S. 2779 PCS
Calendar No. 513
107th CONGRESS
2d Session
S. 2779
[Report No. 107-219]
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for other
purposes.
Rule
IN THE SENATE OF THE UNITED STATES
July 24, 2002
Mr. LEAHY, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September 30, 2003, and
for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized to make such
expenditures within the limits of funds and borrowing authority available to
such corporation, and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by section
104 of the Government Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current fiscal
year may be used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons eligible to receive economic or military
assistance under this Act, that has detonated a nuclear explosive after the
date of the enactment of this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and tied-aid
grants as authorized by section 10 of the Export-Import Bank Act of 1945, as
amended, $541,400,000, to remain available until September 30, 2006:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall remain available until
September 30, 2021 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2003, 2004, 2005, and
2006: Provided further, That none of the funds appropriated by this
Act or any prior Act appropriating funds for foreign operations, export
financing, or related programs for tied-aid credits or grants may be used for
any other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds
appropriated by this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in connection with the purchase
or lease of any product by any East European country, any Baltic State or any
agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan
and insurance programs, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 for
official reception and representation expenses for members of the Board of
Directors, $68,300,000: Provided, That the Export-Import Bank may
accept, and use, payment or services provided by transaction participants for
legal, financial, or technical services in connection with any transaction for
which an application for a loan, guarantee or insurance commitment has been
made: Provided further, That, notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2003.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make, without
regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such
expenditures and commitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed $39,885,000:
Provided further, That project-specific transaction costs, including
direct and indirect costs incurred in claims settlements, and other direct
costs associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall
not be considered administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000, as authorized by
section 234 of the Foreign Assistance Act of 1961, to be derived by transfer
from the Overseas Private Investment Corporation Non-Credit Account:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made during fiscal
years 2003 and 2004: Provided further, That such sums shall remain
available through fiscal year 2011 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2003, and through fiscal year 2012
for the disbursement of direct and guaranteed loans obligated in fiscal year
2004.
In addition, such sums as may be necessary for administrative expenses to
carry out the credit program may be derived from amounts available for
administrative expenses to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and merged with said
account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section 661 of the
Foreign Assistance Act of 1961, $44,696,000, to remain available until
September 30, 2004.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the provisions
of the Foreign Assistance Act of 1961, and for other purposes, to remain
available until September 30, 2003, unless otherwise specified herein, as
follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For necessary expenses to carry out the provisions of chapters 1 and 10 of
part I of the Foreign Assistance Act of 1961, for child survival, health, and
family planning/reproductive health activities, in addition to funds otherwise
available for such purposes, $1,780,000,000, to remain available until
expended: Provided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4) assistance
for displaced and orphaned children; (5) programs for the prevention,
treatment, and control of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family planning/reproductive
health: Provided further, That none of the funds appropriated under
this heading may be made available for nonproject assistance, except that
funds may be made available for such assistance for ongoing health activities:
Provided further, That of the funds appropriated under this heading,
not to exceed $125,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of child survival,
maternal and family planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should be
allocated as follows: $350,000,000 for child survival and maternal health;
$25,000,000 for vulnerable children; $500,000,000 for HIV/AIDS including not
less than $18,000,000 which shall be made available to support the development
of microbicides as a means for combating HIV/AIDS; $185,000,000 for other
infectious diseases, of which not less than $65,000,000 should be made
available for the prevention, treatment, and control of, and research on,
tuberculosis, and of which not less than $75,000,000 should be made available
to combat malaria; $400,000,000 for family planning/reproductive health,
including in areas where population growth threatens biodiversity or
endangered species; and $120,000,000 for UNICEF: Provided further,
That of the funds appropriated under this heading, $200,000,000 shall be made
available, notwithstanding any other provision of law, for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and
shall be expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That of the funds
appropriated under this heading, up to $60,000,000 should be made available
for a United States contribution to The Vaccine Fund, and up to $12,000,000
should be made available for the International AIDS Vaccine Initiative:
Provided further, That of the funds appropriated under this heading,
$10,000,000 shall be made available to continue to support the provision of
wheelchairs for needy persons in developing countries: Provided
further, That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made available to any
organization or program which, as determined by the Secretary of State,
directly participates in the practice of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made
available under this Act may be used to pay for the performance of abortion as
a method of family planning or to motivate or coerce any person to practice
abortions: Provided further, That none of the funds made available
under this Act may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in developing
nations, funds shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not implement or
be subject to quotas, or other numerical targets, of total number of births,
number of family planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning purposes); (2)
the project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a numerical target
or quota of total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the use
of the method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised of
potential risks and benefits; and, not less than 60 days after the date on
which the Administrator of the United States Agency for International
Development determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on Appropriations a
report containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term `motivate', as it relates to
family planning assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about all pregnancy
options: Provided further, That restrictions with respect to
assistance for HIV/AIDS, family planning, or child survival and health
activities shall not be construed to restrict assistance in support of
programs to expand the availability and use of condoms for HIV/AIDS prevention
and of contraceptives from funds appropriated by this Act: Provided
further, That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections 103, 105,
106, and 131, and chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,350,000,000, to remain available until September 30, 2004:
Provided, That none of the funds appropriated under title II of this
Act that are managed by or allocated to the United States Agency for
International Development's Global Development Alliance Secretariat, may be
made available except through the regular notification procedures of the
Committees on Appropriations: Provided further, That $200,000,000
should be allocated for children's basic education: Provided further,
That none of the funds appropriated under this heading may be made available
for any activity which is in contravention to the Convention on International
Trade in Endangered Species of Flora and Fauna: Provided further,
That of the funds appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and victims of war,
not to exceed $32,500, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such programs:
Provided further, That of the aggregate amount of the funds
appropriated by this Act that are made available for agriculture and rural
development programs, $35,000,000 should be made available for plant
biotechnology research and development: Provided further, That not
less than $2,300,000 should be made available for core support for the
International Fertilizer Development Center: Provided further, That
of the funds appropriated under this heading, not less than $1,000,000 shall
be made available for support of the United States Telecommunications Training
Institute: Provided further, That of the funds appropriated under
this heading, not less than $19,000,000 should be made available for the
American Schools and Hospitals Abroad program: Provided further, That
of the funds appropriated by this Act, $450,000,000 should be made available
for water-related assistance programs, of which $100,000,000 shall be made
available for drinking water supply projects.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster relief, rehabilitation,
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, as amended, $255,500,000, to remain available until
expended.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign Assistance
Act of 1961, $65,000,000, to remain available until expended, to support
transition to democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes, revitalize
basic infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the United States Agency for International
Development shall submit a report to the Committees on Appropriations at least
5 days prior to beginning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees, as authorized by
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may be
derived by transfer from funds appropriated by this Act to carry out part I of
such Act and under the heading `Assistance for Eastern Europe and the Baltic
States': Provided, That such funds when added to the funds
transferred pursuant to the authority contained under this heading in Public
Law 107-115, shall not exceed $24,500,000, which shall be made available only
for micro and small enterprise programs, urban programs, and other programs
which further the purposes of part I of the Act: Provided further,
That such costs shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees provided
under this heading. In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for International
Development, $7,591,000, which may be transferred to and merged with the
appropriation for Operating Expenses of the United States Agency for
International Development: Provided further, That funds made
available under this heading shall remain available until September 30,
2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the `Foreign Service Retirement and Disability Fund', as
authorized by the Foreign Service Act of 1980, $45,200,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For necessary expenses to carry out the provisions of section 667,
$571,087,000: Provided, That none of the funds appropriated under
this heading may be made available to finance the construction (including
architect and engineering services), purchase, or long term lease of offices
for use by the United States Agency for International Development, unless the
Administrator has identified such proposed construction (including architect
and engineering services), purchase, or long term lease of offices in a report
submitted to the Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further, That
the previous proviso shall not apply where the total cost of construction
(including architect and engineering services), purchase, or long term lease
of offices does not exceed $1,000,000.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and related costs, and
for the procurement and enhancement of information technology and related
capital investments, pursuant to section 667, $65,000,000, to remain available
until September 30, 2007: Provided, That of the funds appropriated
under this heading, not less than $13,000,000 shall be available for the
procurement and enhancement of information technology and related capital
investments: Provided further, That the funds appropriated under this
heading are in addition to funds otherwise available for such purposes.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667,
$33,046,000, to remain available until September 30, 2004, which sum shall be
available for the Office of the Inspector General of the United States Agency
for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of part
II, $2,250,000,000, to remain available until September 30, 2004:
Provided, That of the funds appropriated under this heading, not less
than $600,000,000 shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act or by October 31, 2002, whichever is later:
Provided further, That not less than $615,000,000 shall be available
only for Egypt, which sum shall be provided on a grant basis, and of which sum
cash transfer assistance shall be provided with the understanding that Egypt
will undertake significant economic reforms which are additional to those
which were undertaken in previous fiscal years, and of which not less than
$200,000,000 shall be provided as Commodity Import Program assistance:
Provided further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that the level of
such assistance does not cause an adverse impact on the total level of
nonmilitary exports from the United States to such country and that Israel
enters into a side letter agreement in an amount proportional to the fiscal
year 1999 agreement: Provided further, That of the funds appropriated
under this heading, $250,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated under this
heading, not less than $75,000,000 shall be made available for humanitarian,
refugee, reconstruction, and development activities, including activities to
promote democratic and economic reform, for the West Bank and Gaza:
Provided further, That $15,000,000 of the funds appropriated under
this heading shall be made available for Cyprus to be used only for
scholarships, administrative support of the scholarship program, bicommunal
projects, and measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the two communities
on Cyprus: Provided further, That $35,000,000 of the funds
appropriated under this heading shall be made available for assistance for
Lebanon to be used, among other programs, for scholarships and direct support
of the American educational institutions in Lebanon: Provided
further, That none of the funds appropriated under this heading may be
made available for assistance for the Central Government of Lebanon:
Provided further, That the Government of Lebanon should enforce the
custody and international pickup orders, issued during calendar year 2001, of
Lebanon's civil courts regarding abducted American children in Lebanon:
Provided further, That of the funds appropriated under this heading,
not less than $25,000,000 shall be made available for assistance for East
Timor of which up to $1,000,000 may be available for administrative expenses
of the United States Agency for International Development: Provided
further, That funds appropriated under this heading may be used,
notwithstanding any other provision of law, to provide assistance to the
National Democratic Alliance of Sudan to strengthen its ability to protect
civilians from attacks, slave raids, and aerial bombardment by the Sudanese
Government forces and its militia allies, and the provision of such funds
shall be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That in the previous proviso, the
term `assistance' includes non-lethal, non-food aid such as blankets,
medicine, fuel, mobile clinics, water drilling equipment, communications
equipment to notify civilians of aerial bombardment, non-military vehicles,
tents, and shoes: Provided further, That with respect to funds
appropriated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing, and related programs,
the responsibility for policy decisions and justifications for the use of such
funds, including whether there will be a program for a country that uses those
funds and the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this responsibility
shall not be delegated.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support for East European Democracy (SEED) Act
of 1989, $555,000,000, to remain available until September 30, 2004, which
shall be available, notwithstanding any other provision of law, for assistance
and for related programs for Eastern Europe and the Baltic States:
Provided, That funds made available for assistance for Kosovo from
funds appropriated under this heading and under the headings `Economic Support
Fund' and `International Narcotics Control and Law Enforcement' should not
exceed 15 percent of the total resources pledged by all donors for calendar
year 2003 for assistance for Kosovo as of March 31, 2003: Provided
further, That none of the funds made available under this Act for
assistance for Kosovo shall be made available for large scale physical
infrastructure reconstruction: Provided further, That of the funds
made available under this heading for assistance for Kosovo, $2,000,000 shall
be made available for assistance to support training programs for Kosovar
women: Provided further, That of the funds made available under this
heading for assistance for Bulgaria, $5,000,000 shall be made available for
full scope simulators to enhance safety at nuclear power plants: Provided
further, That of the funds available under this heading for assistance
for Serbia, an amount equal to the amount that the Secretary of State
determines the Government of the Federal Republic of Yugoslavia, including the
military of such government, has expended during calendar year 2002 to support
the development or maintenance of parallel security structures in northern
Kosovo, except those structures authorized under United Nations Security
Council Resolution 1244, shall be withheld from obligation for assistance for
such government: Provided further, That of the funds made available
under this heading, $750,000 shall be made available for regional programs and
activities to promote reconciliation among ethnic groups within the former
Yugoslavia.
