance for the independent states of the former soviet union

       (a) For necessary expenses to carry out the provisions of 
     chapters 11 and 12 of part I of the Foreign Assistance Act of 
     1961 and the FREEDOM Support Act, for assistance for the 
     Independent States of the former Soviet Union and for related 
     programs, $795,500,000, to remain available until September 
     30, 2003: Provided, That the provisions of such chapters 
     shall apply to funds appropriated by this paragraph: Provided 
     further, That of the funds made available for the Southern 
     Caucasus region, notwithstanding any other provision of law, 
     funds may be used for confidence-building measures and other 
     activities in furtherance of the peaceful resolution of the 
     regional conflicts, especially those in the vicinity of 
     Abkhazia and Nagorno-Karabagh: Provided further, That of the 
     funds appropriated under this heading not less than 
     $20,000,000 shall be made available solely for the Russian 
     Far East.
       (b) Of the funds appropriated under this heading, not less 
     than $180,000,000 should be made available for assistance for 
     Ukraine: Provided, That of this amount, not less than 
     $35,000,000 should be made available for nuclear reactor 
     safety initiatives: Provided further, That not later than 60 
     days after the date of enactment of this Act, and 120 days 
     thereafter, the Department of State shall submit to the 
     Committees on Appropriations a report on progress by the 
     Government of Ukraine in investigating and bringing to 
     justice individuals responsible for the murders of Ukrainian 
     journalists.
       (c) Of the funds appropriated under this heading, not less 
     than $90,000,000 shall be made available for assistance for 
     Armenia: Provided, That of this amount, not less than 
     $5,000,000 shall be made available to support an education 
     initiative in Armenia to provide computer equipment and 
     internet access to Armenian primary and secondary schools.
       (d) Of the funds appropriated under this heading, not less 
     than $90,000,000 shall be made available for assistance for 
     Georgia, of which not less than $3,000,000 should be made 
     available for a small business development project.
       (e) Of the funds made available under this heading for 
     nuclear safety activities, not to exceed 8 percent of the 
     funds provided for any single project may be used to pay for 
     management costs incurred by a United States agency or 
     national lab in administering said project.
       (f)(1) Of the funds appropriated under this heading that 
     are allocated for assistance for the Government of the 
     Russian Federation, 60 percent shall be withheld from 
     obligation until the President determines and certifies in 
     writing to the Committees on Appropriations that the 
     Government of the Russian Federation:
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability;
       (B) is cooperating with international efforts to 
     investigate allegations of war crimes and atrocities in 
     Chechnya;
       (C) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya; and
       (D) is in compliance with article V of the Treaty on 
     Conventional Armed Forces in Europe regarding forces deployed 
     in the flank zone in and around Chechyna.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (g) Of the funds appropriated under this heading, not less 
     than $45,000,000 should be made available, in addition to 
     funds otherwise available for such purposes, for assistance 
     for child survival, environmental and reproductive health, 
     and to combat HIV/AIDS, tuberculosis, and other infectious 
     diseases, and for related activities.

                          Independent Agencies


                              peace corps

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), $275,000,000, including the 
     purchase of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States: 
     Provided, That none of the funds appropriated under this 
     heading shall be used to pay for abortions: Provided further, 
     That funds appropriated under this heading shall remain 
     available until September 30, 2003.


                       INTER-AMERICAN FOUNDATION

       For expenses necessary to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, and to 
     make commitments without regard to fiscal year limitations, 
     as provided by 31 U.S.C. 9104(b)(3), $13,106,950.


                     AFRICAN DEVELOPMENT FOUNDATION

       For expenses necessary to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980, Public Law 96-533, and to make commitments without 
     regard to fiscal year limitations, as provided by 31 U.S.C. 
     9104(b)(3), $16,542,000: Provided, That funds made available 
     to grantees may be invested pending expenditure for project 
     purposes when authorized by the President of the Foundation: 
     Provided further, That interest earned shall be used only for 
     the purposes for which the grant was made: Provided further, 
     That this authority applies to interest earned both prior to 
     and following enactment of this provision: Provided further, 
     That notwithstanding section 505(a)(2) of the African 
     Development Foundation Act, in exceptional circumstances the 
     board of directors of the Foundation may waive the $250,000 
     limitation contained in that section with respect to a 
     project: Provided further, That the Foundation shall provide 
     a report to the Committees on Appropriations after each time 
     such waiver authority is exercised.

[[Page S11135]]

                          Department of State


          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $217,000,000, to remain 
     available until expended: Provided, That any funds made 
     available under this heading for anti-crime programs and 
     activities shall be made available subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That during fiscal year 2002, the 
     Department of State may also use the authority of section 608 
     of the Foreign Assistance Act of 1961, without regard to its 
     restrictions, to receive excess property from an agency of 
     the United States Government for the purpose of providing it 
     to a foreign country under chapter 8 of part I of that Act 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $10,000,000 should be made available for anti-trafficking in 
     persons programs, including trafficking prevention, 
     protection and assistance for victims, and prosecution of 
     traffickers: Provided further, That of the funds appropriated 
     under this heading, not more than $16,660,000 shall be 
     available for administrative expenses.


                     ANDEAN COUNTERDRUG INITIATIVE

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 solely to support counterdrug 
     activities in the Andean region of South America, 
     $547,000,000, to remain available until expended: Provided, 
     That of the amount appropriated under this heading, not less 
     than $101,000,000 shall be made available for Bolivia, and 
     not less than $35,000,000 shall be made available for 
     Ecuador: Provided further, That of the amount appropriated 
     under this heading, not less than $200,000,000 shall be 
     apportioned directly to the United States Agency for 
     International Development, to be used for economic and social 
     programs: Provided further, That of the amount appropriated 
     under this heading, up to $2,000,000 should be made available 
     to support democracy-building activities in Venezuela: 
     Provided further, That funds appropriated by this Act that 
     are used for the procurement of chemicals for aerial coca 
     fumigation programs may be made available for such programs 
     only if the Secretary of State, after consultation with the 
     Administrator of the Environmental Protection Agency and the 
     Director of the Centers for Disease Control and Prevention, 
     determines and reports to the Committees on Appropriations 
     that (1) the chemicals used in the aerial fumigation of coca, 
     in the manner in which they are being applied, do not pose an 
     undue risk to human health or safety; (2) that aerial coca 
     fumigation is being carried out in accordance with Colombian 
     laws and regulations, and health, safety, and usage 
     procedures recommended by the Environmental Protection 
     Agency, the Centers for Disease Control and Prevention, and 
     the manufacturers of the chemicals; (3) effective mechanisms 
     are being utilized to evaluate claims of local citizens that 
     their health was harmed or their licit agricultural crops 
     were damaged by such aerial coca fumigation, and to provide 
     fair compensation for meritorious claims; and (4) within 6 
     months of the date of enactment of this Act alternative 
     development programs have been developed, in consultation 
     with communities and local authorities in the departments in 
     which such aerial coca fumigation is planned, and in the 
     departments in which such aerial coca fumigation has been 
     conducted, such programs are being implemented within 6 
     months of the date of enactment of this Act: Provided 
     further, That section 482(b) of the Foreign Assistance Act of 
     1961 shall not apply to funds appropriated under this 
     heading: Provided further, That assistance provided with 
     funds appropriated under this heading that is made available 
     notwithstanding section 482(b) of the Foreign Assistance Act 
     of 1961, as amended, shall be made available subject to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That section 3204(b) of the 
     Emergency Supplemental Act, 2000 (Public Law 106-246) shall 
     be applicable to funds appropriated by this Act: Provided 
     further, That the President shall ensure that if any 
     helicopter procured with funds under this heading is used to 
     aid or abet the operations of any illegal self-defense group 
     or illegal security cooperative, such helicopter shall be 
     immediately returned to the United States: Provided further, 
     That funds made available under this heading shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations: Provided further, That, in addition to funds 
     otherwise available for such purposes, of the funds 
     appropriated under this heading, not more than $14,240,000 
     shall be available for administrative expenses of the 
     Department of State, and not more than $4,500,000 shall be 
     available for administrative expenses of the United States 
     Agency for International Development.


                    migration and refugee assistance

       For expenses, not otherwise provided for, necessary to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High Commissioner for Refugees, and other activities 
     to meet refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $735,000,000, 
     which shall remain available until expended: Provided, That 
     not more than $16,000,000 shall be available for 
     administrative expenses: Provided further, That not less than 
     $60,000,000 of the funds made available under this heading 
     shall be made available for refugees from the former Soviet 
     Union and Eastern Europe and other refugees resettling in 
     Israel.


     united states emergency refugee and migration assistance fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 260(c)), $15,000,000, to remain 
     available until expended: Provided, That the funds made 
     available under this heading are appropriated notwithstanding 
     the provisions contained in section 2(c)(2) of the Act which 
     would limit the amount of funds which could be appropriated 
     for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-terrorism 
     and related programs and activities, $318,500,000, to carry 
     out the provisions of chapter 8 of part II of the Foreign 
     Assistance Act of 1961 for anti-terrorism assistance, chapter 
     9 of part II of the Foreign Assistance Act of 1961, section 
     504 of the FREEDOM Support Act, section 23 of the Arms Export 
     Control Act or the Foreign Assistance Act of 1961 for 
     demining activities, the clearance of unexploded ordnance, 
     the destruction of small arms, and related activities, 
     notwithstanding any other provision of law, including 
     activities implemented through nongovernmental and 
     international organizations, section 301 of the Foreign 
     Assistance Act of 1961 for a voluntary contribution to the 
     International Atomic Energy Agency (IAEA) and a voluntary 
     contribution to the Korean Peninsula Energy Development 
     Organization (KEDO), and for a United States contribution to 
     the Comprehensive Nuclear Test Ban Treaty Preparatory 
     Commission: Provided, That the Secretary of State shall 
     inform the Committees on Appropriations at least 10 days 
     prior to the obligation of funds for the Comprehensive 
     Nuclear Test Ban Treaty Preparatory Commission: Provided 
     further, That of this amount not to exceed $14,000,000, to 
     remain available until expended, may be made available for 
     the Nonproliferation and Disarmament Fund, notwithstanding 
     any other provision of law, to promote bilateral and 
     multilateral activities relating to nonproliferation and 
     disarmament: Provided further, That such funds may also be 
     used for such countries other than the Independent States of 
     the former Soviet Union and international organizations when 
     it is in the national security interest of the United States 
     to do so following consultation with the appropriate 
     committees of Congress: Provided further, That funds 
     appropriated under this heading may be made available for the 
     International Atomic Energy Agency only if the Secretary of 
     State determines (and so reports to the Congress) that Israel 
     is not being denied its right to participate in the 
     activities of that Agency: Provided further, That of the 
     funds appropriated under this heading, $40,000,000 should be 
     made available for demining, clearance of unexploded 
     ordnance, and related activities: Provided further, That of 
     the funds made available for demining and related activities, 
     not to exceed $500,000, in addition to funds otherwise 
     available for such purposes, may be used for administrative 
     expenses related to the operation and management of the 
     demining program: Provided further, That of the funds 
     appropriated under this heading, $3,500,000 should be made 
     available to support the Small Arms Destruction Initiative.

                       Department of the Treasury


               International Affairs Technical Assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961 (relating 
     to international affairs technical assistance activities), 
     $6,000,000, to remain available until expended, which shall 
     be available notwithstanding any other provision of law.


                           debt restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to parts IV and V 
     of the Foreign Assistance Act of 1961, and of modifying 
     concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended, and concessional loans, guarantees and credit 
     agreements, as authorized under section 572 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1989 (Public Law 100-461), and of 
     canceling amounts owed, as a result of loans or guarantees 
     made pursuant to the Export-Import Bank Act of 1945, by 
     countries that are eligible for debt reduction pursuant to 
     title V of H.R. 3425 as enacted into law by section 
     1000(a)(5) of Public Law 106-113, $235,000,000, to remain 
     available until expended: Provided, That not less than 
     $11,000,000 of the funds appropriated under this heading 
     shall be made available to carry out the provisions of part V 
     of the Foreign Assistance Act of 1961, and up to $14,000,000 
     of unobligated balance of funds available under this heading 
     from prior year appropriations acts should be made available 
     to carry out such provisions: Provided further, That funds 
     appropriated or otherwise made available under this heading 
     in this Act may be used by the Secretary of the Treasury to 
     pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund 
     administered by the International Bank for Reconstruction and 
     Development amounts for the benefit of countries that are 
     eligible for debt reduction pursuant to title V of H.R. 3425 
     as enacted into law

[[Page S11136]]

     by section 1000(a)(5) of Public Law 106-113: Provided 
     further, That amounts paid to the HIPC Trust Fund may be used 
     only to fund debt reduction under the enhanced HIPC 
     initiative by--
       (1) the Inter-American Development Bank;
       (2) the African Development Fund;
       (3) the African Development Bank; and
       (4) the Central American Bank for Economic Integration:

     Provided further, That funds may not be paid to the HIPC 
     Trust Fund for the benefit of any country if the Secretary of 
     State has credible evidence that the government of such 
     country is engaged in a consistent pattern of gross 
     violations of internationally recognized human rights or in 
     military or civil conflict that undermines its ability to 
     develop and implement measures to alleviate poverty and to 
     devote adequate human and financial resources to that end: 
     Provided further, That on the basis of final appropriations, 
     the Secretary of the Treasury shall consult with the 
     Committees on Appropriations concerning which countries and 
     international financial institutions are expected to benefit 
     from a United States contribution to the HIPC Trust Fund 
     during the fiscal year: Provided further, That the Secretary 
     of the Treasury shall inform the Committees on Appropriations 
     not less than 15 days in advance of the signature of an 
     agreement by the United States to make payments to the HIPC 
     Trust Fund of amounts for such countries and institutions: 
     Provided further, That the Secretary of the Treasury may 
     disburse funds designated for debt reduction through the HIPC 
     Trust Fund only for the benefit of countries that--
       (a) have committed, for a period of 24 months, not to 
     accept new market-rate loans from the international financial 
     institution receiving debt repayment as a result of such 
     disbursement, other than loans made by such institution to 
     export-oriented commercial projects that generate foreign 
     exchange which are generally referred to as ``enclave'' 
     loans; and
       (b) have documented and demonstrated their commitment to 
     redirect their budgetary resources from international debt 
     repayments to programs to alleviate poverty and promote 
     economic growth that are additional to or expand upon those 
     previously available for such purposes:

     Provided further, That any limitation of subsection (e) of 
     section 411 of the Agricultural Trade Development and 
     Assistance Act of 1954 shall not apply to funds appropriated 
     under this heading: Provided further, That none of the funds 
     made available under this heading in this or any other 
     appropriations Acts shall be made available for Sudan or 
     Burma unless the Secretary of Treasury determines and 
     notifies the Committees on Appropriations that a 
     democratically elected government has taken office: Provided 
     further, That the authority provided by section 572 of Public 
     Law 100-461 may be exercised only with respect to countries 
     that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $75,000,000, of which up to $5,000,000 may remain available 
     until expended: Provided, That the civilian personnel for 
     whom military education and training may be provided under 
     this heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights: Provided further, That funds 
     appropriated under this heading for military education and 
     training for Zimbabwe, Indonesia and Guatemala may only be 
     available for expanded international military education and 
     training and funds made available for Zimbabwe, Cote 
     D'Ivoire, The Gambia, the Democratic Republic of the Congo, 
     Algeria, Indonesia and Guatemala may only be provided through 
     the regular notification procedures of the Committees on 
     Appropriations: Provided further, That of the funds 
     appropriated by this paragraph, not less than $600,000 shall 
     be made available for assistance for Armenia.


                   foreign military financing program

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $3,674,000,000: Provided, That of the funds 
     appropriated under this heading, not less than $2,040,000,000 
     shall be available for grants only for Israel, and not less 
     than $1,300,000,000 shall be made available for grants only 
     for Egypt: Provided further, That the funds appropriated by 
     this paragraph for Israel shall be disbursed within 30 days 
     of the enactment of this Act or by October 31, 2001, 
     whichever is later: Provided further, That to the extent that 
     the Government of Israel requests that funds be used for such 
     purposes, grants made available for Israel by this paragraph 
     shall, as agreed by Israel and the United States, be 
     available for advanced weapons systems, of which not less 
     than $535,000,000 shall be available for the procurement in 
     Israel of defense articles and defense services, including 
     research and development: Provided further, That of the funds 
     appropriated by this paragraph, not less than $75,000,000 
     shall be made available for assistance for Jordan: Provided 
     further, That of the funds appropriated by this paragraph, 
     not less than $10,000,000 shall be made available for 
     assistance for Tunisia: Provided further, That of the funds 
     appropriated by this paragraph, not less than $2,300,000 
     shall be made available for assistance for Thailand: Provided 
     further, That of the funds appropriated by this paragraph, 
     not less than $4,000,000 shall be made available for 
     assistance for Armenia: Provided further, That during fiscal 
     year 2002, the President is authorized to, and shall, direct 
     the draw-downs of defense articles from the stocks of the 
     Department of Defense, defense services of the Department of 
     Defense, and military education and training of an aggregate 
     value of not less than $5,000,000 under the authority of this 
     proviso for Tunisia for the purposes of part II of the 
     Foreign Assistance Act of 1961 and any amount so directed 
     shall count toward meeting the earmark in the preceding 
     proviso: Provided further, That funds appropriated by this 
     paragraph shall be nonrepayable notwithstanding any 
     requirement in section 23 of the Arms Export Control Act: 
     Provided further, That funds made available under this 
     paragraph shall be obligated upon apportionment in accordance 
     with paragraph (5)(C) of title 31, United States Code, 
     section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 515 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for assistance for Sudan and 
     Liberia: Provided further, That funds made available under 
     this heading may be used, notwithstanding any other provision 
     of law, for demining, the clearance of unexploded ordnance, 
     and related activities, and may include activities 
     implemented through nongovernmental and international 
     organizations: Provided further, That none of the funds 
     appropriated under this heading shall be available for 
     assistance for Guatemala: Provided further, That only those 
     countries for which assistance was justified for the 
     ``Foreign Military Sales Financing Program'' in the fiscal 
     year 1989 congressional presentation for security assistance 
     programs may utilize funds made available under this heading 
     for procurement of defense articles, defense services or 
     design and construction services that are not sold by the 
     United States Government under the Arms Export Control Act: 
     Provided further, That funds appropriated under this heading 
     shall be expended at the minimum rate necessary to make 
     timely payment for defense articles and services: Provided 
     further, That not more than $35,000,000 of the funds 
     appropriated under this heading may be obligated for 
     necessary expenses, including the purchase of passenger motor 
     vehicles for replacement only for use outside of the United 
     States, for the general costs of administering military 
     assistance and sales: Provided further, That not more than 
     $348,000,000 of funds realized pursuant to section 
     21(e)(1)(A) of the Arms Export Control Act may be obligated 
     for expenses incurred by the Department of Defense during 
     fiscal year 2002 pursuant to section 43(b) of the Arms Export 
     Control Act, except that this limitation may be exceeded only 
     through the regular notification procedures of the Committees 
     on Appropriations: Provided further, That foreign military 
     financing program funds estimated to be outlayed for Egypt 
     during fiscal year 2002 shall be transferred to an interest 
     bearing account for Egypt in the Federal Reserve Bank of New 
     York within 30 days of enactment of this Act or by October 
     31, 2001, whichever is later: Provided further, That the 
     ninth proviso under the heading ``Foreign Military Financing 
     Program'' in title III of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2001, as 
     enacted by Public Law 106-429, is amended by inserting ``or 
     2002'' after ``2001''.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $140,000,000: Provided, That none of the funds appropriated 
     under this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  international financial institutions

                      global environment facility

       For the United States contribution for the Global 
     Environment Facility, $109,500,000, to the International Bank 
     for Reconstruction and Development as trustee for the Global 
     Environment Facility, by the Secretary of the Treasury, to 
     remain available until expended.


       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $775,000,000, to remain 
     available until expended: Provided, That in negotiating 
     United States participation in the next replenishment of the 
     International Development Association, the Secretary of the 
     Treasury shall accord high priority to providing the 
     International Development Association with the policy 
     flexibility to provide new grant assistance to countries 
     eligible for debt reduction under the enhanced HIPC 
     Initiative: Provided further, That the Secretary of the 
     Treasury shall instruct the United States executive director 
     to the International Bank for Reconstruction and Development 
     to vote against any water or sewage project in India that 
     does not prohibit the use of scavenger labor.

[[Page S11137]]

              limitation on callable capital subscriptions

       The United States Governor of the Multilateral Investment 
     Guarantee Agency may subscribe without fiscal year limitation 
     for the callable capital portion of the United States share 
     of such capital stock in an amount not to exceed $50,000,000.


       Contribution to the Inter-American Investment Corporation

       For payment to the Inter-American Investment Corporation, 
     by the Secretary of the Treasury, $20,000,000, for the United 
     States share of the increase in subscriptions to capital 
     stock, to remain available until expended.


               CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended, $103,017,050, to remain available until 
     expended.


              Contribution to the African Development Bank

       For payment to the African Development Bank by the 
     Secretary of the Treasury, $5,100,000, for the United States 
     paid-in share of the increase in capital stock, to remain 
     available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without fiscal year limitation for the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $79,991,500.


              contribution to the african development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $100,000,000, to remain available until 
     expended.


  contribution to the european bank for reconstruction and development

       For payment to the European Bank for Reconstruction and 
     Development by the Secretary of the Treasury, $35,778,717, 
     for the United States share of the paid-in portion of the 
     increase in capital stock, to remain available until 
     expended.


              limitation on callable capital subscriptions

       The United States Governor of the European Bank for 
     Reconstruction and Development may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of such capital stock in an amount not to exceed 
     $123,237,803.

  contribution to the international fund for agricultural development

       For the United States contribution by the Secretary of the 
     Treasury to increase the resources of the International Fund 
     for Agricultural Development, $20,000,000, to remain 
     available until expended.

                International Organizations and Programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $218,000,000: Provided, That not 
     less than a total of $18,000,000 should be made available for 
     the International Panel on Climate Change, the United Nations 
     Framework Convention on Climate Change, the World 
     Conservation Union, the International Tropical Timber 
     Organization, the Convention on International Trade in 
     Endangered Species, the Ramsar Convention on Wetlands, the 
     Convention to Combat Desertification, the United Nations 
     Forum on Forests, and the Montreal Process on Criteria and 
     Indicators for Sustainable Forest Management: Provided 
     further, That not less than $6,000,000 should be made 
     available to the World Food Program: Provided further, That 
     of the funds appropriated under this heading, not less than 
     $40,000,000 shall be made available for the United Nations 
     Fund for Population Activities (UNFPA): Provided further, 
     That none of the funds appropriated under this heading that 
     are made available to UNFPA shall be made available for 
     activities in the People's Republic of China: Provided 
     further, That with respect to any funds appropriated under 
     this heading that are made available to UNFPA, UNFPA shall be 
     required to maintain such funds in a separate account and not 
     commingle them with any other funds: Provided further, That 
     none of the funds appropriated under this heading may be made 
     available to the Korean Peninsula Energy Development 
     Organization (KEDO) or the International Atomic Energy Agency 
     (IAEA).

                      TITLE V--GENERAL PROVISIONS


             obligations during last month of availability

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


                  private and voluntary organizations

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


                    limitation on residence expenses

       Sec. 503. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $126,500 shall be for 
     official residence expenses of the United States Agency for 
     International Development during the current fiscal year: 
     Provided, That appropriate steps shall be taken to assure 
     that, to the maximum extent possible, United States-owned 
     foreign currencies are utilized in lieu of dollars.


                         limitation on expenses

       Sec. 504. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $5,000 shall be for 
     entertainment expenses of the United States Agency for 
     International Development during the current fiscal year.


               limitation on representational allowances

       Sec. 505. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $95,000 shall be 
     available for representation allowances for the United States 
     Agency for International Development during the current 
     fiscal year: Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars: Provided further, That of the funds made available 
     by this Act for general costs of administering military 
     assistance and sales under the heading ``Foreign Military 
     Financing Program'', not to exceed $2,000 shall be available 
     for entertainment expenses and not to exceed $100,000 shall 
     be available for representation allowances: Provided further, 
     That of the funds made available by this Act under the 
     heading ``International Military Education and Training'', 
     not to exceed $50,000 shall be available for entertainment 
     allowances: Provided further, That of the funds made 
     available by this Act for the Inter-American Foundation, not 
     to exceed $2,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act for the Peace Corps, not to 
     exceed a total of $4,000 shall be available for entertainment 
     expenses: Provided further, That of the funds made available 
     by this Act under the heading ``Trade and Development 
     Agency'', not to exceed $2,000 shall be available for 
     representation and entertainment allowances.


                 prohibition on financing nuclear goods

       Sec. 506. None of the funds appropriated or made available 
     (other than funds for ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'') pursuant to this Act, for 
     carrying out the Foreign Assistance Act of 1961, may be used, 
     except for purposes of nuclear safety, to finance the export 
     of nuclear equipment, fuel, or technology.


        prohibition against direct funding for certain countries

       Sec. 507. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance or reparations to Cuba, 
     Iraq, Libya, North Korea, Iran, Sudan, or Syria, or to the 
     government of any nation which the President determines 
     harbored or is harboring, or provided or is providing 
     financing for, individuals or organizations involved in the 
     September 11, 2001 terrorist attacks in the United States: 
     Provided, That for purposes of this section, the prohibition 
     on obligations or expenditures shall include direct loans, 
     credits, insurance and guarantees of the Export-Import Bank 
     or its agents.


                             military coups

       Sec. 508. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance to any country whose duly 
     elected head of government is deposed by decree or military 
     coup: Provided, That assistance may be resumed to such 
     country if the President determines and reports to the 
     Committees on Appropriations that subsequent to the 
     termination of assistance a democratically elected government 
     has taken office.


                       transfers between accounts

       Sec. 509. None of the funds made available by this Act may 
     be obligated under an appropriation account to which they 
     were not appropriated, except for transfers specifically 
     provided for in this Act, unless the President, prior to the 
     exercise of any authority contained in the Foreign Assistance 
     Act of 1961 to transfer funds, consults with and provides a 
     written policy justification to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.


                  deobligation/reobligation authority

       Sec. 510. Obligated balances of funds appropriated to carry 
     out section 23 of the Arms Export Control Act as of the end 
     of the fiscal year immediately preceding the current fiscal 
     year are, if deobligated, hereby continued available during 
     the current fiscal year for the same purpose under any 
     authority applicable to such appropriations under this Act: 
     Provided, That the authority of this subsection may not be 
     used in fiscal year 2002.