(b) Funds appropriated under this heading or in prior appropriations Acts
that are or have been made available for an Enterprise Fund may be deposited
by such Fund in interest-bearing accounts prior to the Fund's disbursement of
such funds for program purposes. The Fund may retain for such program purposes
any interest earned on such deposits without returning such interest to the
Treasury of the United States and without further appropriation by the
Congress. Funds made available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act for the
use of economic assistance.
(d) With regard to funds appropriated under this heading for the economic
revitalization program in Bosnia and Herzegovina, and local currencies
generated by such funds (including the conversion of funds appropriated under
this heading into currency used by Bosnia and Herzegovina as local currency
and local currency returned or repaid under such program) the Administrator of
the United States Agency for International Development shall provide written
approval for grants and loans prior to the obligation and expenditure of funds
for such purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(e) The provisions of section 529 of this Act shall apply to funds made
available under subsection (d) and to funds appropriated under this heading:
Provided, That notwithstanding any provision of this or any other
Act, including provisions in this subsection regarding the application of
section 529 of this Act, local currencies generated by, or converted from,
funds appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989.
(f) The President is authorized to withhold funds appropriated under this
heading made available for economic revitalization programs in Bosnia and
Herzegovina, if he determines and certifies to the Committees on
Appropriations that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework Agreement for Peace in
Bosnia and Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related activities
between state sponsors of terrorism and terrorist organizations and Bosnian
officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of chapters 11 and
12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the Independent States of the former Soviet Union and
for related programs, $765,000,000, to remain available until September 30,
2004: Provided, That the provisions of such chapters shall apply to
funds appropriated by this paragraph: Provided further, That of the
funds made available for the Southern Caucasus region, notwithstanding any
other provision of law, funds may be used for confidence-building measures and
other activities in furtherance of the peaceful resolution of the regional
conflicts, especially those in the vicinity of Abkhazia and Nagorno-Karabagh:
Provided further, That of the funds appropriated under this heading
$17,500,000 shall be made available solely for the Russian Far East:
Provided further, That, notwithstanding any other provision of law,
funds appropriated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing, or related programs,
that are made available pursuant to the provisions of section 807 of the
FREEDOM Support Act (Public Law 102-511) shall be subject to the ceiling on
administrative expenses contained in section 807(a)(5) of the FREEDOM Support
Act.
(b) Of the funds appropriated under this heading, up to $155,000,000 may
be made available for assistance for Ukraine: Provided, That of this
amount, not less than $30,000,000 shall be made available for nuclear reactor
safety initiatives and not less than $3,000,000 shall be made available for
coal mine safety programs, including mine ventilation and fire prevention and
control.
(c) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia.
(d) Of the funds appropriated under this heading, $87,000,000 should be
made available for assistance for Georgia.
(e)(1) Of the funds appropriated under this heading that are allocated for
assistance for the Government of the Russian Federation, 60 percent shall be
withheld from obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements to provide Iran with
technical expertise, training, technology, or equipment necessary to develop
a nuclear reactor, related nuclear research facilities or programs, or
ballistic missile capability; and
(B) is providing unimpeded access to international non-government
organizations providing humanitarian relief to refugees and internally
displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival activities,
or assistance for victims of trafficking in persons; and
(B) activities authorized under title V (Nonproliferation and
Disarmament Programs and Activities) of the FREEDOM Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under title V of the
FREEDOM Support Act and section 1424 of Public Law 104-201 or
non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United States and
Foreign Commercial Service while acting within his or her official
capacity;
(4) any insurance, reinsurance, guarantee or other assistance provided
by the Overseas Private Investment Corporation under title IV of chapter 2
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import Bank Act of 1945;
or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the Inter-American
Foundation in accordance with the provisions of section 401 of the Foreign
Assistance Act of 1969, $16,385,000, to remain available until September 30,
2004.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International Security
and Development Cooperation Act of 1980, Public Law 96-533, $17,689,000, to
remain available until September 30, 2004: Provided, That funds made
available to grantees may be invested pending expenditure for project purposes
when authorized by the board of directors of the Foundation: Provided
further, That interest earned shall be used only for the purposes for
which the grant was made: Provided further, That this authority
applies to interest earned both prior to and following enactment of this
provision: Provided further, That notwithstanding section 505(a)(2)
of the African Development Foundation Act, in exceptional circumstances the
board of directors of the Foundation may waive the $250,000 limitation
contained in that section with respect to a project: Provided
further, That the Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace Corps Act
(75 Stat. 612), $285,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appropriated under
this heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain available until
September 30, 2004.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961, $196,713,000, to remain available until expended:
Provided, That any funds made available under this heading for
anti-crime programs and activities shall be made available subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That during fiscal year 2003, the Department of
State may also use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property from
an agency of the United States Government for the purpose of providing it to a
foreign country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, up to
$20,000,000 should be made available for anti-trafficking in persons programs,
including trafficking prevention, protection and assistance for victims, and
prosecution of traffickers: Provided further, That of the funds
appropriated under this heading, not more than $19,600,000 may be available
for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961 solely to support counterdrug activities in the Andean region of
South America, $637,000,000, to remain available until expended:
Provided, That in addition to the funds appropriated under this
heading and subject to the regular notification procedures of the Committees
on Appropriations, the President may make available up to an additional
$35,000,000 for the Andean Counterdrug Initiative, which may be derived from
funds appropriated under the heading `International Narcotics Control and Law
Enforcement' in this Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs: Provided further,
That of the amount appropriated under this heading, not less than $215,000,000
shall be apportioned directly to the United States Agency for International
Development, to be used for economic and social programs: Provided
further, That of the funds appropriated under this heading and under the
heading `Foreign Military Financing Program', not less than $5,000,000 shall
be made available to train and equip a Colombian Armed Forces unit dedicated
to apprehending the leaders of paramilitary organizations: Provided
further, That of the funds made available for assistance for Colombia
under this heading, not less than $2,000,000 shall be made available for
vehicles, equipment, and other assistance for the human rights unit of the
Procurador General: Provided further, That funds appropriated by this
Act that are used for the procurement of chemicals, equipment or services for
aerial coca fumigation programs may be made available for such programs only
if the Secretary of State, after consultation with the Administrator of the
Environmental Protection Agency and, if appropriate, the Director of the
Centers for Disease Control and Prevention, certifies to the Committees on
Appropriations that: (1) aerial coca fumigation is being carried out in
accordance with regulatory controls required by the Environmental Protection
Agency for use in the United States and, after consultation with the Colombian
Government, in accordance with Colombian laws and the Colombian Environmental
Management Plan for aerial fumigation; (2) effective monitoring and
enforcement mechanisms are being utilized in Colombia to ensure compliance
with such laws, regulatory controls and Plan; (3) the chemicals used in the
aerial fumigation of coca, in the manner in which they are being applied, do
not pose unreasonable risks or adverse effects to humans or the environment;
and (4) procedures are available to evaluate claims of local citizens that
their health was harmed or their licit agricultural crops were damaged by such
aerial coca fumigation, and to provide fair compensation for meritorious
claims; and such funds may not be made available for such purposes unless
alternative development programs have been developed by the United States
Agency for International Development and the Government of Colombia, in
consultation with communities and local authorities, in the departments in
which such aerial coca fumigation is planned, and such programs are being
implemented in the departments in which such aerial coca fumigation has been
conducted: Provided further, That none of the funds appropriated by
this Act may be made available to support a Peruvian air interdiction program
until the Secretary of State and Director of Central Intelligence certify to
the Congress, 30 days before any resumption of United States involvement in a
Peruvian air interdiction program, that an air interdiction program that
permits the ability of the Peruvian Air Force to shoot down aircraft will
include effective safeguards and procedures to prevent the occurrence of any
incident similar to the April 20, 2001 incident: Provided further,
That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act of
1961, as amended, shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That the provisions of section 3204(b) through (h) of Public Law 106-246, as
amended by Public Law 107-115, shall be applicable to funds appropriated for
fiscal year 2003: Provided further, That no United States Armed
Forces personnel or United States civilian contractor employed by the United
States will participate in any combat operation in connection with assistance
made available by this Act: Provided further, That the President
shall ensure that if any helicopter procured with funds under this heading is
used to aid or abet the operations of any illegal self-defense group or
illegal security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, That of the funds appropriated
under this heading, not less than $3,500,000 shall be made available for
assistance for the Colombian National Park Service for training, equipment,
and other assistance to protect Colombia's national parks and reserves:
Provided further, That funds made available under this heading shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated
under this heading, not more than $14,240,000 may be available for
administrative expenses of the Department of State, and not more than
$4,500,000 may be available for administrative expenses of the United States
Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to the
International Committee of the Red Cross, assistance to refugees, including
contributions to the International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities to meet refugee
and migration needs; salaries and expenses of personnel and dependents as
authorized by the Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $782,000,000, which shall remain available until
expended: Provided, That not more than $16,565,000 may be available
for administrative expenses: Provided further, That $60,000,000 of
the funds made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and other refugees
resettling in Israel: Provided further, That funds made available
under this heading should be made available to international organizations for
assistance for refugees from North Korea: Provided further, That no
later than 30 days after enactment of this Act, the Secretary of State shall
transmit to the Committees on Appropriations a report in accordance with the
directive contained under the heading `Protection of International
Humanitarian Relief Workers' in Senate Report 107-58.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of the
Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)),
$32,000,000, to remain available until expended: Provided, That the
funds made available under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of the Act which would limit the
amount of funds which could be appropriated for this purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism, demining and
related programs and activities, $376,400,000, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities, the
clearance of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including activities
implemented through nongovernmental and international organizations, section
301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency and a voluntary contribution to the Korean
Peninsula Energy Development Organization: Provided, That of this
amount, $18,200,000 shall be made available for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
Provided further, That of this amount not to exceed $15,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other provision of
law, to promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such funds
may also be used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is in the national
security interest of the United States to do so following consultation with
the appropriate committees of Congress: Provided further, That funds
appropriated under this heading may be made available for the International
Atomic Energy Agency only if the Secretary of State determines (and so reports
to the Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That of the funds
appropriated under this heading, $57,000,000 should be made available for
demining and related activities, of which not to exceed $675,000, in addition
to funds otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of the demining program:
Provided further, That of the funds appropriated under this heading,
$53,500,000 should be made available for a voluntary contribution to the
International Atomic Energy Agency: Provided further, That of the
funds appropriated under this heading, $4,000,000 should be made available to
support the Small Arms Destruction Initiative.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section 129 of the
Foreign Assistance Act of 1961 (relating to international affairs technical
assistance activities), $10,500,000, to remain available until expended, which
shall be available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, of modifying loans and loan guarantees, pursuant to the provisions of
part V of the Foreign Assistance Act of 1961, the Tropical Forestry
Conservation Act of 1998, $40,000,000, to remain available until September 30,
2004: Provided, That funds appropriated in this paragraph that are
not obligated for the cost of modifying such loans and loan guarantees by June
30, 2004, shall be transferred to and merged with funds appropriated by this
Act under the heading `Development Assistance' and made available to carry out
tropical forest conservation activities authorized by the Foreign Assistance
Act of 1961.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of the
Foreign Assistance Act of 1961, $80,000,000, of which up to $3,000,000 may
remain available until September 30, 2004: Provided, That the
civilian personnel for whom military education and training may be provided
under this heading may include civilians who are not members of a government
whose participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights: Provided
further, That none of the funds appropriated under this heading may be
made available for travel or other purposes that do not directly expose the
individual participants to government officials or institutions or to other
individuals or organizations engaged in activities involving public policy:
Provided further, That funds appropriated under this heading for
military education and training for Guatemala may only be available for
expanded international military education and training and funds made
available for Algeria and Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to carry out the
provisions of section 23 of the Arms Export Control Act, $4,067,000,000:
Provided, That of the funds appropriated under this heading,
$2,100,000,000 shall be available for grants only for Israel, and
$1,300,000,000 shall be made available for grants only for Egypt: Provided
further, That the funds appropriated by this paragraph for Israel shall
be disbursed within 30 days of the enactment of this Act or by October 31,
2002, whichever is later: Provided further, That to the extent that
the Government of Israel requests that funds be used for such purposes, grants
made available for Israel by this paragraph shall, as agreed by Israel and the
United States, be available for advanced weapons systems, of which
$550,000,000 shall be available for the procurement in Israel of defense
articles and defense services, including research and development:
Provided further, That of the funds appropriated by this paragraph,
$198,000,000 shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated by this paragraph, not less than
$3,000,000 shall be made available for assistance for Armenia: Provided
further, That except as provided in the following proviso, none of the
funds appropriated by this paragraph shall be made available for helicopters
and related support costs for Colombia: Provided further, That up to
$88,000,000 of the funds appropriated by this paragraph may be transferred to
and merged with funds appropriated under the heading `International Narcotics
Control and Law Enforcement' for helicopters, training and other assistance
for the Colombian Armed Forces for security for the Cano Limon pipeline:
Provided further, That funds appropriated by this paragraph shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be available to
finance the procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be financed with
such funds: Provided, That all country and funding level increases in
allocations shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for Sudan
and Liberia: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for demining,
the clearance of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds appropriated
under this heading shall be available for assistance for Guatemala:
Provided further, That only those countries for which assistance was
justified for the `Foreign Military Sales Financing Program' in the fiscal
year 1989 congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are not
sold by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$35,000,000 of the funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general costs
of administering military assistance and sales: Provided further,
That not more than $350,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
incurred by the Department of Defense during fiscal year 2003 pursuant to
section 43(b) of the Arms Export Control Act, except that this limitation may
be exceeded only through the regular notification procedures of the Committees
on Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year 2003 shall
be transferred to an interest bearing account for Egypt in the Federal Reserve
Bank of New York within 30 days of enactment of this Act or by October 31,
2002, whichever is later.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of the
Foreign Assistance Act of 1961, $125,250,000: Provided, That of the
funds appropriated under this heading, not less than $7,000,000 should be made
available for assistance for Afghanistan: Provided further, That of
the funds appropriated under this heading, not less than $50,000,000 should be
available for assistance for Africa Regional Peacekeeping Operations and the
Africa Crisis Response Initiative: Provided further, That none of the
funds appropriated under this heading shall be obligated or expended except as
provided through the regular notification procedures of the Committees on
Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment Facility,
$177,812,533, to the International Bank for Reconstruction and Development as
trustee for the Global Environment Facility, by the Secretary of the Treasury,
to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the Secretary
of the Treasury, $837,338,333, to remain available until expended:
Provided, That in negotiating United States participation in the next
replenishment of the International Development Association, the Secretary of
the Treasury shall accord high priority to providing the International
Development Association with the policy flexibility to provide new grant
assistance to countries eligible for debt reduction under the enhanced HIPC
Initiative.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $2,631,000, for the United States paid-in share of
the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Investment Guarantee Agency
may subscribe without fiscal year limitation for the callable capital portion
of the United States share of such capital stock in an amount not to exceed
$14,825,178.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation, by the Secretary
of the Treasury, $18,351,667, for the United States share of the increase in
subscriptions to capital stock, to remain available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral Investment
Fund by the Secretary of the Treasury, for the United States contribution to
the fund, $29,590,667, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the
increase in resources of the Asian Development Fund, as authorized by the
Asian Development Bank Act, as amended, $127,386,133, to remain available
until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary of the
Treasury, $5,104,473, for the United States paid-in share of the increase in
capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank may subscribe
without fiscal year limitation for the callable capital portion of the United
States share of such capital stock in an amount not to exceed $79,602,688.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the
increase in resources of the African Development Fund, $108,073,333, to remain
available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and Development by the
Secretary of the Treasury, $35,804,955 for the United States share of the
paid-in portion of the increase in capital stock, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for Reconstruction and
Development may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock in an amount
not to exceed $123,328,178.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury to
increase the resources of the International Fund for Agricultural Development,
$15,003,667, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of the
Foreign Assistance Act of 1961, and of section 2 of the United Nations
Environment Program Participation Act of 1973, $230,461,000:
Provided, That none of the funds appropriated under this heading may
be made available to the Korean Peninsula Energy Development Organization or
the International Atomic Energy Agency: Provided further, That of the
funds appropriated under this heading, not less than $50,000,000 shall be made
available for the United Nations Population Fund and such funds shall be
disbursed within 30 days of the enactment of this Act or by October 31, 2002,
whichever is later: Provided further, That of the funds appropriated
under this heading, $13,486,000 shall be made available for the United Nations
Environment Program: Provided further, That of the funds appropriated
under this heading, a total of $15,100,000 should be made available for
International Conservation Programs and the International Panel on Climate
Change/United Nations Framework Convention on Climate Change: Provided
further, That of the funds appropriated under this heading, not less than
the following amounts should be made available for the following programs:
$6,500,000 for Organization of American States Democracy Assistance Programs,
$3,500,000 for the Organization of American States Fund for Strengthening
Democracy, $6,000,000 for the World Food Program, $2,000,000 for International
Contributions for Scientific, Educational, and Cultural Activities, and
$1,000,000 for the United Nations Center for Human Settlements.
TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled `International Disaster
Assistance', and `United States Emergency Refugee and Migration Assistance
Fund', not more than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of availability.
PRIVATE AND VOLUNTARY ORGANIZATIONS
SEC. 502. (a) None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available to any United
States private and voluntary organization, except any cooperative development
organization, which obtains less than 20 percent of its total annual funding
for international activities from sources other than the United States
Government: Provided, That the Administrator of the United States
Agency for International Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the restriction contained
in this subsection, after taking into account the effectiveness of the
overseas development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency.
(b) Funds appropriated or otherwise made available under title II of this
Act should be made available to private and voluntary organizations at a level
which is at least equivalent to the level provided in fiscal year 1995.
LIMITATION ON RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant to this
Act, not to exceed $100,500 shall be for official residence expenses of the
United States Agency for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
LIMITATION ON EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant to this
Act, not to exceed $5,000 shall be for entertainment expenses of the United
States Agency for International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant to this
Act, not to exceed $125,000 shall be available for representation allowances
for the United States Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading `Foreign Military Financing
Program', not to exceed $2,000 shall be available for entertainment expenses
and not to exceed $125,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act under
the heading `International Military Education and Training', not to exceed
$50,000 shall be available for entertainment allowances: Provided
further, That of the funds made available by this Act for the
Inter-American Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further, That
of the funds made available by this Act for the Peace Corps, not to exceed a
total of $4,000 shall be available for entertainment expenses: Provided
further, That of the funds made available by this Act under the heading
`Trade and Development Agency', not to exceed $2,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available (other than
funds for `Nonproliferation, Anti-terrorism, Demining and Related Programs')
pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria: Provided, That for purposes of this section, the prohibition
on obligations or expenditures shall include direct loans, credits, insurance
and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance to the government of any country whose duly elected head of
government is deposed by decree or military coup: Provided, That
assistance may be resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office: Provided further, That the provisions of this section shall
not apply to assistance to promote democratic elections or public
participation in democratic processes: Provided further, That funds
made available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
TRANSFERS BETWEEN ACCOUNTS
SEC. 509. None of the funds made available by this Act may be obligated
under an appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President, prior
to the exercise of any authority contained in the Foreign Assistance Act of
1961 to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY
SEC. 510. Obligated balances of funds appropriated to carry out section 23
of the Arms Export Control Act as of the end of the fiscal year immediately
preceding the current fiscal year are, if deobligated, hereby continued
available during the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act: Provided,
That the authority of this section may not be used in fiscal year 2003.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act shall remain
available for obligation after the expiration of the current fiscal year
unless expressly so provided in this Act: Provided, That funds
appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section
667, chapter 4 of part II of the Foreign Assistance Act of 1961, as amended,
section 23 of the Arms Export Control Act, and funds provided under the
heading `Assistance for Eastern Europe and the Baltic States', shall remain
available for an additional four years from the date on which the availability
of such funds would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of availability
contained in this Act: Provided further, That, notwithstanding any
other provision of this Act, any funds made available for the purposes of
chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall remain
available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act shall be used
to furnish assistance to the government of any country which is in default
during a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to the government of such country by
the United States pursuant to an assistance program for which funds are
appropriated under this Act unless the Secretary of State determines,
following consultations with the Committees on Appropriations, that assistance
to such country is in the national interest of the United States.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available pursuant to
this Act for direct assistance and none of the funds otherwise made available
pursuant to this Act to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance any loan, any
assistance or any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers of the
same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment of
its Board of Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States producers of the
same, similar, or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available
for any testing or breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an agricultural
commodity for export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact in the
export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS
SEC. 515. For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available under
this Act for `Child Survival and Health Programs Fund', `Development
Assistance', `International Organizations and Programs', `Trade and
Development Agency', `International Narcotics Control and Law Enforcement',
`Andean Counterdrug Initiative', `Assistance for Eastern Europe and the Baltic
States', `Assistance for the Independent States of the Former Soviet Union',
`Economic Support Fund', `Peacekeeping Operations', `Operating Expenses of the
United States Agency for International Development', `Operating Expenses of
the United States Agency for International Development Office of Inspector
General', `Nonproliferation, Anti-terrorism, Demining and Related Programs',
`Foreign Military Financing Program', `International Military Education and
Training', `Peace Corps', and `Migration and Refugee Assistance', shall be
available for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess of the
amount justified to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees of both Houses of
Congress are previously notified 15 days in advance: Provided, That
the President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the provision of
major defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are notified 15
days in advance of such commitment: Provided further, That this
section shall not apply to any reprogramming for an activity, program, or
project under chapter 1 of part I of the Foreign Assistance Act of 1961 of
less than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal year:
Provided further, That the requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure to do so would
pose a substantial risk to human health or welfare: Provided further,
That in case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an explanation
of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
SEC. 516. Subject to the regular notification procedures of the Committees
on Appropriations, funds appropriated under this Act or any previously enacted
Act making appropriations for foreign operations, export financing, and
related programs, which are returned or not made available for organizations
and programs because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation until September
30, 2004.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading `Assistance
for the Independent States of the Former Soviet Union' shall be made available
for assistance for a government of an Independent State of the former Soviet
Union--
(1) unless that government is making progress in implementing
comprehensive economic reforms based on market principles, private
ownership, respect for commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United States assistance to
any entity for the purpose of expropriating or seizing ownership or control
of assets, investments, or ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' shall be made available for
assistance for a government of an Independent State of the former Soviet Union
if that government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the Helsinki Final Act:
Provided, That such funds may be made available without regard to the
restriction in this subsection if the President determines that to do so is in
the national security interest of the United States.
(c) None of the funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' shall be made available for any
state to enhance its military capability: Provided, That this
restriction does not apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading `Assistance for the Independent
States of the Former Soviet Union' for the Russian Federation, Armenia,
Georgia, and Ukraine shall be subject to the regular notification procedures
of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the Independent
States of the former Soviet Union shall be subject to the provisions of
section 117 (relating to environment and natural resources) of the Foreign
Assistance Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that are or
have been made available for an Enterprise Fund in the Independent States of
the Former Soviet Union may be deposited by such Fund in interest-bearing
accounts prior to the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any interest earned on
such deposits without returning such interest to the Treasury of the United
States and without further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making grants,
with funds appropriated in this Act or prior appropriations Acts under the
heading `Assistance for the Independent States of the Former Soviet Union' and
under comparable headings in prior appropriations Acts, for projects or
activities that have as one of their primary purposes the fostering of private
sector development, the Coordinator for United States Assistance to the New
Independent States and the implementing agency shall encourage the
participation of and give significant weight to contractors and grantees who
propose investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 518. Not to exceed 5 percent of any appropriation other than for
administrative expenses made available for fiscal year 2003, for programs
under title I of this Act may be transferred between such appropriations for
use for any of the purposes, programs, and activities for which the funds in
such receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25 percent by
any such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of the Committees on
Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 519. None of the funds appropriated by this Act shall be obligated or
expended for Colombia, Haiti, Liberia, Serbia, Sudan, Zimbabwe, Nigeria,
Pakistan, or the Democratic Republic of the Congo except as provided through
the regular notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 520. For the purpose of this Act, `program, project, and activity'
shall be defined at the appropriations Act account level and shall include all
appropriations and authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic Support Fund and
Foreign Military Financing Program, `program, project, and activity' shall
also be considered to include country, regional, and central program level
funding within each such account; for the development assistance accounts of
the United States Agency for International Development `program, project, and
activity' shall also be considered to include central program level funding,
either as: (1) justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 521. Up to $15,500,000 of the funds made available by this Act for
assistance under the heading `Child Survival and Health Programs Fund', may be
used to reimburse United States Government agencies, agencies of State
governments, institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for the personal
services of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International Development for
the purpose of carrying out activities under that heading: Provided,
That up to $3,500,000 of the funds made available by this Act for assistance
under the heading `Development Assistance' may be used to reimburse such
agencies, institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided
further, That funds appropriated by this Act that are made available for
child survival activities or health programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may be
made available notwithstanding any other provision of law: Provided
further, That funds appropriated under title II of this Act may be made
available pursuant to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and related programs:
Provided further, That of the funds appropriated under title II of
this Act, $450,000,000 shall be made available for family
planning/reproductive health.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 522. Prior to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on Appropriations
in accordance with the regular notification procedures of such Committees if
such defense articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles: Provided
further, That such Committees shall also be informed of the original
acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
SEC. 523. Funds appropriated by this Act, except funds appropriated under
the headings `Peace Corps' and `Trade and Development Agency', may be
obligated and expended notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of 1956.
DEMOCRACY PROGRAMS
SEC. 524. (a) Notwithstanding any other provision of law, of the funds
appropriated by this Act to carry out the provisions of chapter 4 of part II
of the Foreign Assistance Act of 1961, not less than $25,000,000 shall be made
available for assistance for activities to support democracy, human rights,
and the rule of law in the People's Republic of China, Hong Kong and Tibet, of
which not less than $15,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights and Labor,
Department of State, for such activities in the People's Republic of China:
Provided, That not to exceed $3,000,000 may be made available to
nongovernmental organizations to support activities which preserve cultural
traditions and promote sustainable development and environmental conservation
in Tibetan communities in Tibet: Provided further, That funds
appropriated by this Act that are provided to the National Endowment for
Democracy may be made available notwithstanding any other provision of law or
regulation: Provided further, That funds made available pursuant to
the authority of this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) In addition to the funds made available in subsection (a), of the
funds appropriated by this Act under the heading `Economic Support Fund' not
less than $15,000,000 shall be made available for programs and activities to
foster democracy, human rights, women's development, press freedoms, and the
rule of law in countries with a significant Muslim population, and where such
programs and activities would be important to United States efforts to respond
to, deter, or prevent acts of international terrorism: Provided, That
funds made available pursuant to the authority of this subsection should
support new initiatives or bolster ongoing programs and activities in those
countries: Provided further, That of this amount, not less than
$10,000,000 shall be made available for the Human Rights and Democracy Fund of
the Bureau of Democracy, Human Rights and Labor, Department of State, and not
less than $3,000,000 shall be made available for programs and activities that
provide professional training for journalists: Provided further, That
funds made available pursuant to this subsection shall be subject to the
regular notification procedures of the Committees on Appropriations.