                         availability of funds

       Sec. 511. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     667, chapter 4 of part II of the Foreign Assistance Act of 
     1961, as amended, section 23 of

[[Page S11138]]

     the Arms Export Control Act, and funds provided under the 
     heading ``Assistance for Eastern Europe and the Baltic 
     States'', shall remain available for an additional four years 
     from the date on which the availability of such funds would 
     otherwise have expired, if such funds are initially obligated 
     before the expiration of their respective periods of 
     availability contained in this Act: Provided further, That, 
     notwithstanding any other provision of this Act, any funds 
     made available for the purposes of chapter 1 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     which are allocated or obligated for cash disbursements in 
     order to address balance of payments or economic policy 
     reform objectives, shall remain available until expended.


            limitation on assistance to countries in default

       Sec. 512. No part of any appropriation contained in this 
     Act shall be used to furnish assistance to any country which 
     is in default during a period in excess of one calendar year 
     in payment to the United States of principal or interest on 
     any loan made to the government of such country by the United 
     States pursuant to a program for which funds are appropriated 
     under this Act unless the President determines, following 
     consultations with the Committees on Appropriations, that 
     assistance to such country is in the national interest of the 
     United States.


                           commerce and trade

       Sec. 513. (a) None of the funds appropriated or made 
     available pursuant to this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act to 
     the Export-Import Bank and the Overseas Private Investment 
     Corporation shall be obligated or expended to finance any 
     loan, any assistance or any other financial commitments for 
     establishing or expanding production of any commodity for 
     export by any country other than the United States, if the 
     commodity is likely to be in surplus on world markets at the 
     time the resulting productive capacity is expected to become 
     operative and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity: Provided, That such prohibition shall not apply to 
     the Export-Import Bank if in the judgment of its Board of 
     Directors the benefits to industry and employment in the 
     United States are likely to outweigh the injury to United 
     States producers of the same, similar, or competing 
     commodity, and the Chairman of the Board so notifies the 
     Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact in the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.


                          surplus commodities

       Sec. 514. The Secretary of the Treasury shall instruct the 
     United States Executive Directors of the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions, using 
     funds appropriated or made available pursuant to this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                       notification requirements

       Sec. 515. (a) For the purposes of providing the executive 
     branch with the necessary administrative flexibility, none of 
     the funds made available under this Act for ``Child Survival 
     and Health Programs Fund'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Andean Counterdrug Initiative'', 
     ``Assistance for Eastern Europe and the Baltic States'', 
     ``Assistance for the Independent States of the Former Soviet 
     Union'', ``Economic Support Fund'', ``Peacekeeping 
     Operations'', ``Operating Expenses of the United States 
     Agency for International Development'', ``Operating Expenses 
     of the United States Agency for International Development 
     Office of Inspector General'', ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'', ``Foreign 
     Military Financing Program'', ``International Military 
     Education and Training'', ``Peace Corps'', and ``Migration 
     and Refugee Assistance'', shall be available for obligation 
     for activities, programs, projects, type of materiel 
     assistance, countries, or other operations not justified or 
     in excess of the amount justified to the Appropriations 
     Committees for obligation under any of these specific 
     headings unless the Appropriations Committees of both Houses 
     of Congress are previously notified 15 days in advance: 
     Provided, That the President shall not enter into any 
     commitment of funds appropriated for the purposes of section 
     23 of the Arms Export Control Act for the provision of major 
     defense equipment, other than conventional ammunition, or 
     other major defense items defined to be aircraft, ships, 
     missiles, or combat vehicles, not previously justified to 
     Congress or 20 percent in excess of the quantities justified 
     to Congress unless the Committees on Appropriations are 
     notified 15 days in advance of such commitment: Provided 
     further, That this section shall not apply to any 
     reprogramming for an activity, program, or project under 
     chapter 1 of part I of the Foreign Assistance Act of 1961 of 
     less than 10 percent of the amount previously justified to 
     the Congress for obligation for such activity, program, or 
     project for the current fiscal year: Provided further, That 
     the requirements of this section or any similar provision of 
     this Act or any other Act, including any prior Act requiring 
     notification in accordance with the regular notification 
     procedures of the Committees on Appropriations, may be waived 
     if failure to do so would pose a substantial risk to human 
     health or welfare: Provided further, That in case of any such 
     waiver, notification to the Congress, or the appropriate 
     congressional committees, shall be provided as early as 
     practicable, but in no event later than 3 days after taking 
     the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver: Provided further, That any notification provided 
     pursuant to such a waiver shall contain an explanation of the 
     emergency circumstances.
       (b) Drawdowns made pursuant to section 506(a)(2) of the 
     Foreign Assistance Act of 1961 shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


limitation on availability of funds for international organizations and 
                                programs

       Sec. 516. Subject to the regular notification procedures of 
     the Committees on Appropriations, funds appropriated under 
     this Act or any previously enacted Act making appropriations 
     for foreign operations, export financing, and related 
     programs, which are returned or not made available for 
     organizations and programs because of the implementation of 
     section 307(a) of the Foreign Assistance Act of 1961, shall 
     remain available for obligation until September 30, 2003.


             independent states of the former soviet union

       Sec. 517. (a) None of the funds appropriated under the 
     heading ``Assistance for the Independent States of the Former 
     Soviet Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet 
     Union--
       (1) unless that government is making progress in 
     implementing comprehensive economic reforms based on market 
     principles, private ownership, respect for commercial 
     contracts, and equitable treatment of foreign private 
     investment; and
       (2) if that government applies or transfers United States 
     assistance to any entity for the purpose of expropriating or 
     seizing ownership or control of assets, investments, or 
     ventures.

     Assistance may be furnished without regard to this subsection 
     if the President determines that to do so is in the national 
     interest.
       (b) None of the funds appropriated under the heading 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet Union 
     if that government directs any action in violation of the 
     territorial integrity or national sovereignty of any other 
     Independent State of the former Soviet Union, such as those 
     violations included in the Helsinki Final Act: Provided, That 
     such funds may be made available without regard to the 
     restriction in this subsection if the President determines 
     that to do so is in the national security interest of the 
     United States.
       (c) None of the funds appropriated under the heading 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' shall be made available for any state to enhance its 
     military capability: Provided, That this restriction does not 
     apply to demilitarization, demining or nonproliferation 
     programs.
       (d) Funds appropriated under the heading ``Assistance for 
     the Independent States of the Former Soviet Union'' for the 
     Russian Federation, Armenia, Georgia, and Ukraine shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (e) Funds made available in this Act for assistance for the 
     Independent States of the former Soviet Union shall be 
     subject to the provisions of section 117 (relating to 
     environment and natural resources) of the Foreign Assistance 
     Act of 1961.
       (f) Funds appropriated in this or prior appropriations Acts 
     that are or have been made available for an Enterprise Fund 
     in the Independent States of the Former Soviet Union may be 
     deposited by such Fund in interest-bearing accounts prior to 
     the disbursement of such funds by the Fund for program 
     purposes. The Fund may retain for such program purposes any 
     interest earned on such deposits without returning such 
     interest to the Treasury of the United States and without 
     further appropriation by the Congress. Funds made available 
     for Enterprise Funds shall be expended at the minimum rate 
     necessary to make timely payment for projects and activities.
       (g) In issuing new task orders, entering into contracts, or 
     making grants, with funds appropriated in this Act or prior 
     appropriations Acts under the heading ``Assistance for the 
     Independent States of the Former Soviet Union'' and under 
     comparable headings in prior appropriations Acts, for 
     projects or activities that have as one of their primary 
     purposes the fostering of private sector development, the 
     Coordinator for United States Assistance to the New 
     Independent States and the implementing agency shall 
     encourage the participation of and give

[[Page S11139]]

     significant weight to contractors and grantees who propose 
     investing a significant amount of their own resources 
     (including volunteer services and in-kind contributions) in 
     such projects and activities.


    OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

       Sec. 518. (a) Limitation on Use of Funds by OPIC.--None of 
     the funds made available in this Act may be used by the 
     Overseas Private Investment Corporation to insure, reinsure, 
     guarantee, or finance any investment in connection with a 
     project involving the mining, polishing or other processing, 
     or sale of diamonds in a country that fails to meet the 
     requirements of subsection (c).
       (b) Limitation on Use of Funds by the Export-Import Bank.--
     None of the funds made available in this Act may be used by 
     the Export-Import Bank of the United States to guarantee, 
     insure, extend credit, or participate in an extension of 
     credit in connection with the export of any goods to a 
     country for use in an enterprise involving the mining, 
     polishing or other processing, or sale of diamonds in a 
     country that fails to meet the requirements of subsection 
     (c).
       (c) Requirements.--The requirements referred to in 
     subsection (a) and (b) are that the country concerned is 
     implementing a system of controls on the export and import of 
     rough diamonds that--
       (1) is consistent with United Nations General Assembly 
     Resolution 55/56 adopted on December 1, 2000.
       (2) the President determines to be functionally equivalent 
     to the system of controls specified in subparagraph (1); or
       (3) meets the requirements of an international agreement 
     which requires controls specified in subparagraph (1) and to 
     which the United States is a party.


                 export financing transfer authorities

       Sec. 519. Not to exceed 5 percent of any appropriation 
     other than for administrative expenses made available for 
     fiscal year 2002, for programs under title I of this Act may 
     be transferred between such appropriations for use for any of 
     the purposes, programs, and activities for which the funds in 
     such receiving account may be used, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 25 percent by any such 
     transfer: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                   special notification requirements

       Sec. 520. None of the funds appropriated by this Act shall 
     be obligated or expended for Burma, Colombia, Haiti, Liberia, 
     Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the 
     Democratic Republic of the Congo except as provided through 
     the regular notification procedures of the Committees on 
     Appropriations.


              definition of program, project, and activity

       Sec. 521. For the purpose of this Act, ``program, project, 
     and activity'' shall be defined at the appropriations Act 
     account level and shall include all appropriations and 
     authorizations Acts earmarks, ceilings, and limitations with 
     the exception that for the following accounts: Economic 
     Support Fund and Foreign Military Financing Program, 
     ``program, project, and activity'' shall also be considered 
     to include country, regional, and central program level 
     funding within each such account; for the development 
     assistance accounts of the United States Agency for 
     International Development ``program, project, and activity'' 
     shall also be considered to include central program level 
     funding, either as: (1) justified to the Congress; or (2) 
     allocated by the executive branch in accordance with a 
     report, to be provided to the Committees on Appropriations 
     within 30 days of the enactment of this Act, as required by 
     section 653(a) of the Foreign Assistance Act of 1961.


                  child survival and health activities

       Sec. 522. Up to $15,500,000 of the funds made available by 
     this Act for assistance under the heading ``Child Survival 
     and Health Programs Fund'', may be used to reimburse United 
     States Government agencies, agencies of State governments, 
     institutions of higher learning, and private and voluntary 
     organizations for the full cost of individuals (including for 
     the personal services of such individuals) detailed or 
     assigned to, or contracted by, as the case may be, the United 
     States Agency for International Development for the purpose 
     of carrying out activities under that heading: Provided, That 
     up to $3,500,000 of the funds made available by this Act for 
     assistance under the heading ``Development Assistance'' may 
     be used to reimburse such agencies, institutions, and 
     organizations for such costs of such individuals carrying out 
     other development assistance activities: Provided further, 
     That funds appropriated by this Act that are made available 
     for child survival activities or disease programs including 
     activities relating to research on, and the prevention, 
     treatment and control of, HIV/AIDS may be made available 
     notwithstanding any other provision of law: Provided further, 
     That funds appropriated under title II of this Act may be 
     made available pursuant to section 301 of the Foreign 
     Assistance Act of 1961 if a primary purpose of the assistance 
     is for child survival and related programs.


       prohibition against indirect funding to certain countries

       Sec. 523. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated to finance 
     indirectly any assistance or reparations to Cuba, Iraq, 
     Libya, Iran, Syria, North Korea, or Sudan, or to the 
     government of any nation which the President determines 
     harbored or is harboring, or provided or is providing 
     financing for, individuals or organizations involved in the 
     September 11, 2001 terrorist attacks in the United States, 
     unless the President of the United States certifies that the 
     withholding of these funds is contrary to the national 
     interest of the United States.


                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

       Sec. 524. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as are other committees 
     pursuant to subsection (f) of that section: Provided, That 
     before issuing a letter of offer to sell excess defense 
     articles under the Arms Export Control Act, the Department of 
     Defense shall notify the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees if such defense articles are significant military 
     equipment (as defined in section 47(9) of the Arms Export 
     Control Act) or are valued (in terms of original acquisition 
     cost) at $7,000,000 or more, or if notification is required 
     elsewhere in this Act for the use of appropriated funds for 
     specific countries that would receive such excess defense 
     articles: Provided further, That such Committees shall also 
     be informed of the original acquisition cost of such defense 
     articles.


                       AUTHORIZATION REQUIREMENT

       Sec. 525. Funds appropriated by this Act, except funds 
     appropriated under the headings ``Peace Corps'' and ``Trade 
     and Development Agency'', may be obligated and expended 
     notwithstanding section 10 of Public Law 91-672 and section 
     15 of the State Department Basic Authorities Act of 1956.