(c) Funds made available under this section that are made available for
the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights,
and Labor, Department of State, are in addition to the $12,000,000 requested
by the President for the Fund for fiscal year 2003.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 525. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not be made
available to the government of any country which the President determines--
(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to the
government of a country if the President determines that national security or
humanitarian reasons justify such waiver. At least 15 days before the waiver
takes effect, the President shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on Appropriations.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY
EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 526. (a) None of the funds appropriated or otherwise made available
by this Act may be available to any foreign government which provides lethal
military equipment to a country the government of which the Secretary of State
has determined is a terrorist government for purposes of section 6(j) of the
Export Administration Act. The prohibition under this section with respect to
a foreign government shall terminate 12 months after that government ceases to
provide such military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October 1,
1997.
(b) Assistance restricted by subsection (a) or any other similar provision
of law, may be furnished if the President determines that furnishing such
assistance is important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the President
shall submit to the appropriate congressional committees a report with respect
to the furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated dollar
amount of such assistance, and an explanation of how the assistance furthers
United States national interests.
DEBT-FOR-DEVELOPMENT
SEC. 527. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under the
Foreign Assistance Act of 1961, including endowments, debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which is a grantee
or contractor of the United States Agency for International Development may
place in interest bearing accounts funds made available under this Act or
prior Acts or local currencies which accrue to that organization as a result
of economic assistance provided under title II of this Act and any interest
earned on such investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 528. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES- (1) If assistance is
furnished to the government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International Development
shall--
(A) require that local currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited
may be utilized, consistent with this section; and
(C) establish by agreement with that government the responsibilities of
the United States Agency for International Development and that government
to monitor and account for deposits into and disbursements from the separate
account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as
the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) PROGRAMMING ACCOUNTABILITY- The United States Agency for International
Development shall take all necessary steps to ensure that the equivalent of
the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance to
a country under chapter 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and the United States
Government.
(5) REPORTING REQUIREMENT- The Administrator of the United States Agency
for International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on the
use of local currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar equivalent)
used and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS- (1) If assistance is made
available to the government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account and not commingle them
with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be obligated
and expended notwithstanding provisions of law which are inconsistent with the
nature of this assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference accompanying House
Joint Resolution 648 (House Report No. 98-1159).
(3) NOTIFICATION- At least 15 days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will be
promoted by such assistance).
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from the
requirements of subsection (b)(1) only through the notification procedures of
the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
SEC. 529. (a) No funds appropriated by this Act may be made as payment to
any international financial institution while the United States Executive
Director to such institution is compensated by the institution at a rate
which, together with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States Director to such
institution is compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, `international financial institutions'
are: the International Bank for Reconstruction and Development, the
Inter-American Development Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the African Development Fund,
the International Monetary Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 530. None of the funds appropriated or otherwise made available
pursuant to this Act to carry out the Foreign Assistance Act of 1961
(including title IV of chapter 2 of part I, relating to the Overseas Private
Investment Corporation) or the Arms Export Control Act may be used to provide
assistance to any country that is not in compliance with the United Nations
Security Council sanctions against Iraq unless the President determines and so
certifies to the Congress that--
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people in that
country; or
(3) the assistance to be provided will be humanitarian assistance for
foreign nationals who have fled Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
SEC. 531. Unless expressly provided to the contrary, provisions of this or
any other Act, including provisions contained in prior Acts authorizing or
making appropriations for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American Foundation Act or the
African Development Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 532. None of the funds appropriated by this Act may be obligated or
expended to provide--
(a) any financial incentive to a business enterprise currently located
in the United States for the purpose of inducing such an enterprise to
relocate outside the United States if such incentive or inducement is likely
to reduce the number of employees of such business enterprise in the United
States because United States production is being replaced by such enterprise
outside the United States; or
(b) assistance for any program, project, or activity that contributes to
the violation of internationally recognized workers rights, as defined in
section 507(4)(E) of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that country:
Provided, That the application of section 507(4)(E) of such Act
should be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the informal
sector in such country, micro and small-scale enterprise, and smallholder
agriculture.
SPECIAL AUTHORITIES
SEC. 533. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED
CHILDREN, AND DISPLACED BURMESE- Funds appropriated by this Act that are made
available for assistance for Afghanistan, and funds appropriated in titles I
and II of this Act that are made available for victims of war, displaced
children, and displaced Burmese, may be made available notwithstanding any
other provision of law: Provided, That any such funds that are made
available for Cambodia shall be subject to the provisions of section 531(e) of
the Foreign Assistance Act of 1961 and section 906 of the International
Security and Development Cooperation Act of 1985.
(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES- Funds
appropriated by this Act to carry out the provisions of sections 103 through
106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities and
energy programs aimed at reducing greenhouse gas emissions: Provided,
That such assistance shall be subject to sections 116, 502B, and 620A of the
Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS- Funds appropriated by this Act to carry
out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded overseas programs and
activities and managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out the Foreign Assistance
Act of 1961 may be made available for personal services contractors assigned
only to the Office of Health and Nutrition; the Office of Procurement; the
Bureau for Africa; the Bureau for Latin America and the Caribbean; and the
Bureau for Asia and the Near East: Provided further, That such funds
appropriated to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER- The President may waive the provisions of section 1003 of
Public Law 100-204 if the President determines and certifies in writing to the
Speaker of the House of Representatives and the President pro tempore of the
Senate that it is important to the national security interests of the United
States.
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph (1)
shall be effective for no more than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment of this Act.
(e) CONTINGENCIES- During fiscal year 2003, the President may use up to
$45,000,000 under the authority of section 451 of the Foreign Assistance Act,
notwithstanding the funding ceiling in section 451(a).
(f) SMALL BUSINESS- In entering into multiple award indefinite-quantity
contracts with funds appropriated by this Act, the United States Agency for
International Development may provide an exception to the fair opportunity
process for placing task orders under such contracts when the order is placed
with any category of small or small disadvantaged business.
(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY- In providing assistance with
funds appropriated by this Act under section 660(b)(6) of the Foreign
Assistance Act of 1961, support for a nation emerging from instability may be
deemed to mean support for regional, district, municipal, or other
sub-national entity emerging from instability, as well as a nation emerging
from instability.
(h) REPEAL- Section 545(d) of Public Law 106-429, and comparable
provisions contained in prior Acts making appropriations for foreign
operations, export financing, and related programs, are hereby repealed.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 534. It is the sense of the Senate that--
(1) the Arab League boycott of Israel, and the secondary boycott of
American firms that have commercial ties with Israel, is an impediment to
peace in the region and to United States investment and trade in the Middle
East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated in 1997,
should be immediately and publicly terminated, and the Central Office for
the Boycott of Israel immediately disbanded;
(3) the three Arab League countries with diplomatic and trade relations
with Israel should return their ambassadors to Israel, should refrain from
downgrading their relations with Israel, and should play a constructive role
in securing a peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize relations with
their neighbor Israel;
(5) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find concrete steps
to demonstrate that opposition by, for example, taking into consideration
the participation of any recipient country in the boycott when determining
to sell weapons to said country; and,
(6) the President should report to Congress annually on specific steps
being taken by the United States to encourage Arab League states to
normalize their relations with Israel to bring about the termination of the
Arab League boycott of Israel, including those to encourage allies and
trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses that do
comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
SEC. 535. Of the funds appropriated or otherwise made available by this
Act for `Economic Support Fund', assistance may be provided to strengthen the
administration of justice in countries in Latin America and the Caribbean and
in other regions consistent with the provisions of section 534(b) of the
Foreign Assistance Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted notwithstanding section 660 of
that Act. Funds made available pursuant to this section may be made available
notwithstanding section 534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 536. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS-
Restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance in support of programs
of nongovernmental organizations from funds appropriated by this Act to carry
out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and from funds appropriated
under the heading `Assistance for Eastern Europe and the Baltic States':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental organizations,
the President shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of the
program to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory prohibitions
against abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480- During fiscal year 2003, restrictions contained in
this or any other Act with respect to assistance for a country shall not be
construed to restrict assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION- This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act of 1961
or any comparable provision of law prohibiting assistance to countries that
support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act of 1961 or
any comparable provision of law prohibiting assistance to the government of
a country that violates internationally recognized human rights.
EARMARKS
SEC. 537. (a) Funds appropriated by this Act which are earmarked may be
reprogrammed for other programs within the same account notwithstanding the
earmark if compliance with the earmark is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance that
is reprogrammed pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the original
period of availability of funds appropriated by this Act and administered by
the United States Agency for International Development that are earmarked for
particular programs or activities by this or any other Act shall be extended
for an additional fiscal year if the Administrator of such agency determines
and reports promptly to the Committees on Appropriations that the termination
of assistance to a country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the original period
of availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be obligated only for
the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 538. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs. Earmarks or
minimum funding requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 539. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes within the United States not authorized
before the date of the enactment of this Act by the Congress:
Provided, That not to exceed $750,000 may be made available to carry
out the provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 540. None of the funds appropriated or made available pursuant to
this Act for carrying out the Foreign Assistance Act of 1961, may be used to
pay in whole or in part any assessments, arrearages, or dues of any member of
the United Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international conferences
held under the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
SEC. 541. None of the funds appropriated or made available pursuant to
this Act shall be available to a nongovernmental organization which fails to
provide upon timely request any document, file, or record necessary to the
auditing requirements of the United States Agency for International
Development.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN COUNTRIES
SEC. 542. (a) IN GENERAL- Of the funds appropriated under this Act that
are made available for a foreign country under part I of the Foreign
Assistance Act of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to the District of
Columbia and New York City, New York by such country as of September 30, 2002
that were incurred after the first day of the fiscal year preceding the
current fiscal year shall be withheld from obligation for such country until
the Secretary of State certifies and reports in writing to the appropriate
congressional committees that such fines and penalties are fully paid to the
governments of the District of Columbia and New York City, New York.