                           democracy programs

       Sec. 526. Funds appropriated by this Act that are provided 
     to the National Endowment for Democracy may be made available 
     notwithstanding any other provision of law or regulation: 
     Provided, That notwithstanding any other provision of law, of 
     the funds appropriated by this Act to carry out provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     not less than $10,000,000 shall be made available for 
     assistance for the People's Republic of China for activities 
     to support democracy, human rights, and the rule of law in 
     that country, of which not less than $5,000,000 should be 
     made available for the Human Rights and Democracy Fund of the 
     Bureau of Democracy, Human Rights and Labor, Department of 
     State, for such activities, and of which not to exceed 
     $2,500,000 may be made available to nongovernmental 
     organizations located outside the People's Republic of China 
     to support activities which preserve cultural traditions and 
     promote sustainable development and environmental 
     conservation in Tibetan communities in Tibet: Provided 
     further, That notwithstanding any other provision of law or 
     regulation, funds appropriated by this or any other Act 
     making appropriations pursuant to part I of the Foreign 
     Assistance Act of 1961 that are available for the United 
     States-Asia Environmental Partnership, may be made available 
     for activities in the People's Republic of China: Provided 
     further, That funds made available pursuant to the authority 
     of this section for programs, projects, and activities in the 
     People's Republic of China shall be subject to the regular 
     notification procedures of the Committees on Appropriations.


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

       Sec. 527. (a) Funds appropriated for bilateral assistance 
     under any heading of this Act and funds appropriated under 
     any such heading in a provision of law enacted prior to the 
     enactment of this Act, shall not be made available to any 
     country which the President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least 15 days before the waiver takes effect, shall 
     notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.


                          DEBT-FOR-DEVELOPMENT

       Sec. 528. In order to enhance the continued participation 
     of nongovernmental organizations in economic assistance 
     activities under the Foreign Assistance Act of 1961, 
     including endowments, debt-for-development and debt-for-
     nature exchanges, a nongovernmental organization which is a 
     grantee or contractor of the United States Agency for 
     International Development may place in interest bearing 
     accounts funds made available under this Act or prior Acts or 
     local currencies which accrue to that organization as a 
     result of economic assistance provided under title II of this 
     Act and any interest earned on such investment shall be used 
     for the purpose for which the assistance was provided to that 
     organization.


                           SEPARATE ACCOUNTS

       Sec. 529. (a) Separate Accounts for Local Currencies.--(1) 
     If assistance is furnished to the government of a foreign 
     country under chapters 1 and 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and

[[Page S11140]]

       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of Local Currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming Accountability.--The United States Agency 
     for International Development shall take all necessary steps 
     to ensure that the equivalent of the local currencies 
     disbursed pursuant to subsection (a)(2)(A) from the separate 
     account established pursuant to subsection (a)(1) are used 
     for the purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of Assistance Programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II (as the case may be), any unencumbered 
     balances of funds which remain in a separate account 
     established pursuant to subsection (a) shall be disposed of 
     for such purposes as may be agreed to by the government of 
     that country and the United States Government.
       (5) Reporting Requirement.--The Administrator of the United 
     States Agency for International Development shall report on 
     an annual basis as part of the justification documents 
     submitted to the Committees on Appropriations on the use of 
     local currencies for the administrative requirements of the 
     United States Government as authorized in subsection 
     (a)(2)(B), and such report shall include the amount of local 
     currency (and United States dollar equivalent) used and/or to 
     be used for such purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--(1) If 
     assistance is made available to the government of a foreign 
     country, under chapter 1 or 10 of part I or chapter 4 of part 
     II of the Foreign Assistance Act of 1961, as cash transfer 
     assistance or as nonproject sector assistance, that country 
     shall be required to maintain such funds in a separate 
     account and not commingle them with any other funds.
       (2) Applicability of Other Provisions of Law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


  compensation for united states executive directors to international 
                         financial institutions

       Sec. 530. (a) No funds appropriated by this Act may be made 
     as payment to any international financial institution while 
     the United States Executive Director to such institution is 
     compensated by the institution at a rate which, together with 
     whatever compensation such Director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) For purposes of this section, ``international financial 
     institutions'' are: the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


         compliance with united nations sanctions against iraq

       Sec. 531. None of the funds appropriated or otherwise made 
     available pursuant to this Act to carry out the Foreign 
     Assistance Act of 1961 (including title IV of chapter 2 of 
     part I, relating to the Overseas Private Investment 
     Corporation) or the Arms Export Control Act may be used to 
     provide assistance to any country that is not in compliance 
     with the United Nations Security Council sanctions against 
     Iraq unless the President determines and so certifies to the 
     Congress that--
       (1) such assistance is in the national interest of the 
     United States;
       (2) such assistance will directly benefit the needy people 
     in that country; or
       (3) the assistance to be provided will be humanitarian 
     assistance for foreign nationals who have fled Iraq and 
     Kuwait.


  authorities for the peace corps, international fund for agriculture 
    development, inter-american foundation and african development 
                               foundation

       Sec. 532. (a) Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for foreign operations, export financing, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act. The agency shall promptly report to the 
     Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.
       (b) Unless expressly provided to the contrary, limitations 
     on the availability of funds for ``International 
     Organizations and Programs'' in this or any other Act, 
     including prior appropriations Acts, shall not be construed 
     to be applicable to the International Fund for Agriculture 
     Development.


                  impact on jobs in the united states

       Sec. 533. None of the funds appropriated by this Act may be 
     obligated or expended to provide--
       (a) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (b) assistance for any project or activity that contributes 
     to the violation of internationally recognized workers 
     rights, as defined in section 502(a)(4) of the Trade Act of 
     1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That in 
     recognition that the application of this subsection should be 
     commensurate with the level of development of the recipient 
     country and sector, the provisions of this subsection shall 
     not preclude assistance for the informal sector in such 
     country, micro and small-scale enterprise, and smallholder 
     agriculture.


                          special authorities

       Sec. 534. (a) Afghanistan, Lebanon, Montenegro, Victims of 
     War, Displaced Children, and Displaced Burmese.--Funds 
     appropriated in titles I and II of this Act that are made 
     available for Afghanistan, Lebanon, Montenegro, and for 
     victims of war, displaced children, and displaced Burmese, 
     may be made available notwithstanding any other provision of 
     law: Provided, That any such funds that are made available 
     for Cambodia shall be subject to the provisions of section 
     531(e) of the Foreign Assistance Act of 1961 and section 906 
     of the International Security and Development Cooperation Act 
     of 1985.
       (b) Tropical Forestry and Biodiversity Conservation 
     Activities.--Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106, and chapter 4 of part 
     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law, for the purpose 
     of supporting tropical forestry and biodiversity conservation 
     activities and energy programs aimed at reducing greenhouse 
     gas emissions: Provided, That such assistance shall be 
     subject to sections 116, 502B, and 620A of the Foreign 
     Assistance Act of 1961.
       (c) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by the United States 
     Agency for International Development to employ up to 25 
     personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities and managed by the agency 
     until permanent direct hire personnel are hired and trained: 
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office: Provided further, That such 
     funds appropriated to carry out the Foreign Assistance Act of 
     1961 may be made available for personal services contractors 
     assigned only to the Office of Health and Nutrition; the 
     Office of Procurement; the Bureau for Africa; the Bureau for 
     Latin America and the Caribbean; the Bureau for Asia and the 
     Near East; and for the Global Development Alliance 
     initiative: Provided further, That such funds appropriated to 
     carry out title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be made available only for 
     personal services contractors assigned to the Office of Food 
     for Peace.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of Application of Waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (e) Special Authority.--During fiscal year 2002, the 
     President may use up to $35,000,000 under the authority of 
     section 451 of the Foreign Assistance Act, notwithstanding 
     the funding ceiling in section 451(a).
       (f) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under

[[Page S11141]]

     such contracts when the order is placed with any category of 
     small or small disadvantaged business.


policy on terminating the arab league boycott of israel and normalizing 
                         relations with israel

       Sec. 535. It is the sense of the Congress that--
       (1) the Arab League countries should immediately and 
     publicly renounce the primary boycott of Israel and the 
     secondary and tertiary boycott of American firms that have 
     commercial ties with Israel and should normalize their 
     relations with Israel;
       (2) the decision by the Arab League in 1997 to reinstate 
     the boycott against Israel was deeply troubling and 
     disappointing;
       (3) the fact that only three Arab countries maintain full 
     diplomatic relations with Israel is also of deep concern;
       (4) the Arab League should immediately rescind its decision 
     on the boycott and its members should develop normal 
     relations with their neighbor Israel; and
       (5) the President should--
       (A) take more concrete steps to encourage vigorously Arab 
     League countries to renounce publicly the primary boycotts of 
     Israel and the secondary and tertiary boycotts of American 
     firms that have commercial relations with Israel and to 
     normalize their relations with Israel;
       (B) take into consideration the participation of any 
     recipient country in the primary boycott of Israel and the 
     secondary and tertiary boycotts of American firms that have 
     commercial relations with Israel when determining whether to 
     sell weapons to said country;
       (C) report to Congress annually on the specific steps being 
     taken by the United States and the progress achieved to bring 
     about a public renunciation of the Arab primary boycott of 
     Israel and the secondary and tertiary boycotts of American 
     firms that have commercial relations with Israel and to 
     expand the process of normalizing ties between Arab League 
     countries and Israel; and
       (D) encourage the allies and trading partners of the United 
     States to enact laws prohibiting businesses from complying 
     with the boycott and penalizing businesses that do comply.


                  administration of justice activities

       Sec. 536. Of the funds appropriated or otherwise made 
     available by this Act for ``Economic Support Fund'', 
     assistance may be provided to strengthen the administration 
     of justice in countries in Latin America and the Caribbean 
     and in other regions consistent with the provisions of 
     section 534(b) of the Foreign Assistance Act of 1961, except 
     that programs to enhance protection of participants in 
     judicial cases may be conducted notwithstanding section 660 
     of that Act. Funds made available pursuant to this section 
     may be made available notwithstanding section 534(c) and the 
     second and third sentences of section 534(e) of the Foreign 
     Assistance Act of 1961.


                       eligibility for assistance

       Sec. 537. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Eastern Europe and the Baltic States'': 
     Provided, That the President shall take into consideration, 
     in any case in which a restriction on assistance would be 
     applicable but for this subsection, whether assistance in 
     support of programs of nongovernmental organizations is in 
     the national interest of the United States: Provided further, 
     That before using the authority of this subsection to furnish 
     assistance in support of programs of nongovernmental 
     organizations, the President shall notify the Committees on 
     Appropriations under the regular notification procedures of 
     those committees, including a description of the program to 
     be assisted, the assistance to be provided, and the reasons 
     for furnishing such assistance: Provided further, That 
     nothing in this subsection shall be construed to alter any 
     existing statutory prohibitions against abortion or 
     involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2002, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.


                                earmarks

       Sec. 538. (a) Funds appropriated by this Act which are 
     earmarked may be reprogrammed for other programs within the 
     same account notwithstanding the earmark if compliance with 
     the earmark is made impossible by operation of any provision 
     of this or any other Act: Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development that are 
     earmarked for particular programs or activities by this or 
     any other Act shall be extended for an additional fiscal year 
     if the Administrator of such agency determines and reports 
     promptly to the Committees on Appropriations that the 
     termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such earmarked 
     funds can be obligated during the original period of 
     availability: Provided, That such earmarked funds that are 
     continued available for an additional fiscal year shall be 
     obligated only for the purpose of such earmark.


                         ceilings and earmarks

       Sec. 539. Ceilings and earmarks contained in this Act shall 
     not be applicable to funds or authorities appropriated or 
     otherwise made available by any subsequent Act unless such 
     Act specifically so directs. Earmarks or minimum funding 
     requirements contained in any other Act shall not be 
     applicable to funds appropriated by this Act.


                 prohibition on publicity or propaganda

       Sec. 540. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress: Provided, That not to 
     exceed $750,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.


            purchase of american-made equipment and products

       Sec. 541. To the maximum extent practicable, assistance 
     provided under this Act should make full use of American 
     resources, including commodities, products, and services.


           prohibition of payments to united nations members

       Sec. 542. None of the funds appropriated or made available 
     pursuant to this Act for carrying out the Foreign Assistance 
     Act of 1961, may be used to pay in whole or in part any 
     assessments, arrearages, or dues of any member of the United 
     Nations or, from funds appropriated by this Act to carry out 
     chapter 1 of part I of the Foreign Assistance Act of 1961, 
     the costs for participation of another country's delegation 
     at international conferences held under the auspices of 
     multilateral or international organizations.


              nongovernmental organizations--documentation

       Sec. 543. None of the funds appropriated or made available 
     pursuant to this Act shall be available to a nongovernmental 
     organization which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.


  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

       Sec. 544. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     6(j) of the Export Administration Act. The prohibition under 
     this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver of subsection (b) is exercised, the 
     President shall submit to the appropriate congressional 
     committees a report with respect to the furnishing of such 
     assistance. Any such report shall include a detailed 
     explanation of the assistance to be provided, including the 
     estimated dollar amount of such assistance, and an 
     explanation of how the assistance furthers United States 
     national interests.


 withholding of assistance for parking fines owed by foreign countries

       Sec. 545. (a) In General.--Of the funds made available for 
     a foreign country under part I of the Foreign Assistance Act 
     of 1961, an amount equivalent to 110 percent of the total 
     unpaid fully adjudicated parking fines and penalties owed to 
     the District of Columbia and New York City, New York by such 
     country as of the date of the enactment of this Act shall be 
     withheld from obligation for such country until the Secretary 
     of State certifies and reports in writing to the appropriate 
     congressional committees that such fines and penalties are 
     fully paid to the governments of the District of Columbia and 
     New York City, New York.
       (b) Definition.--For purposes of this section, the term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.