(b) DEFINITION- For purposes of this section, the term `appropriate
congressional committees' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
SEC. 543. None of the funds appropriated by this Act may be obligated for
assistance for the Palestine Liberation Organization for the West Bank and
Gaza unless the President has exercised the authority under section 604(a) of
the Middle East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make inapplicable section 307
of the Foreign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to
suspend the prohibition under other legislation, funds appropriated by this
Act may not be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 544. If the President determines that doing so will contribute to a
just resolution of charges regarding genocide or other violations of
international humanitarian law, the President may direct a drawdown pursuant
to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by the United
Nations Security Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That funds made available for tribunals other than Yugoslavia or
Rwanda shall be made available subject to the regular notification procedures
of the Committees on Appropriations.
LANDMINES
SEC. 545. Notwithstanding any other provision of law, demining equipment
available to the United States Agency for International Development and the
Department of State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions as the
President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 546. None of the funds appropriated by this Act may be obligated or
expended to create in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of conducting official
United States Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings
between officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity provided
for in the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been true in the past,
officers and employees of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those who now occupy
positions in the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 547. None of the funds appropriated or otherwise made available by
this Act under the heading `International Military Education and Training' or
`Foreign Military Financing Program' for Informational Program activities or
under the headings `Child Survival and Health Programs Fund', `Development
Assistance', and `Economic Support Fund' may be obligated or expended to pay
for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a
recreational character, including but not limited to entrance fees at
sporting events, theatrical and musical productions, and amusement
parks.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 548. (a) AUTHORITY TO REDUCE DEBT- The President may reduce amounts
owed to the United States (or any agency of the United States) by an eligible
country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export Control
Act; or
(3) any obligation or portion of such obligation, to pay for purchases
of United States agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized pursuant to
section 5(f) of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of 1966, as amended
(Public Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
as amended (Public Law 95-501).
(1) The authority provided by subsection (a) may be exercised only to
implement multilateral official debt relief and referendum agreements,
commonly referred to as `Paris Club Agreed Minutes'.
(2) The authority provided by subsection (a) may be exercised only in
such amounts or to such extent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a) may be exercised only with
respect to countries with heavy debt burdens that are eligible to borrow
from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly referred to
as `IDA-only' countries.
(c) CONDITIONS- The authority provided by subsection (a) may be exercised
only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international
terrorism;
(3) is not failing to cooperate on international narcotics control
matters;
(4) (including its military or other security forces) does not engage in
a consistent pattern of gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the application of
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be
used only with regard to funds appropriated by this Act under the heading
`Debt Restructuring'.
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to
subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority provided by
subsection (a) may be exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International Development and
Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 549. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding
any other provision of law, the President may, in accordance with this
section, sell to any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the Foreign Assistance Act
of 1961, to the government of any eligible country as defined in section
702(6) of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own qualified debt,
only if the eligible country uses an additional amount of the local
currency of the eligible country, equal to not less than 40 percent of the
price paid for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of such debt, to
support activities that link conservation and sustainable use of natural
resources with local community development, and child survival and other
child development, in a manner consistent with sections 707 through 710 of
the Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of any prior
agreement relating to such loan.
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of law,
the President shall, in accordance with this section, establish the terms
and conditions under which loans may be sold, reduced, or canceled pursuant
to this section.
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of the
Foreign Assistance Act of 1961, shall notify the administrator of the agency
primarily responsible for administering part I of the Foreign Assistance Act
of 1961 of purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or cancellation
of a loan pursuant to this section. Such agency shall make an adjustment in
its accounts to reflect the sale, reduction, or cancellation.
(4) LIMITATION- The authorities of this subsection shall be available
only to the extent that appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act of 1974, are made in
advance.
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this section
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the President
for using the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser, or
any reduction or cancellation pursuant to this section, of any loan made to an
eligible country, the President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be
used only with regard to funds appropriated by this Act under the heading
`Debt Restructuring'.
HAITI COAST GUARD
SEC. 550. The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), for the Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 551. (a) PROHIBITION OF FUNDS- None of the funds appropriated by this
Act to carry out the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER- The prohibition included in subsection (a) shall not apply if
the President certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate that waiving such
prohibition is important to the national security interests of the United
States.
(c) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to subsection (b)
shall be effective for no more than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment of this Act.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 552. None of the funds made available by this Act may be provided to
any unit of the security forces of a foreign country if the Secretary of State
has credible evidence that such unit has committed gross violations of human
rights, unless the Secretary determines and reports to the Committees on
Appropriations that the government of such country is taking effective
measures to bring the responsible members of the security forces unit to
justice: Provided, That nothing in this section shall be construed to
withhold funds made available by this Act from any unit of the security forces
of a foreign country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds are
withheld from any unit pursuant to this section, the Secretary of State shall
promptly inform the foreign government of the basis for such action and shall,
to the maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security forces to
justice.
PROTECTION OF TROPICAL FORESTS AND BIODIVERSITY
SEC. 553. Of the funds appropriated under the heading `Development
Assistance', not less than $150,000,000 shall be made available for programs
and activities which directly protect tropical forests and biodiversity,
including activities to deter illegal logging: Provided, That of the
funds made available pursuant to this section, not less than $9,000,000 shall
be made available for the Central African Regional Program for the
Environment.
ENERGY CONSERVATION, ENERGY EFFICIENCY AND CLEAN ENERGY PROGRAMS
SEC. 554. (a) FUNDING- Of the funds appropriated by this Act, not less
than $175,000,000 shall be made available to support policies and programs in
developing countries, countries in transition and other partner countries that
directly (1) promote a wide range of energy conservation, energy efficiency
and clean energy programs and activities, including the transfer of clean and
environmentally sustainable energy technologies; (2) measure, monitor, and
reduce greenhouse gas emissions; (3) increase carbon sequestration activities;
and (4) enhance climate change mitigation and adaptation programs.
(b) GREENHOUSE GAS EMISSIONS REPORT- Not later than 45 days after the date
on which the President's fiscal year 2004 budget request is submitted to
Congress, the President shall submit a report to the Committees on
Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, domestic and
international, for climate change programs and activities in fiscal year
2003, including an accounting of expenditures by agency with each agency
identifying climate change activities and associated costs by line item as
presented in the President's Budget Appendix; and
(2) all fiscal year 2002 obligations and estimated expenditures, fiscal
year 2003 estimated expenditures and estimated obligations, and fiscal year
2004 requested funds by the United States Agency for International
Development, by country and central program, for each of the following: (1)
to promote the transfer and deployment of a wide range of United States
clean energy and energy efficiency technologies; (2) to assist in the
measurement, monitoring, reporting, verification, and reduction of
greenhouse gas emissions; (3) to promote carbon capture and sequestration
measures; (4) to help meet such countries' responsibilities under the
Framework Convention on Climate Change; and (5) to develop assessments of
the vulnerability to impacts of climate change and mitigation and adaptation
response strategies.
AFGHANISTAN
SEC. 555. Of the funds appropriated by this Act under the headings `Child
Survival and Health Programs Fund', `Development Assistance', `International
Disaster Assistance', `Transition Initiatives', `Economic Support Fund',
`International Narcotics Control and Law Enforcement', `Migration and Refugee
Assistance', `Nonproliferation, Anti-Terrorism, Demining and Related
Programs', `International Military Education and Training', and `Foreign
Military Financing Program', not less than $150,000,000 should be made
available for humanitarian, reconstruction, and other assistance for
Afghanistan, including repairing homes of Afghan citizens that were damaged or
destroyed as a result of military operations: Provided, That of the
funds made available pursuant to this section that are appropriated under the
heading `Economic Support Fund', not less than $5,000,000 shall be made
available for assistance for the Afghan Ministry of Women's Affairs for
activities to promote girl's and women's education, reproductive health, legal
rights, and economic opportunities.
ZIMBABWE
SEC. 556. The Secretary of the Treasury shall instruct the United States
executive director to each international financial institution to vote against
any extension by the respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy, unless the
Secretary of State determines and certifies to the Committees on
Appropriations that the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of speech and
association.
NIGERIA
SEC. 557. Funds appropriated under the headings `International Military
Education and Training' and `Foreign Military Financing Program' may be made
available for Nigeria only for expanded international military education and
training and non-lethal defense articles, until the President certifies to the
appropriate congressional committees that the Nigerian Minister of Defense,
the Chief of the Army Staff, and the Minister of State for Defense/Army are
suspending from the Armed Forces those members, of whatever rank, against whom
there is credible evidence of gross violations of human rights in Benue State
in October 2001, and the Government of Nigeria and the Nigerian Armed Forces
are taking effective measures to bring such individuals to justice.
BURMA
SEC. 558. Of the funds appropriated under the heading `Economic Support
Fund', not less than $6,500,000 shall be made available to support democracy
activities in Burma, democracy and humanitarian activities along the
Burma-Thailand border, and for Burmese student groups and other organizations
located outside Burma: Provided, That funds made available for
Burma-related activities under this heading may be made available
notwithstanding any other provision of law: Provided further, That
funds made available by this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 559. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in
part, the President shall submit to the Committees on Appropriations, in
accordance with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of the Enterprise
Fund.
CAMBODIA
SEC. 560. (a) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions to use
the voice and vote of the United States to oppose loans to the Central
Government of Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be made available
for assistance for the Central Government of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic education,
reproductive and maternal and child health, and for the Ministry of Women and
Veterans Affairs to combat human trafficking.
(c) Of the funds appropriated by this Act under the heading `Economic
Support Fund', $5,000,000 shall be made available, notwithstanding subsection
(b), for assistance for democratic opposition political parties in
Cambodia.
(d) Of the funds appropriated by this Act, $3,750,000 shall be made
available as a contribution for an endowment to sustain rehabilitation
programs for Cambodians suffering from physical disabilities that are
administered by an American nongovernmental organization that is directly
supported by the United States Agency for International Development:
Provided, That funds made available for such assistance shall be in
addition to the level of assistance proposed by the President for Cambodia for
fiscal year 2003: Provided further, That such funds may be made
available only if an amount at least equal to the United States contribution
is provided for the endowment from sources other than the United States
Government.
FOREIGN MILITARY TRAINING REPORT
SEC. 561. (a) The Secretary of Defense and the Secretary of State shall
jointly provide to the Congress by March 1, 2003, a report on all military
training provided to foreign military personnel (excluding sales, and
excluding training provided to the military personnel of countries belonging
to the North Atlantic Treaty Organization) under programs administered by the
Department of Defense and the Department of State during fiscal years 2002 and
2003, including those proposed for fiscal year 2003. This report shall
include, for each such military training activity, the foreign policy
justification and purpose for the training activity, the cost of the training
activity, the number of foreign students trained and their units of operation,
and the location of the training. In addition, this report shall also include,
with respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United States
military units involved in each such training activity. This report may
include a classified annex if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall be deemed to
mean a report to the Appropriations and Foreign Relations Committees of the
Senate and the Appropriations and International Relations Committees of the
House of Representatives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 562. (a) Of the funds made available under the heading
`Nonproliferation, Anti-terrorism, Demining and Related Programs', $75,000,000
may be made available for the Korean Peninsula Energy Development Organization
(hereafter referred to in this section as `KEDO'), notwithstanding any other
provision of law, only for the administrative expenses and heavy fuel oil
costs associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 15 days prior to
such obligation of funds, the President certifies and so reports to Congress
that--
(1) the parties to the Agreed Framework have taken and continue to take
demonstrable steps to implement the Joint Declaration on Denuclearization of
the Korean Peninsula;
(2) North Korea is complying with all provisions of the Agreed
Framework; and
(3) the United States is continuing to make significant progress on
eliminating the North Korean ballistic missile threat, including further
missile tests and its ballistic missile exports.
(c) The President may waive the certification requirements of subsection
(b) if the President determines that it is vital to the national security
interests of the United States and provides written policy justifications to
the appropriate congressional committees. No funds may be obligated for KEDO
until 15 days after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual presentation
for appropriations, submit a report providing a full and detailed accounting
of the fiscal year 2004 request for the United States contribution to KEDO,
the expected operating budget of KEDO, proposed annual costs associated with
heavy fuel oil purchases, including unpaid debt, and the amount of funds
pledged by other donor nations and organizations to support KEDO activities on
a per country basis, and other related activities.
COLOMBIA
SEC. 563. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding
any other provision of law, funds appropriated by this Act or prior Acts
making appropriations for foreign operations, export financing, and related
programs, that are available for assistance for the Colombian Armed Forces and
National Police, may be made available for assistance to support the Colombian
Government's unified campaign against narcotics trafficking and against
paramilitary and guerrilla organizations designated as terrorist organizations
in that country, as follows:
(1) Not more than 60 percent of such funds that are available for the
Colombian Armed Forces may be obligated after a determination by the
Secretary of State and a certification to the appropriate congressional
committees that:
(A) The Commander General of the Colombian Armed Forces is suspending
from the Armed Forces those members, of whatever rank, who have been
credibly alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is prosecuting and punishing those
members of the Colombian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of human rights,
including extra-judicial killings, or to have aided or abetted
paramilitary organizations, and the Colombian Armed Forces are cooperating
with civilian prosecutors and judicial authorities in such cases
(including providing requested information, such as the identity of
persons suspended from the Armed Forces and the nature and cause of the
suspension, and access to witnesses, relevant military documents, and
other requested information).
(C) The Colombian Armed Forces are severing links (including denying
access to military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit cooperation) at the
command, battalion, and brigade levels, with paramilitary
organizations.
(D) The Colombian Armed Forces are apprehending the leaders of
paramilitary organizations.
(2) The balance of such funds may be obligated after June 1, 2003, if
the Secretary of State determines and certifies to the appropriate
congressional committees that the Colombian Armed Forces are continuing to
meet the criteria contained in paragraphs (1)(A), (B), (C) and (D) and are
conducting vigorous operations to restore government authority and respect
for human rights in areas under the effective control of paramilitary and
guerrilla organizations.
(b) CONSULTATIVE PROCESS- At least 10 days prior to making the
determinations and certifications required by subsection (a), and every 120
days thereafter during fiscal year 2003, the Secretary of State shall consult
with internationally recognized human rights organizations regarding progress
in meeting the conditions contained in that subsection.
(c) REPORT- One hundred and twenty days after the enactment of this Act,
and every 120 days thereafter during fiscal year 2003, the Secretary of State
shall submit a report to the Committees on Appropriations describing actions
taken by the Colombian Armed Forces to meet the requirements set forth in
subsections (a)(1)(A) through (a)(1)(D).
(d) DEFINITIONS- In this section:
(1) AIDED OR ABETTED- The term `aided or abetted' means to provide any
support to paramilitary groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such groups.
(2) PARAMILITARY GROUPS- The term `paramilitary groups' means illegal
self-defense groups and illegal security cooperatives.
ILLEGAL ARMED GROUPS
SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED
GROUPS- Subject to subsection (b), the Secretary of State shall not issue a
visa to any alien who the Secretary determines, based on credible
evidence--
(1) has willfully provided any support to the Revolutionary Armed Forces
of Colombia (FARC), the National Liberation Army (ELN), or the United
Self-Defense Forces of Colombia (AUC), including taking actions or failing
to take actions which allow, facilitate, or otherwise foster the activities
of such groups; or
(2) has committed, ordered, incited, assisted, or otherwise participated
in the commission of gross violations of human rights, including
extra-judicial killings, in Colombia.
(b) WAIVER- Subsection (a) shall not apply if the Secretary of State
determines and certifies to the appropriate congressional committees, on a
case-by-case basis, that the issuance of a visa to the alien is necessary to
support the peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
SEC. 565. None of the funds appropriated or otherwise made available by
this Act may be used to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting
Corporation.
IRAQ
SEC. 566. Notwithstanding any other provision of law, funds appropriated
under the heading `Economic Support Fund' may be made available for programs
benefitting the Iraqi people and to support efforts to bring about a
transition to democracy in Iraq: Provided, That not more than 15
percent of the funds, except for costs related to broadcasting activities, may
be used for administrative and representational expenses, including
expenditures for salaries, office rent and equipment: Provided
further, That none of the funds made available pursuant to the
authorities provided in this section may be made available to any organization
to reimburse or pay for costs incurred by such organization in prior fiscal
years: Provided further, That funds made available under this heading
are made available subject to the regular notification procedures of the
Committees on Appropriations.
WEST BANK AND GAZA PROGRAM
SEC. 567. For fiscal year 2003, 30 days prior to the initial obligation of
funds for the bilateral West Bank and Gaza Program, the Secretary of State
shall certify to the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the United States will
have access to appropriate United States financial information in order to
review the uses of United States assistance for the Program funded under the
heading `Economic Support Fund' for the West Bank and Gaza.
INDONESIA
SEC. 568. (a) Funds appropriated by this Act under the heading `Foreign
Military Financing Program' may be made available for assistance for
Indonesia, and lethal defense articles may be licensed for export to
Indonesia, if the President certifies to the appropriate congressional
committees that--
(1) the Indonesia Minister of Defense is suspending from the Armed
Forces those members, of whatever rank, who have been credibly alleged to
have committed gross violations of human rights, or to have aided or abetted
militia groups;
(2) the Indonesian Government is prosecuting and punishing those members
of the Indonesian Armed Forces, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights, or to have aided
or abetted militia groups, and the Indonesian Armed Forces are cooperating
with civilian prosecutors and judicial authorities in such cases (including
providing access to witnesses, relevant military documents, and other
requested information); and
(3) the Minister of Defense is making publicly available audits of
receipts and expenditures of the Indonesian Armed Forces, including audits
of receipts from private enterprises and foundations.
BRIEFINGS ON POTENTIAL PURCHASES OF DEFENSE ARTICLES OR DEFENSE SERVICES BY
TAIWAN
SEC. 569. (a) BRIEFINGS- Not later than 90 days after the date of
enactment of this Act, and not later than every 120 days thereafter during
fiscal year 2003, the Department of State, in consultation with the Department
of Defense, shall provide detailed briefings to the appropriate congressional
committees (including the Committees on Appropriations) on any discussions
conducted between any executive branch agency and the government of Taiwan
during the preceding 120 days (or, in the case of the initial briefing, since
the date of enactment of this Act) on any potential purchase of defense
articles or defense services by the government of Taiwan.
(b) EXECUTIVE AGENCY DEFINED- In this section, the term `executive branch
agency' has the meaning given the term `agency' in section 551(1) of title 5,
United States Code.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING SIERRA LEONE
SEC. 570. (a) None of the funds appropriated by this Act may be made
available for assistance for the government of any country for which the
Secretary of State determines there is credible evidence that such government
has knowingly facilitated the safe passage of weapons or other equipment, or
has provided lethal or non-lethal military support or equipment, directly or
through intermediaries, within the previous six months to the Sierra Leone
Revolutionary United Front, Liberian Security Forces, or any other group
intent on destabilizing the democratically elected government of the Republic
of Sierra Leone.
(b) None of the funds appropriated by this Act may be made available for
assistance for the government of any country for which the Secretary of State
determines there is credible evidence that such government has aided or
abetted, within the previous six months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) Whenever the prohibition on assistance required under subsection (a)
or (b) is exercised, the Secretary of State shall notify the Committees on
Appropriations in a timely manner.