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

       Sec. 546. None of the funds appropriated by this Act may be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza unless the President 
     has exercised the authority under section 604(a) of the 
     Middle East Peace Facilitation Act of 1995 (title VI of 
     Public Law 104-107) or any other legislation to suspend or 
     make inapplicable section 307

[[Page S11142]]

     of the Foreign Assistance Act of 1961 and that suspension is 
     still in effect: Provided, That if the President fails to 
     make the certification under section 604(b)(2) of the Middle 
     East Peace Facilitation Act of 1995 or to suspend the 
     prohibition under other legislation, funds appropriated by 
     this Act may not be obligated for assistance for the 
     Palestine Liberation Organization for the West Bank and Gaza.


                     war crimes tribunals drawdown

       Sec. 547. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961, as amended, of up to 
     $35,000,000 of commodities and services for the United 
     Nations War Crimes Tribunal established with regard to the 
     former Yugoslavia by the United Nations Security Council or 
     such other tribunals or commissions as the Council may 
     establish or authorize to deal with such violations, without 
     regard to the ceiling limitation contained in paragraph (2) 
     thereof: Provided, That the determination required under this 
     section shall be in lieu of any determinations otherwise 
     required under section 552(c): Provided further, That funds 
     made available for tribunals other than Yugoslavia or Rwanda 
     shall be made available subject to the regular notification 
     procedures of the Committees on Appropriations.


                               landmines

       Sec. 548. Notwithstanding any other provision of law, 
     demining equipment available to the United States Agency for 
     International Development and the Department of State and 
     used in support of the clearance of landmines and unexploded 
     ordnance for humanitarian purposes may be disposed of on a 
     grant basis in foreign countries, subject to such terms and 
     conditions as the President may prescribe: Provided, That 
     section 1365(c) of the National Defense Authorization Act for 
     Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note) 
     is amended by striking ``During the 11-year period beginning 
     on October 23, 1992'' and inserting ``During the 16-year 
     period beginning on October 23, 1992''.


           restrictions concerning the palestinian authority

       Sec. 549. None of the funds appropriated by this Act may be 
     obligated or expended to create in any part of Jerusalem a 
     new office of any department or agency of the United States 
     Government for the purpose of conducting official United 
     States Government business with the Palestinian Authority 
     over Gaza and Jericho or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles: Provided, That this restriction shall not apply 
     to the acquisition of additional space for the existing 
     Consulate General in Jerusalem: Provided further, That 
     meetings between officers and employees of the United States 
     and officials of the Palestinian Authority, or any successor 
     Palestinian governing entity provided for in the Israel-PLO 
     Declaration of Principles, for the purpose of conducting 
     official United States Government business with such 
     authority should continue to take place in locations other 
     than Jerusalem. As has been true in the past, officers and 
     employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.


               prohibition of payment of certain expenses

       Sec. 550. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Child Survival and Health Programs 
     Fund'', ``Development Assistance'', and ``Economic Support 
     Fund'' may be obligated or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including entrance 
     fees at sporting events and amusement parks.


                  special debt relief for the poorest

       Sec. 551. (a) Authority To Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f 
     ) of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for purposes of any provision of law limiting assistance to a 
     country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


             authority to engage in debt buybacks or sales

       Sec. 552. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make an adjustment in its accounts 
     to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.


                           haiti coast guard

       Sec. 553. The Government of Haiti shall be eligible to 
     purchase defense articles and services under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard: 
     Provided, That the authority provided by this section shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


         limitation on assistance to the palestinian authority

       Sec. 554. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate that waiving such prohibition is 
     important to the national security interests of the United 
     States.

[[Page S11143]]

       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.


              limitation on assistance to security forces

       Sec. 555. None of the funds made available by this Act may 
     be provided to any unit of the security forces of a foreign 
     country if the Secretary of State has credible evidence that 
     such unit has committed gross violations of human rights, 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that the government of such country is 
     taking effective measures to bring the responsible members of 
     the security forces unit to justice: Provided, That nothing 
     in this section shall be construed to withhold funds made 
     available by this Act from any unit of the security forces of 
     a foreign country not credibly alleged to be involved in 
     gross violations of human rights: Provided further, That in 
     the event that funds are withheld from any unit pursuant to 
     this section, the Secretary of State shall promptly inform 
     the foreign government of the basis for such action and 
     shall, to the maximum extent practicable, assist the foreign 
     government in taking effective measures to bring the 
     responsible members of the security forces to justice.


                    greenhouse gas emissions report

       Sec. 556. Not later than the date on which the President's 
     fiscal year 2003 budget request is submitted to Congress, the 
     President shall submit a report to the Committees on 
     Appropriations describing in detail the following--
       (1) all Federal agency obligations and expenditures, 
     domestic and international, for climate change programs and 
     activities in fiscal year 2002, including an accounting of 
     expenditures by agency with each agency identifying climate 
     change activities and associated costs by line item as 
     presented in the President's Budget Appendix;
       (2) all fiscal year 2001 expenditures and fiscal year 2002 
     projected expenditures by the United States Agency for 
     International Development to assist developing countries and 
     countries in transition in adopting and implementing policies 
     to measure, monitor, report, verify, and reduce greenhouse 
     gas emissions, and to meet their responsibilities under the 
     Framework Convention on Climate Change;
       (3) all funds requested for fiscal year 2003 by the United 
     States Agency for International Development to promote the 
     measurement, monitoring, reporting, verification, and 
     reduction of greenhouse gas emissions reductions, to promote 
     the transfer and deployment of United States clean energy 
     technologies and carbon capture and sequestration measures, 
     and to develop assessments of the vulnerability to impacts of 
     climate change and response strategies; and
       (4) all fiscal year 2002 obligations and expenditures by 
     the United States Agency for International Development for 
     climate change programs and activities by country or central 
     program and activity.


                                ZIMBABWE

       Sec. 557. The Secretary of the Treasury shall instruct the 
     United States executive director to each international 
     financial institution to vote against any extension by the 
     respective institution of any loans, to the Government of 
     Zimbabwe, except to meet basic human needs or to promote 
     democracy, unless the Secretary of State determines and 
     certifies to the Committees on Appropriations that the rule 
     of law has been restored in Zimbabwe, including respect for 
     ownership and title to property, freedom of speech and 
     association.


               CENTRAL AMERICA RELIEF AND RECONSTRUCTION

       Sec. 558. Funds made available to the Comptroller General 
     pursuant to title I, chapter 4 of Public Law 106-31, to 
     monitor the provision of assistance to address the effects of 
     hurricanes in Central America and the Caribbean and the 
     earthquake in Colombia, shall also be available to the 
     Comptroller General to monitor earthquake relief and 
     reconstruction efforts in El Salvador.


                      enterprise fund restrictions

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


                                cambodia

       Sec. 560. (a) The Secretary of the Treasury shall instruct 
     the United States executive directors of the international 
     financial institutions to use the voice and vote of the 
     United States to oppose loans to the Central Government of 
     Cambodia, except loans to meet basic human needs.
       (b)(1) None of the funds appropriated by this Act may be 
     made available for assistance for the Central Government of 
     Cambodia unless the Secretary of State determines and reports 
     to the Committees on Appropriations that the Central 
     Government of Cambodia--
       (A) is making significant progress in resolving outstanding 
     human rights cases, including the 1994 grenade attack against 
     the Buddhist Liberal Democratic Party, and the 1997 grenade 
     attack against the Khmer Nation Party;
       (B) has held local elections that are deemed free and fair 
     by international and local election monitors; and
       (C) is making significant progress in the protection, 
     management, and conservation of the environment and natural 
     resources, including in the promulgation and enforcement of 
     laws and policies to protect forest resources.
       (2) A determination by the Secretary of State under 
     paragraph (1) shall cease to be effective if it becomes known 
     to the Secretary that the Central Government of Cambodia is 
     no longer making significant progress under subparagraph (A) 
     or (C).
       (3) In the event the Secretary of State makes the 
     determination under paragraph (1), assistance may be made 
     available to the Central Government of Cambodia only through 
     the regular notification procedures of the Committees on 
     Appropriations.
       (c) Notwithstanding subsection (b) of this section or any 
     other provision of law, funds appropriated by this Act may be 
     made available for assistance to the Government of Cambodia's 
     Ministry of Women and Veteran's Affairs to combat human 
     trafficking, subject to the regular notification procedures 
     of the Committees on Appropriations.


                    FOREIGN MILITARY TRAINING REPORT

       Sec. 561. (a) The Secretary of Defense and the Secretary of 
     State shall jointly provide to the Congress by March 1, 2002, 
     a report on all military training provided to foreign 
     military personnel (excluding sales, and excluding training 
     provided to the military personnel of countries belonging to 
     the North Atlantic Treaty Organization) under programs 
     administered by the Department of Defense and the Department 
     of State during fiscal years 2001 and 2002, including those 
     proposed for fiscal year 2002. This report shall include, for 
     each such military training activity, the foreign policy 
     justification and purpose for the training activity, the cost 
     of the training activity, the number of foreign students 
     trained and their units of operation, and the location of the 
     training. In addition, this report shall also include, with 
     respect to United States personnel, the operational benefits 
     to United States forces derived from each such training 
     activity and the United States military units involved in 
     each such training activity. This report may include a 
     classified annex if deemed necessary and appropriate.
       (b) For purposes of this section a report to Congress shall 
     be deemed to mean a report to the Appropriations and Foreign 
     Relations Committees of the Senate and the Appropriations and 
     International Relations Committees of the House of 
     Representatives.


            korean peninsula energy development organization

       Sec. 562. (a) Of the funds made available under the heading 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', not to exceed $95,000,000 may be made available 
     for the Korean Peninsula Energy Development Organization 
     (hereafter referred to in this section as ``KEDO''), 
     notwithstanding any other provision of law, only for the 
     administrative expenses and heavy fuel oil costs associated 
     with the Agreed Framework.
       (b) Such funds may be made available for KEDO only if, 15 
     days prior to such obligation of funds, the President 
     certifies and so reports to Congress that--
       (1) the parties to the Agreed Framework have taken and 
     continue to take demonstrable steps to implement the Joint 
     Declaration on Denuclearization of the Korean Peninsula;
       (2) North Korea is complying with all provisions of the 
     Agreed Framework; and
       (3) the United States is continuing to make significant 
     progress on eliminating the North Korean ballistic missile 
     threat, including further missile tests and its ballistic 
     missile exports.
       (c) The President may waive the certification requirements 
     of subsection (b) if the President determines that it is 
     vital to the national security interests of the United States 
     and provides written policy justifications to the appropriate 
     congressional committees. No funds may be obligated for KEDO 
     until 15 days after submission to Congress of such waiver.
       (d) The Secretary of State shall, at the time of the annual 
     presentation for appropriations, submit a report providing a 
     full and detailed accounting of the fiscal year 2003 request 
     for the United States contribution to KEDO, the expected 
     operating budget of KEDO, proposed annual costs associated 
     with heavy fuel oil purchases, including unpaid debt, and the 
     amount of funds pledged by other donor nations and 
     organizations to support KEDO activities on a per country 
     basis, and other related activities.
       (e) The final proviso under the heading ``International 
     Organizations and Programs'' in the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1996 (Public Law 104-107) is repealed.


                                COLOMBIA

       Sec. 563. (a) Determination and Certification Required.--
     Notwithstanding any other provision of law, funds 
     appropriated by this Act or prior Acts making appropriations 
     for foreign operations, export financing, and related 
     programs, may be made available for assistance for the 
     Colombian Armed Forces only if the Secretary of State has 
     made the determination and certification contained in 
     subsection (b).
       (b) Determination and Certification.--The determination and 
     certification referred to in subsection (a) is a 
     determination by the Secretary of State and a certification 
     to the appropriate congressional committees that--
       (1) the Commander General of the Colombian Armed Forces is 
     suspending from the Armed Forces those members, of whatever 
     rank, who have been credibly alleged to have committed gross 
     violations of human rights, including extra-judicial 
     killings, or to have aided or abetted paramilitary groups, 
     and is providing to civilian prosecutors and judicial 
     authorities requested information, including the identity of 
     the person suspended and the nature and cause of the 
     suspension;
       (2) the Colombian Armed Forces are cooperating with 
     civilian prosecutors and judicial authorities (including 
     providing unimpeded access to witnesses and relevant military 
     documents and other information), in prosecuting and 
     punishing in civilian courts those members of the Colombian 
     Armed Forces, of whatever rank,

[[Page S11144]]

     who have been credibly alleged to have committed gross 
     violations of human rights, including extra-judicial 
     killings, or to have aided or abetted paramilitary groups; 
     and
       (3) the Colombian Armed Forces are taking effective 
     measures to sever links (including by denying access to 
     military intelligence, vehicles, and other equipment or 
     supplies, and ceasing other forms of active or tacit 
     cooperation), at the command, battalion, and brigade levels, 
     with paramilitary groups, and to execute outstanding arrest 
     warrants for members of such groups.
       (c) Consultative Process.--Ten days prior to making the 
     determination and certification required by this section, and 
     every 120 days thereafter, the Secretary of State shall 
     consult with internationally recognized human rights 
     organizations regarding progress in meeting the conditions 
     contained in subsection (b).
       (d) Report.--One hundred and twenty days after the 
     enactment of this Act, and every 120 days thereafter, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations describing actions taken by the Colombian 
     Armed Forces to meet the requirements set forth in 
     subparagraphs (b)(1) through (3); and
       (e) Definitions.--In this section:
       (1) Aided or abetted.--The term ``aided or abetted'' means 
     to provide any support to paramilitary groups, including 
     taking actions which allow, facilitate, or otherwise foster 
     the activities of such groups.
       (2) Paramilitary groups.--The term ``paramilitary groups'' 
     means illegal self-defense groups and illegal security 
     cooperatives.