VOLUNTARY SEPARATION INCENTIVES
SEC. 571. Section 579(c)(2)(D) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, as enacted by
section 1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public Law
106-113), as amended, is amended by striking `December 31, 2002' and inserting
in lieu thereof `December 31, 2003'.
UZBEKISTAN
SEC. 572. Funds appropriated by this Act may be made available for
assistance for the Government of Uzbekistan if the Secretary of State
determines and reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress in meeting its
commitments under the `Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of Uzbekistan and the United States
of America'.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA
SEC. 573. (a) Information relevant to the December 2, 1980, murders of
four American churchwomen in El Salvador, and the May 5, 2001, murder of
Sister Barbara Ann Ford and the murders of other American citizens in
Guatemala since December 1999, should be investigated and made public.
(b) Not later than 45 days after enactment of this Act, the President
shall order all Federal agencies and departments, including the Federal Bureau
of Investigation, that possess relevant information, to expeditiously
declassify and release to the victims' families such information, consistent
with existing standards and procedures on classification, and shall provide a
copy of such order to the Committees on Appropriations.
(c) In making determinations concerning declassification and release of
relevant information, all Federal agencies and departments should use the
discretion contained within such existing standards and procedures on
classification in support of releasing, rather than withholding, such
information.
(d) All reasonable efforts should be taken by the American Embassy in
Guatemala to work with relevant agencies of the Guatemalan Government to
protect the safety of American citizens in Guatemala, and to assist in the
investigations of violations of human rights.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 574. Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used to
provide financing to Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to purchase) of
defense articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those defense
articles being provided by commercial lease rather than by
government-to-government sale under such Act.
WAR CRIMINALS
SEC. 575. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance, and the
Secretary of the Treasury shall instruct the United States executive directors
to the international financial institutions to vote against any new project
involving the extension by such institutions of any financial or technical
assistance, to any country, entity, or municipality whose competent
authorities have failed, as determined by the Secretary of State, to take
necessary and significant steps to implement its international legal
obligations to apprehend and transfer to the International Criminal Tribunal
for the former Yugoslavia (the `Tribunal') all persons in their territory who
have been publicly indicted by the Tribunal and to otherwise cooperate with
the Tribunal.
(2) The provisions of this subsection shall not apply to humanitarian
assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the Secretary of
State determines and reports to the appropriate congressional committees that
the competent authorities of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including unimpeded access for
investigators to archives and witnesses, the provision of documents, and the
surrender and transfer of indictees or assistance in their apprehension;
and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international financial
institution regarding the extension of any new project involving financial or
technical assistance or grants to any country or entity described in
subsection (a), the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on Appropriations a
written justification for the proposed assistance, including an explanation of
the United States position regarding any such vote, as well as a description
of the location of the proposed assistance by municipality, its purpose, and
its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International Development, and
the Secretary of the Treasury shall consult with representatives of human
rights organizations and all government agencies with relevant information to
help prevent indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application of subsection (a)
with respect to projects within a country, entity, or municipality upon a
written determination to the Committees on Appropriations that such assistance
directly supports the implementation of the Dayton Accords.
(f) DEFINITIONS- As used in this section--
(1) COUNTRY- The term `country' means Bosnia and Herzegovina, Croatia
and Serbia.
(2) ENTITY- The term `entity' refers to the Federation of Bosnia and
Herzegovina, Kosovo, Montenegro and the Republika Srpska.
(3) MUNICIPALITY- The term `municipality' means a city, town or other
subdivision within a country or entity as defined herein.
(4) DAYTON ACCORDS- The term `Dayton Accords' means the General
Framework Agreement for Peace in Bosnia and Herzegovina, together with
annexes relating thereto, done at Dayton, November 10 through 16,
1995.
USER FEES
SEC. 576. The Secretary of the Treasury shall instruct the United States
Executive Director at each international financial institution (as defined in
section 1701(c)(2) of the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service charges on poor
people for primary education or primary healthcare, including prevention and
treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and
maternal well-being, in connection with the institutions' financing
programs.
FUNDING FOR SERBIA
SEC. 577. (a) Funds appropriated by this Act may be made available for
assistance for Serbia after March 31, 2003, if the President has made the
determination and certification contained in subsection (c).
(b) After March 31, 2003, the Secretary of the Treasury should instruct
the United States executive directors to the international financial
institutions to support loans and assistance to the Government of the Federal
Republic of Yugoslavia subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997, as amended, shall
not apply to the provision of loans and assistance to the Federal Republic of
Yugoslavia through international financial institutions.
(c) The determination and certification referred to in subsection (a) is a
determination by the President and a certification to the Committees on
Appropriations that the Government of the Federal Republic of Yugoslavia
is--
(1) cooperating, on a continuing basis, with the International Criminal
Tribunal for the former Yugoslavia including unimpeded access for
investigators to archives and witnesses, the provision of documents, and the
surrender and transfer of indictees or assistance in their
apprehension;
(2) taking steps to implement policies which reflect a respect for
minority rights and the rule of law, including ending Serbian financial,
political, security and other support which has served to maintain separate
Republika Srpska institutions.
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo,
humanitarian assistance, assistance to promote democracy in municipalities, or
assistance to promote reconciliation among ethnic groups within the former
Yugoslavia.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 578. (a) AUTHORITY- Funds made available to carry out the provisions
of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, may be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority in Jamaica and
El Salvador through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to foster civilian
police roles that support democratic governance including assistance for
programs to prevent conflict and foster improved police relations with the
communities they serve.
(1) The Administrator of the United States Agency for International
Development shall submit, at the time of submission of the agency's
Congressional Budget Justification Document for fiscal year 2004, and
annually thereafter, a report to the Committees on Appropriations describing
the progress these programs are making toward improving police relations
with the communities they serve and institutionalizing an effective
community-based police program.
(2) The requirements of paragraph (1) are in lieu of the requirements
contains in section 587(b) of Public Law 107-115.
(c) NOTIFICATION- Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
SEC. 579. Notwithstanding section 516(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2003 and 2004,
funds available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles transferred
under the authority of section 516 of such Act to Albania, Bulgaria, Croatia,
Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
Provided, That section 105 of Public Law 104-164 is amended by
striking `2002 and 2003' and inserting `2003 and 2004'.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
SEC. 580. (a) LIMITATION ON USE OF FUNDS BY OPIC- None of the funds made
available in this Act may be used by the Overseas Private Investment
Corporation to insure, reinsure, guarantee, or finance any investment in
connection with a project involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements of
subsection (c).
(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT BANK- None of the
funds made available in this Act may be used by the Export-Import Bank of the
United States to guarantee, insure, extend credit, or participate in an
extension of credit in connection with the export of any goods to a country
for use in an enterprise involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements of
subsection (c).
(c) REQUIREMENTS- The requirements referred to in subsection (a) and (b)
are that the country concerned is implementing the recommendations,
obligations and requirements developed by the Kimberley Process on conflict
diamonds, or taking other measures that the Secretary of State determines to
contribute effectively to preventing and eliminating the trade in conflict
diamonds.
REQUIREMENTS RELATING TO PRIVATE ORGANIZATIONS
SEC. 581. Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance authorized under part I of
the Foreign Assistance Act of 1961, foreign private organizations shall be
subject to only those requirements relating to the use of non-United States
Government funds for advocacy and lobbying activities that apply to United
State private organizations receiving assistance under part I of such Act.
CORPORATE RESPONSIBILITY
SEC. 582. The Export-Import Bank of the United States, the Overseas
Private Investment Corporation, and the Trade and Development Agency shall
require, before obligating funds appropriated by this Act for any grant, loan,
insurance, reinsurance, or other financing with a for-profit enterprise doing
business in the United States, that the chief executive officer of such
enterprise certify that any filing with an agency of the United States
Government on the financial condition of the enterprise is, to the best
knowledge of the officer, complete and accurate.
MODIFICATION TO THE ANNUAL DRUG CERTIFICATION PROCEDURES
SEC. 583. During fiscal year 2003, the provisions of section 591 of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
2002, shall be applicable to funds appropriated by this Act in the same manner
that such provisions were applicable to funds appropriated by such Act for
fiscal year 2002.
TRANSPARENCY OF GOVERNMENT REVENUES
SEC. 584. None of the funds appropriated by this Act may be made available
for assistance for the central government of a country, after 180 days from
the date of enactment of this Act, that is not taking steps to make publicly
available documentation of its revenues from natural resource extraction
(including but not limited to oil, natural gas, mining, and timber) within the
territory of such country.
COOPERATION WITH CUBA ON COUNTER-NARCOTICS MATTERS
SEC. 585. (a) Subject to subsection (b), of the funds appropriated under
the heading `International Narcotics Control and Law Enforcement', $3,000,000
should be made available for the purposes of preliminary work by the
Department of State, or such other entities as the Secretary of State may
designate, to establish cooperation with appropriate agencies of the
Government of Cuba on counter-narcotics matters, including matters relating to
cooperation, coordination, and mutual assistance in the interdiction of
illicit drugs being transported through Cuba airspace or over Cuba waters.
(b) The amount in subsection (a) shall not be available if the President
certifies that--
(1) Cuba does not have in place appropriate procedures to protect
against the loss of innocent life in the air and on the ground in connection
with the interdiction of illegal drugs; and
(2) there is evidence of involvement of the Government of Cuba in drug
trafficking.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
SEC. 586. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be used to pay for the
performance of abortions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as a method of
family planning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be used to pay for
any biomedical research which relates in whole or in part, to methods of, or
the performance of, abortions or involuntary sterilization as a means of
family planning. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
TIBET
SEC. 587. The Secretary of the Treasury should instruct the United States
executive director to each international financial institution to use the
voice and vote to support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural resources to
non-Tibetans; are based on a thorough needs-assessment; foster
self-sufficiency of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
This Act may be cited as the `Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003'.
Calendar No. 513
107th CONGRESS
S. 2779
[Report No. 107-219]
A BILL
Making appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 2003, and for other purposes.
July 24, 2002
Read twice and placed on the calendar
END