                          ILLEGAL ARMED GROUPS

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


 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

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


                                  IRAQ

       Sec. 566. Notwithstanding any other provision of law, funds 
     appropriated under the heading ``Economic Support Fund'' may 
     be made available for programs benefitting the Iraqi people 
     and to support efforts to bring about a democratic transition 
     in Iraq: Provided, That not more than 15 percent of the funds 
     may be used for administrative and representational expenses, 
     including expenditures for salaries, office rent and 
     equipment: Provided further, That not later than 60 days 
     after the date of enactment of this Act, the Secretary of 
     State shall consult with the Committees on Appropriations 
     regarding plans for the expenditure of funds under this 
     section: Provided further, That funds made available under 
     this heading are made available subject to the regular 
     notification procedures of the Committees on Appropriations.


                       west bank and gaza program

       Sec. 567. For fiscal year 2002, 30 days prior to the 
     initial obligation of funds for the bilateral West Bank and 
     Gaza Program, the Secretary of State shall certify to the 
     appropriate committees of Congress that procedures have been 
     established to assure the Comptroller General of the United 
     States will have access to appropriate United States 
     financial information in order to review the uses of United 
     States assistance for the Program funded under the heading 
     ``Economic Support Fund'' for the West Bank and Gaza.


                               INDONESIA

       Sec. 568. (a) Funds appropriated by this Act under the 
     headings ``International Military Education and Training'' 
     and ``Foreign Military Financing Program'' may be made 
     available for assistance for Indonesian Ministry of Defense 
     or military personnel only if the President determines and 
     submits a report to the appropriate congressional committees 
     that the Government of Indonesia and the Indonesian Armed 
     Forces are--
       (1) taking effective measures to bring to justice members 
     of the armed forces and militia groups against whom there is 
     credible evidence of human rights violations in East Timor 
     and Indonesia, including imposing just punishment for those 
     involved in the murders of American citizen Carlos Caceres 
     and two other United Nations humanitarian workers in West 
     Timor on September 6, 2000;
       (2) taking effective measures to bring to justice members 
     of the armed forces against whom there is credible evidence 
     of aiding or abetting militia groups in East Timor and 
     Indonesia;
       (3) allowing displaced persons and refugees to return home 
     to East Timor, including providing safe passage for refugees 
     returning from West Timor;
       (4) not impeding the activities of the United Nations 
     Transitional Authority in East Timor;
       (5) demonstrating a commitment to preventing incursions 
     into East Timor by members of militia groups in West Timor;
       (6) demonstrating a commitment to accountability by 
     cooperating with investigations and prosecutions of members 
     of the armed forces and militia groups responsible for human 
     rights violations in East Timor and Indonesia;
       (7) demonstrating a commitment to civilian control of the 
     armed forces by reporting to civilian authorities audits of 
     receipts and expenditures of the armed forces;
       (8) allowing United Nations and other international 
     humanitarian and human rights workers and observers unimpeded 
     access to West Timor, Aceh, West Papua, and Maluka; and
       (9) releasing political detainees.


  restrictions on assistance to governments destabilizing sierra leone

       Sec. 569. (a) None of the funds appropriated by this Act 
     may be made available for assistance for the government of 
     any country for which the Secretary of State determines there 
     is credible evidence that such government has provided lethal 
     or non-lethal military support or equipment, directly or 
     through intermediaries, within the previous 6 months to the 
     Sierra Leone Revolutionary United Front (RUF), Liberian Armed 
     Forces, or any other group intent on destabilizing the 
     democratically elected government of the Republic of Sierra 
     Leone.
       (b) None of the funds appropriated by this Act may be made 
     available for assistance for the government of any country 
     for which the Secretary of State determines there is credible 
     evidence that such government has aided or abetted, within 
     the previous 6 months, in the illicit distribution, 
     transportation, or sale of diamonds mined in Sierra Leone.
       (c) None of the funds appropriated by this Act may be made 
     available for assistance for the government of any country 
     for which the Secretary of State determines there is credible 
     evidence that such government has knowingly facilitated the 
     safe passage of weapons or other equipment to the RUF, 
     Liberian security forces, or any other group intent on 
     destabilizing the democratically elected government of the 
     Republic of Sierra Leone.
       (d) Whenever the prohibition on assistance required under 
     subsection (a), (b) or (c) is exercised, the Secretary of 
     State shall notify the Committees on Appropriations in a 
     timely manner.


                    voluntary separation incentives

       Sec. 570. Section 579(c)(2)(D) of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2000, as enacted by section 1000(a)(2) of the Consolidated 
     Appropriations Act, 2000 (Public Law 106-113), as amended, is 
     amended by striking ``December 31, 2001'' and inserting in 
     lieu thereof ``December 31, 2002''.


  AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA

       Sec. 571. (a) To the fullest extent possible information 
     relevant to the December 2, 1980, murders of four American 
     churchwomen in El Salvador, and the May 5, 2001, murder of 
     Sister Barbara Ann Ford and the murders of six other American 
     citizens in Guatemala since December 1999, should be 
     investigated and made public.
       (b) The Department of State is urged to pursue all 
     reasonable avenues in assuring the collection and public 
     release of information pertaining to the murders of the six 
     American citizens in Guatemala.
       (c) The President shall order all Federal agencies and 
     departments, including the Federal Bureau of Investigation, 
     that possess relevant information, to expeditiously 
     declassify and release to the victims' families such 
     information.
       (d) In making determinations concerning declassification 
     and release of relevant information, all Federal agencies and 
     departments shall presume in favor of releasing, rather than 
     of withholding, such information.
       (e) All reasonable efforts should be taken by the American 
     Embassy in Guatemala to work with relevant agencies of the 
     Guatemalan Government to protect the safety of American 
     citizens in Guatemala, and to assist in the investigations of 
     violations of human rights.


                Basic Education Assistance for Pakistan

       Sec. 572. Funds appropriated by this Act to carry out the 
     provisions of chapter 4 of part II of the Foreign Assistance 
     Act of 1961 may be made available for assistance for basic 
     education programs for Pakistan, notwithstanding any 
     provision of law that restricts assistance to foreign 
     countries: Provided, That such assistance is subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


                 COMMERCIAL LEASING OF DEFENSE ARTICLES

       Sec. 573. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                             WAR CRIMINALS

       Sec. 574. (a)(1) None of the funds appropriated or 
     otherwise made available pursuant to this Act may be made 
     available for assistance, and the Secretary of the Treasury 
     shall instruct the United States executive directors to the 
     international financial institutions to vote against any new 
     project involving the extension by such institutions of any 
     financial or technical assistance, to any country, entity, or 
     municipality whose competent authorities have

[[Page S11145]]

     failed, as determined by the Secretary of State, to take 
     necessary and significant steps to implement its 
     international legal obligations to apprehend and transfer to 
     the International Criminal Tribunal for the former Yugoslavia 
     (the ``Tribunal'') all persons in their territory who have 
     been publicly indicted by the Tribunal and to otherwise 
     cooperate with the Tribunal.
       (2) The provisions of this subsection shall not apply to 
     humanitarian assistance or assistance for democratization.
       (b) The provisions of subsection (a) shall apply unless the 
     Secretary of State determines and reports to the appropriate 
     congressional committees that the competent authorities of 
     such country, entity, or municipality are--
       (1) cooperating with the Tribunal, including access for 
     investigators, the provision of documents, and the surrender 
     and transfer of indictees or assistance in their 
     apprehension; and
       (2) are acting consistently with the Dayton Accords.
       (c) Not less than 10 days before any vote in an 
     international financial institution regarding the extension 
     of financial or technical assistance or grants to any country 
     or entity described in subsection (a), the Secretary of the 
     Treasury, in consultation with the Secretary of State, shall 
     provide to the Committees on Appropriations a written 
     justification for the proposed assistance, including an 
     explanation of the United States position regarding any such 
     vote, as well as a description of the location of the 
     proposed assistance by municipality, its purpose, and its 
     intended beneficiaries.
       (d) In carrying out this section, the Secretary of State, 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of the Treasury 
     shall consult with representatives of human rights 
     organizations and all government agencies with relevant 
     information to help prevent publicly indicted war criminals 
     from benefiting from any financial or technical assistance or 
     grants provided to any country or entity described in 
     subsection (a).
       (e) The Secretary of State may waive the application of 
     subsection (a) with respect to a specific project within a 
     country, entity, or municipality upon a written determination 
     to the Committees on Appropriations that such assistance 
     directly supports the implementation of the Dayton Accords, 
     which include the obligation to apprehend and transfer 
     indicted war criminals to the Tribunal and to provide all 
     possible assistance to refugees and displaced persons and 
     work to facilitate their voluntary return.
       (f) Definitions.--As used in this section--
       (1) Country.--The term ``country'' means Bosnia and 
     Herzegovina, Croatia and Serbia.
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina, Kosovo, Montenegro and the 
     Republika Srpska.
       (3) Municipality.--The term ``municipality'' means a city, 
     town or other subdivision within a country or entity as 
     defined herein.
       (4) Dayton accords.--The term ``Dayton Accords'' means the 
     General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.


                           Funding for Serbia

       Sec. 575. (a) Of funds made available in this Act, up to 
     $115,000,000 may be made available for assistance for Serbia: 
     Provided, That none of these funds may be made available for 
     assistance for Serbia after March 31, 2002, unless the 
     President has made the determination and certification 
     contained in subsection (c).
       (b) After March 31, 2002, the Secretary of the Treasury 
     should instruct the United States executive directors to the 
     international financial institutions to support loans and 
     assistance to the Government of the Federal Republic of 
     Yugoslavia subject to the conditions in subsection (c): 
     Provided, That section 576 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1997, as 
     amended, shall not apply to the provision of loans and 
     assistance to the Federal Republic of Yugoslavia through 
     international financial institutions.
       (c) The determination and certification referred to in 
     subsection (a) is a determination by the President and a 
     certification to the Committees on Appropriations that the 
     Government of the Federal Republic of Yugoslavia is--
       (1) cooperating with the International Criminal Tribunal 
     for Yugoslavia including access for investigators, the 
     provision of documents, and the surrender and transfer of 
     indictees or assistance in their apprehension;
       (2) taking steps, additional to those undertaken in fiscal 
     year 2001, that are consistent with the Dayton Accords to end 
     Serbian financial, political, security and other support 
     which has served to maintain separate Republika Srpska 
     institutions; and
       (3) taking steps, additional to those undertaken in fiscal 
     year 2001, to implement policies which reflect a respect for 
     minority rights and the rule of law, including the release of 
     all political prisoners from Serbian jails and prisons.
       (d) Subsections (b) and (c) shall not apply to Montenegro, 
     Kosovo, humanitarian assistance or assistance to promote 
     democracy in municipalities.


                               User Fees

       Sec. 576. The Secretary of the Treasury shall instruct the 
     United States executive directors to the international 
     financial institutions (as defined in section 1701(c)(2) of 
     the International Financial Institutions Act) and the 
     International Monetary Fund to oppose any loan of such 
     institutions that would require user fees or service charges 
     on poor people for primary education or primary healthcare, 
     including prevention and treatment efforts for HIV/AIDS, 
     malaria, tuberculosis, and infant, child, and maternal well-
     being, in connection with the institutions' lending programs, 
     and to oppose the approval or endorsement of such user fees 
     or service charges in connection with any structural 
     adjustment scheme or debt relief action, including any 
     Poverty Reduction Strategy Paper.


        HEAVILY INDEBTED POOR COUNTRIES TRUST FUND AUTHORIZATION

       Sec. 577. Section 801(b)(1) of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2001 (Public Law 106-429) is amended by striking 
     ``$435,000,000'' and inserting ``$600,000,000''.


                   FUNDING FOR PRIVATE ORGANIZATIONS

       Sec. 578. Notwithstanding any other provision of law, 
     regulation, or policy, in determining eligibility for 
     assistance authorized under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
     organizations--
       (1) shall not be ineligible for such assistance solely on 
     the basis of health or medical services including counseling 
     and referral services, provided by such organizations with 
     non-United States Government funds if such services do not 
     violate the laws of the country in which they are being 
     provided and would not violate United States Federal law if 
     provided in the United States; and
       (2) shall not be subject to requirements relating to the 
     use of non-United States Government funds for advocacy and 
     lobbying activities other than those that apply to United 
     States nongovernmental organizations receiving assistance 
     under part I of such Act.


   PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

       Sec. 579. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.


                                  cuba

       Sec. 580. (a) Amounts for Cooperation with Cuba on Counter-
     Narcotics Matters.--Subject to subsection (b), of the amounts 
     appropriated or otherwise made available by this Act, 
     $1,500,000 shall be available for purposes of preliminary 
     work by the Department of State, or such other entities as 
     the Secretary of State may designate, to establish 
     cooperation with appropriate agencies of the Cuba Government 
     on counter-narcotics matters, including matters relating to 
     cooperation, coordination, and mutual assistance in the 
     interdiction of illicit drugs being transported through Cuba 
     airspace or over Cuba waters.
       (b) Limitation.--The amount in subsection (a) shall not be 
     available under that subsection until the President certifies 
     to Congress the following:
       (1) That Cuba has in place appropriate procedures to 
     protect against loss of innocent life in the air and on the 
     ground in connection with the interdiction of illicit drugs.
       (2) That there is no evidence of the involvement of the 
     Government of Cuba in drug trafficking.


                   Reports on Conditions in Hong Kong

       Sec. 581. (a) Section 301 of the United States-Hong Kong 
     Policy Act (22 U.S.C. 5731) is amended by striking ``and 
     March 31, 2000,'' and inserting: ``March 31, 2000, March 31, 
     2001, March 31, 2002, March 31, 2003, March 31, 2004, March 
     31, 2005, and March 31, 2006''.
       (b) The requirement in section 301 of the United States-
     Hong Kong Policy Act, as amended by subsection (a), that a 
     report under that section shall be transmitted not later than 
     March 31, 2001, shall be considered satisfied by the 
     transmittal of such report by August 7, 2001.


                           Disability Access

       Sec. 582. Housing that is constructed with funds 
     appropriated by this Act to carry out the provisions of 
     chapter 1 of part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961, and to carry out the provisions of 
     the Support for East European Democracy (SEED) Act of 1989, 
     shall to the maximum extent feasible, be wheelchair 
     accessible.


                   Community-Based Police Assistance

       Sec. 583. (a) Authority.--Funds made available to carry out 
     the provisions of chapter 1 of part I and chapter 4 of part 
     II of the Foreign Assistance Act of 1961, may be used, 
     notwithstanding section 660 of that Act, to enhance the 
     effectiveness and accountability of civilian police authority 
     in Jamaica through training and technical assistance in 
     internationally recognized human rights, the rule of law, 
     strategic planning, and through the promotion of civilian 
     police roles that support democratic governance including 
     programs to prevent conflict and foster improved police 
     relations with the communities they serve.
       (b) Report.--Twelve months after the initial obligation of 
     funds for Jamaica for activities authorized under subsection 
     (a), the Administrator of the United States Agency for 
     International Development shall submit a report to the 
     appropriate congressional committees describing the progress 
     the program is making toward improving police relations with 
     the communities they

[[Page S11146]]

     serve and institutionalizing an effective community-based 
     police program.
       (c) Notification.--Assistance provided under subsection (a) 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.


            September 11 Democracy and Human Rights Programs

       Sec. 584. Of the funds appropriated by this Act under the 
     heading ``Economic Support Fund'', not less than $15,000,000 
     shall be made available for programs and activities to foster 
     democracy, human rights, press freedoms, and the rule of law 
     in countries with a significant Muslim population, and where 
     such programs and activities would be important to United 
     States efforts to respond to, deter, or prevent acts of 
     international terrorism: Provided, That funds appropriated 
     under this section should support new initiatives or bolster 
     ongoing programs and activities in those countries: Provided 
     further, That not less than $2,000,000 of such funds shall be 
     made available for programs and activities that train 
     emerging Afghan women leaders in civil society development 
     and democracy building: Provided further, That not less than 
     $10,000,000 of such funds shall be made available for the 
     Human Rights and Democracy Fund of the Bureau of Democracy 
     Human Rights and Labor, Department of State, for such 
     activities: Provided further, That funds made available 
     pursuant to the authority of this section shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.


                               Uzbekistan

        Sec. 585. Not later than three months after the date of 
     the enactment of this Act, and six months thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees describing the following:
       (1) The defense articles, defense services, and financial 
     assistance provided by the United States to Uzbekistan during 
     the six-month period ending on the date of such report.
       (2) The use during such period of defense articles and 
     defense services provided by the United States by units of 
     the Uzbek armed forces, border guards, Ministry of National 
     Security, or Ministry of Internal Affairs.
       (3) The extent to which any units referred to in paragraph 
     (2) engaged in human rights violations, or violations of 
     international law, during such period.


                Humanitarian Assistance for Afghanistan

       Sec. 586. It is the sense of the Senate that--
       (1) Afghanistan's neighbors should reopen their borders to 
     allow for the safe passage of refugees, and the international 
     community must be prepared to contribute to the economic 
     costs incurred by the flight of desperate Afghan civilians;
       (2) as the United States engages in military action in 
     Afghanistan, it must work to deliver assistance, particularly 
     through overland truck convoys, and safe humanitarian access 
     to affected populations, in partnership with humanitarian 
     agencies in quantities sufficient to alleviate a large scale 
     humanitarian catastrophe; and
       (3) the United States should contribute to efforts by the 
     international community to provide long-term, sustainable 
     reconstruction and development assistance for the people of 
     Afghanistan, including efforts to protect the basic human 
     rights of women and children.


                             Authorizations

       Sec. 587. The Secretary of the Treasury may, to fulfill 
     commitments of the United States, contribute on behalf of the 
     United States to the seventh replenishment of the resources 
     of the Asian Development Fund, a special fund of the Asian 
     Development Bank, and to the fifth replenishment of the 
     resources of the International Fund for Agricultural 
     Development. The following amounts are authorized to be 
     appropriated without fiscal year limitation for payment by 
     the Secretary of the Treasury: $412,000,000 for the Asian 
     Development Fund and $30,000,000 for the International Fund 
     for Agricultural Development.


    Discrimination Against Minority Religious Faiths in the Russian 
                               Federation

       Sec. 588. None of the funds appropriated or otherwise made 
     available by this Act may be made available for the 
     Government of the Russian Federation after the date that is 
     180 days after the date of the enactment of this Act, unless 
     the President determines and certifies in writing to the 
     Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations 
     and the Committee on International Relations of the House of 
     Representatives that the Government of the Russian Federation 
     has not implemented any statute, executive order, regulation, 
     or other similar government action that would discriminate, 
     or would have as its principal effect discrimination, against 
     religious groups or religious communities in the Russian 
     Federation in violation of accepted international agreements 
     on human rights and religious freedoms to which the Russian 
     Federation is a party.


Sense of the Senate Regarding the Important Role of Women in the Future 
                     Reconstruction of Afghanistan

       Sec. 589. (a) Findings.--The Senate finds that:
       (1) Prior to the rise of the Taliban in 1996, women 
     throughout Afghanistan enjoyed greater freedoms, comprising 
     70 percent of school teachers, 50 percent of civilian 
     government workers, and 40 percent of doctors in Kabul.
       (2) In Taliban-controlled areas of Afghanistan, women have 
     been banished from the work force, schools have been closed 
     to girls and women expelled from universities, women have 
     been prohibited from leaving their homes unless accompanied 
     by a close male relative, and publicly visible windows of 
     women's houses have been ordered to be painted black.
       (3) In Taliban-controlled areas of Afghanistan, women have 
     been forced to wear the burqa (or chadari)--which completely 
     shrouds the body, leaving only a small mesh-covered opening 
     through which to see.
       (4) In Taliban-controlled areas of Afghanistan, women and 
     girls have been prohibited from being examined by male 
     physicians while at the same time, most female doctors and 
     nurses have been prohibited from working.
       (5) In Taliban-controlled areas of Afghanistan, women have 
     been brutally beaten, publicly flogged, and killed for 
     violating Taliban decrees.
       (6) The United States and the United Nations have never 
     recognized the Taliban as the legitimate government of 
     Afghanistan, in part, because of their horrific treatment of 
     women and girls.
       (7) Afghan women and children now make up 75 percent of the 
     millions of Afghan refugees living in neighboring countries 
     in substandard conditions with little food and virtually no 
     clean water or sanitation.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that:
       (1) Afghan women organizations must be included in planning 
     the future reconstruction of Afghanistan.
       (2) Future governments in Afghanistan should work to 
     achieve the following goals:
       (A) The effective participation of women in all civil, 
     economic, and social life.
       (B) The right of women to work.
       (C) The right of women and girls to an education without 
     discrimination and the reopening of schools to women and 
     girls at all levels of education.
       (D) The freedom of movement of women and girls.
       (E) Equal access of women and girls to health facilities.


   Sense of the Senate Condemning Suicide Bombings as a Terrorist Act

       Sec. 590. (a) Findings.--The Senate finds that:
       (1) Suicide bombings have killed and injured countless 
     people throughout the world.
       (2) Suicide bombings and the resulting death and injury 
     demean the importance of human life.
       (3) There are no circumstances under which suicide bombings 
     can be justified, including considerations of a political, 
     philosophical, ideological, racial, ethnic, religious or 
     other similar nature.
       (4) Religious leaders, including the highest Muslim 
     authority in Saudi Arabia, the Grand Mufti, have spoken out 
     against suicide bombings.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Suicide bombings are a horrific form of terrorism that 
     must be universally condemned.
       (2) The United Nations should specifically condemn all 
     suicide bombings by resolution.


         restriction on funding for cambodian genocide tribunal

       Sec. 591. None of the funds appropriated or otherwise made 
     available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to any tribunal established by the Government of 
     Cambodia pursuant to a memorandum of understanding with the 
     United Nations unless the President determines and certifies 
     to Congress that the tribunal is capable of delivering 
     justice for crimes against humanity and genocide in an 
     impartial and credible manner.


EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES AND 
                        CERTAIN OTHER COUNTRIES

       Sec. 592. Notwithstanding section 516(e) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of 
     the fiscal years 2002 and 2003, funds available to the 
     Department of Defense may be expended for crating, packing, 
     handling, and transportation of excess defense articles 
     transferred under the authority of section 516 of such Act to 
     Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia 
     Republic of Macedonia, Georgia, India, Kazakhstan, 
     Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, 
     Romania, Slovakia, Slovenia, Tajikistan, Turkmenistan, 
     Ukraine, and Uzbekistan: Provided, That section 105 of Public 
     Law 104-164 is amended by striking ``2000 and 2001'' and 
     inserting ``2002 and 2003''.


           increased peace corps presence in muslim countries

       Sec. 593.(a) Findings.--Congress makes the following 
     findings:
       (1) In the aftermath of the terrorist attacks of September 
     11, 2001, it is more important than ever to foster peaceful 
     relationships with citizens of predominantly Muslim 
     countries.
       (2) One way to foster understanding between citizens of 
     predominantly Muslim countries and the United States is to 
     send United States citizens to work with citizens of Muslim 
     countries on constructive projects in their home countries.
       (3) The Peace Corps mission as stated by Congress in the 
     Peace Corps Act is to promote world peace and friendship.
       (4) Within that mission, the Peace Corps has three goals:
       (A) To assist the people of interested countries in meeting 
     the need of those countries for trained men and women.
       (B) To assist in promoting a better understanding of 
     Americans on the part of the peoples served.
       (C) To assist in promoting a better understanding of other 
     peoples on the part of Americans.
       (5) The Peace Corps has had significant success in meeting 
     these goals in the countries in which the Peace Corps 
     operates, and has already established mechanisms to put 
     volunteers in place and sustain them abroad.
       (6) The Peace Corps currently operates in very few 
     predominantly Muslim countries.

[[Page S11147]]

       (7) An increased number of Peace Corps volunteers in Muslim 
     countries would assist in promoting peace and understanding 
     between Americans and Muslims abroad.
       (b) Study.--The Director of the Peace Corps shall undertake 
     a study to determine--
       (1) the feasibility of increasing the number of Peace Corps 
     volunteers in countries that have a majority Muslim 
     population;
       (2) the manner in which the Peace Corps may target the 
     recruitment of Peace Corps volunteers from among United 
     States citizens who have an interest in those countries or 
     who speak Arabic;
       (3) appropriate mechanisms to ensure the safety of Peace 
     Corps volunteers in countries that have a majority Muslim 
     population; and
       (4) the estimated increase in funding that will be 
     necessary for the Peace Corps to implement any recommendation 
     resulting from the study of the matters described in 
     paragraphs (1) through (3).
       (c) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Director of the Peace Corps shall 
     submit to the appropriate congressional committees a report 
     containing the findings of the study conducted under 
     subsection (b).
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations of the Senate and 
     the Committee on International Relations of the House of 
     Representatives.


                      Machine Readable Passports.

       Sec. 594. (a) Audits.--The Secretary of State shall--
       (1) perform annual audits of the implementation of section 
     217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1187(c)(2)(B));
       (2) check for the implementation of precautionary measures 
     to prevent the counterfeiting and theft of passports; and
       (3) ascertain that countries designated under the visa 
     waiver program have established a program to develop tamper-
     resistant passports.
       (b) Periodic Reports.--Beginning one year after the date of 
     enactment of this Act, and every year thereafter, the 
     Secretary of State shall submit a report to Congress setting 
     forth the findings of the most recent audit conducted under 
     subsection (a)(1).
       (c) Advancing Deadline for Satisfaction of Requirement.--
     Section 217(a)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1187(a)(3)) is amended by striking ``2007'' and 
     inserting ``2003''.
       (d) Waiver.-- Section 217(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(a)(3)) is amended--
       (1) by striking ``On or after'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     on or after''; and
       (2) by adding at the end the following:
       ``(B) Limited waiver authority.--During the period 
     beginning October 1, 2003, and ending September 30, 2007, the 
     Secretary of State may waive the requirement of subparagraph 
     (A) with respect to nationals of a program country (as 
     designated under subsection (c)), if the Secretary of State 
     finds that the program country--
       ``(i) is making progress toward ensuring that passports 
     meeting the requirement of subparagraph (A) are generally 
     available to its nationals; and
       ``(ii) has taken appropriate measures to protect against 
     misuse of passports the country has issued that do not meet 
     the requirement of subparagraph (A).''.


                                 sudan

       Sec. 595. (a) Findings Regarding the Need for Humanitarian 
     Assistance.--The Senate makes the following findings:
       (1) The war in Sudan has cost more than 2,000,000 lives and 
     has displaced more than 4,000,000 people.
       (2) The victims of this 18-year war are not confined to one 
     ethnic group or religion as moderate Moslems in eastern and 
     western Sudan suffer greatly, as do Christians and animists 
     in southern Sudan.
       (3) Humanitarian assistance to the Sudanese is a 
     cornerstone of United States foreign assistance policy and 
     efforts to end the war in Sudan.
       (4) The United States Government has been the largest 
     single provider of humanitarian assistance to the Sudanese 
     people, providing $1,200,000,000 in humanitarian assistance 
     to war victims during the past 10 years, including 
     $161,400,000 during fiscal year 2000 alone.
       (5) Continued strengthening of United States assistance 
     efforts and international humanitarian relief operations in 
     Sudan are essential to bringing an end to the war.
       (b) Findings Regarding the NIF Government.--In addition to 
     the findings under subsection (a), the Senate makes the 
     following findings:
       (1) The people of the United States will not abandon the 
     people of Sudan, who have suffered under the National Islamic 
     Front (NIF) government.
       (2) For more than a decade, the NIF government has provided 
     safe haven for well-known terrorist organizations, including 
     to Osama bin Laden's al-Qaeda and the Egyptian Islamic Jihad.
       (3) The NIF government has been engaged, and continues to 
     engage, in gross human rights violations against the civilian 
     population of Sudan, including the enslavement of women and 
     children, the bombardment of civilian targets, and the 
     scorched-earth destruction of villages in the oil fields of 
     Sudan.
       (c) Sense of the Senate.--In recognition of the sustained 
     struggle for self-determination and dignity by the Sudanese 
     people, as embodied in the Inter-Governmental Authority on 
     Development (IGAD) Declaration of Principles, and the 
     statement adopted by the United States Commission on 
     International Religious Freedom on October 2, 2001, it is the 
     sense of the Senate that--
       (1) the National Islamic Front (NIF) government of Sudan 
     should--
       (A) establish an internationally supervised trust fund that 
     will manage and equitably disburse oil revenues;
       (B) remove all bans on relief flights and provide 
     unfettered access to all affected areas, including the Nuba 
     Mountains;
       (C) end slavery and punish those responsible for this crime 
     against humanity;
       (D) end civilian bombing and the destruction of communities 
     in the oil fields;
       (E) honor the universally recognized right of religious 
     freedom, including freedom from coercive religious 
     conversions;
       (F) seriously engage in an internationally sanctioned peace 
     process based on the already adopted Declaration of 
     Principles; and
       (G) commit to a viable cease-fire agreement based on a 
     comprehensive settlement of the political problems; and
       (2) the President should continue to provide generous 
     levels of humanitarian, development, and other assistance in 
     war-affected areas of Sudan, and to refugees in neighboring 
     countries, with an increased emphasis on moderate Moslem 
     populations who have been brutalized by the Sudanese 
     government throughout the 18-year conflict.


 Modification to the Annual Drug Certification Procedures with Respect 
                 to Countries in the Western Hemisphere

       Sec. 596. During fiscal year 2002 funds in this Act that 
     would otherwise be withheld from obligation or expenditure 
     under section 490 of the Foreign Assistance Act of 1961 with 
     respect to countries in the Western Hemisphere may be 
     obligated or expended provided that:
       (1) Report.--Not later than November 30, 2001 the President 
     has submitted to the appropriate congressional committees a 
     report identifying each country in the Western Hemisphere 
     determined by the President to be a major drug-transit 
     country or major illicit drug producing country.
       (2) Designation and justification.--In each report under 
     paragraph (1), the President shall also--
       (A) designate each country, if any, identified in such 
     report that has failed demonstrably, during the previous 12 
     months, to make substantial efforts--
       (i) to adhere to its obligations under international 
     counternarcotics agreements; and
       (ii) to take the counternarcotics measures set forth in 
     section 489(a)(1) of the Foreign Assistance Act of 1961; and
       (B) include a justification for each country so designated.
       (3) Limitation on assistance for designated countries.--In 
     the case of a country identified in a report for fiscal year 
     2002 under paragraph (1) that is also designated under 
     paragraph (2) in the report, United States assistance may be 
     provided under this Act to such country in fiscal year 2002 
     only if the President determines and reports to the 
     appropriate congressional committees that--
       (A) provision of such assistance to the country in such 
     fiscal year is vital to the national interests of the United 
     States; or
       (B) commencing at any time after November 30, 2001, the 
     country has made substantial efforts--
       (i) to adhere to its obligations under international 
     counternarcotics agreements; and
       (ii) to take the counternarcotics measures set forth in 
     section 489(a)(1) of the Foreign Assistance Act of 1961.
       (4) International counternarcotics agreement defined.--In 
     this section, the term ``international counternarcotics 
     agreement'' means--
       (A) the United Nations Convention Against Illicit Traffic 
     in Narcotic Drugs and Psychotropic Substances; or
       (B) any bilateral or multilateral agreement in force 
     between the United States and another country or countries 
     that addresses issues relating to the control of illicit 
     drugs, such as--
       (i) the production, distribution, and interdiction of 
     illicit drugs,
       (ii) demand reduction,
       (iii) the activities of criminal organizations,
       (iv) international legal cooperation among courts, 
     prosecutors, and law enforcement agencies (including the 
     exchange of information and evidence),
       (v) the extradition of nationals and individuals involved 
     in drug-related criminal activity,
       (vi) the temporary transfer for prosecution of nationals 
     and individuals involved in drug-related criminal activity,
       (vii) border security,
       (viii) money laundering,
       (ix) illicit firearms trafficking,
       (x) corruption,
       (xi) control of precursor chemicals,
       (xii) asset forfeiture, and
       (xiii) related training and technical assistance;

     and includes, where appropriate, timetables and objective and 
     measurable standards to assess the progress made by 
     participating countries with respect to such issues.
       (5) Application.--Section 490 (b)-(e) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291j) shall not apply 
     during fiscal year 2002 with respect to any country in the 
     Western Hemisphere identified in paragraph (1) of this 
     section.
       (6) Statutory construction.--Nothing in this section 
     supersedes or modifies the requirement in section 489(a) of 
     the Foreign Assistance Act of 1961 (with respect to the 
     International Control Strategy Report) for the transmittal of 
     a report not later than March 1, 2002 under that section.-
       (7) Sense of congress on enhanced international narcotics 
     control.--It is the sense of Congress that--

[[Page S11148]]

       (A) many governments are extremely concerned by the 
     national security threat posed by illicit drug production, 
     distribution, and consumption, and crimes related thereto, 
     particularly those in the Western Hemisphere;
       (B) an enhanced multilateral strategy should be developed 
     among drug producing, transit, and consuming nations designed 
     to improve cooperation with respect to the investigation and 
     prosecution of drug related crimes, and to make available 
     information on effective drug education and drug treatment;
       (C) the United States should at the earliest feasible date 
     convene a conference of representatives of major illicit drug 
     producing countries, major drug transit countries, and major 
     money laundering countries to present and review country by 
     country drug reduction and prevention strategies relevant to 
     the specific circumstances of each country, and agree to a 
     program and timetable for implementation of such strategies; 
     and
       (D) not later than one year after the date of the enactment 
     of this Act, the President should transmit to Congress any 
     legislation necessary to implement a proposed multilateral 
     strategy to achieve the goals referred to in subparagraph 
     (B), including any amendments to existing law that may be 
     required to implement that strategy.


                    CENTRAL AMERICA DISASTER RELIEF

       Sec. 597. Of the funds appropriated under the headings 
     ``International Disaster Assistance'', ``Development 
     Assistance'', and ``Economic Support Fund'', not less than 
     $35,000,000 should be made available for relief and 
     reconstruction assistance for victims of earthquakes and 
     drought in El Salvador and elsewhere in Central America.


             projects honoring victims of terrorist attacks

       Sec. 598. The National and Community Service Act of 1990 
     (42 U.S.C. 12501 et seq.) is amended by inserting before 
     title V the following:

       ``TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

       ``(a) Definition.--In this section, the term `Foundation' 
     means the Points of Light Foundation funded under section 
     301, or another nonprofit private organization, that enters 
     into an agreement with the Corporation to carry out this 
     section.
       ``(b) Identification of Projects.--
       ``(1) Estimated number.--Not later than December 1, 2001, 
     the Foundation, after obtaining the guidance of the heads of 
     appropriate Federal agencies, such as the Director of the 
     Office of Homeland Security and the Attorney General, shall--
       ``(A) make an estimate of the number of victims killed as a 
     result of the terrorist attacks on September 11, 2001 
     (referred to in this section as the `estimated number'); and
       ``(B) compile a list that specifies, for each individual 
     that the Foundation determines to be such a victim, the name 
     of the victim and the State in which the victim resided.
       ``(2) Identified projects.--The Foundation shall identify 
     approximately the estimated number of community-based 
     national and community service projects that meet the 
     requirements of subsection (d). The Foundation shall name 
     each identified project in honor of a victim described in 
     subsection (b)(1)(A), after obtaining the permission of an 
     appropriate member of the victim's family and the entity 
     carrying out the project.
       (c) Eligible Entities.--To be eligible to have a project 
     named under this section, the entity carrying out the project 
     shall be a political subdivision of a State, a business, or a 
     nonprofit organization (which may be a religious 
     organization, such as a Christian, Jewish, or Muslim 
     organization).
       ``(d) Projects.--The Foundation shall name, under this 
     section, projects--
       ``(1) that advance the goals of unity, and improving the 
     quality of life in communities; and
       ``(2) that will be planned, or for which implementation 
     will begin, within a reasonable period after the date of 
     enactment of this section, as determined by the Foundation.
       ``(e) Website and Database.--The Foundation shall create 
     and maintain websites and databases, to describe projects 
     named under this section and serve as appropriate vehicles 
     for recognizing the projects.''.


           WAIVER OF RESTRICTION ON ASSISTANCE TO AZERBAIJAN

       Sec. 599. (a) Section 907 of the FREEDOM Support Act shall 
     not apply to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or nonproliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.
       (b) The President may waive section 907 of the FREEDOM 
     Support Act if he determines and certifies to the Committees 
     on Appropriations that to do so--
       (1) is necessary to support United States efforts to 
     counter terrorism; or
       (2) is necessary to support the operational readiness of 
     United States Armed Forces or coalition partners to counter 
     terrorism; or
       (3) is important to Azerbaijan's border security; and
       (4) will not undermine or hamper ongoing efforts to 
     negotiate a peaceful settlement between Armenia and 
     Azerbaijan or be used for offensive purposes against Armenia.
       (c) The authority of subsection (b) may only be exercised 
     through December 31, 2002.
       (d) The President may extend the waiver authority provided 
     in subsection (b) on an annual basis on or after December 31, 
     2002 if he determines and certifies to the Committees on 
     Appropriations in accordance with the provisions of 
     subsection (b).
       (e) The Committees on Appropriations shall be consulted 
     prior to the provision of any assistance made available 
     pursuant to subsection (b).
       (f) Within 60 days of any exercise of the authority under 
     subsection (b) the President shall send a report to the 
     appropriate congressional committees specifying in detail the 
     following--
       (1) the nature and quantity of all training and assistance 
     provided to the Government of Azerbaijan pursuant to 
     subsection (b);
       (2) the status of the military balance between Azerbaijan 
     and Armenia and the impact of United States assistance on 
     that balance; and
       (3) the status of negotiations for a peaceful settlement 
     between Armenia and Azerbaijan and the impact of United 
     States assistance on those negotiations.


             FEDERAL INVESTIGATION ENHANCEMENT ACT OF 2001

       Sec. 599A. (a) Short Title.--This section may be cited as 
     the ``Federal Investigation Enhancement Act of 2001''.
       (b) Undercover Investigative Practices Conducted by Federal 
     Attorneys.--Section 530B(a) of title 28, United States Code, 
     is amended by inserting after the first sentence, 
     ``Notwithstanding any provision of State law, including 
     disciplinary rules, statutes, regulations, constitutional 
     provisions, or case law, a Government attorney may, for the 
     purpose of enforcing Federal law, provide legal advice, 
     authorization, concurrence, direction, or supervision on 
     conducting undercover activities, and any attorney employed 
     as an investigator or other law enforcement agent by the 
     Department of Justice who is not authorized to represent the 
     United States in criminal or civil law enforcement litigation 
     or to supervise such proceedings may participate in such 
     activities, even though such activities may require the use 
     of deceit or misrepresentation, where such activities are 
     consistent with Federal law.''.


                           Kenneth M. Ludden

       Sec. 599B. This Act shall be cited as the Kenneth M. Ludden 
     Foreign Operations, Export Financing, and Related Programs 
     Appropriations Act, Fiscal Year 2002.
       This Act may be cited as the ``Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2002''.

                          ____________________