[DOCID: f:publ007.108]

[[Page 117 STAT. 11]]

Public Law 108-7
108th Congress

                            Joint Resolution


 
Making consolidated appropriations for the fiscal year ending September 
 30, 2003, and for other purposes. <<NOTE: Feb. 20, 2003 -  [H.J. Res. 
                                  2]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, <<NOTE: Consolidated 
Appropriations Resolution, 2003.>> 

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Consolidated 
Appropriations Resolution, 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this joint resolution is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
   ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2003

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

  DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                      AGENCIES APPROPRIATIONS, 2003

Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions

          DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2003

Title I--Federal Funds
Title II--District of Columbia Funds
Title III--General Provisions

      DIVISION D--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

 DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                          APPROPRIATIONS, 2003

Title I--Export and Investment Assistance

[[Page 117 STAT. 12]]

Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions

     DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003

Title I--Department of the Interior
Title II--Related Agencies
Title III--General Provisions
Title IV--T'uf Shur Bien Preservation Trust Area
Title V--National Forest Organizational Camp Fee Improvement Act of 2003

DIVISION G--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                      AGENCIES APPROPRIATIONS, 2003

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

           DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS, 2003

Title I--Legislative Branch Appropriations
Title II--General Provisions

  DIVISION I--TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS, 2003

Title I--Department of Transportation
Title II--Related Agencies
Title III--General Provisions

    DIVISION J--TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 2003

Title I--Department of the Treasury
Title II--Postal Service
Title III--Executive Office of the President and Funds Appropriated to 
           the President
Title IV--Independent Agencies
Title V--General Provisions--This Act
Title VI--General Provisions--Departments, Agencies, and Corporations

  DIVISION K--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                INDEPENDENT AGENCIES APPROPRIATIONS, 2003

Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions

          DIVISION L--HOMELAND SECURITY ACT OF 2002 AMENDMENTS

                       DIVISION M--DEFENSE MATTERS

                DIVISION N--EMERGENCY RELIEF AND OFFSETS

Title I--Election Reform
Title II--Agricultural Assistance
Title III--Wildland Fire Emergency
Title IV--TANF and Medicare
Title V--Fisheries Disasters
Title VI--Offsets
Title VII--Bonneville Power Administration Borrowing Authority

                DIVISION O--PRICE-ANDERSON ACT AMENDMENTS

 DIVISION P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this joint resolution shall be 
treated as referring only to the provisions of that division.



           [[NOTE: We present here only Division E of the
             omnibus, regarding foreign operations.]]

           
           
[[Page 117 STAT. 159]]

 DIVISION E--FOREIGN <<NOTE: Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2003.>>  OPERATIONS, EXPORT 
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS, 2003

                            Joint Resolution


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

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: Provided 
further, <<NOTE: 12 USC 635 note.>> That notwithstanding section 1(c) of 
Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
428 shall remain in effect through September 30, 2003.

                          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, $512,900,000, 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, and 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.

[[Page 117 STAT. 160]]

                         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, <<NOTE: Termination date. 12 USC 635a note.>> 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.

[[Page 117 STAT. 161]]

                   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, $44,512,000, to remain available 
until September 30, 2004.
    In addition, for an additional amount for ``Trade and Development 
Agency'' for trade capacity building assistance, $2,500,000, to remain 
available until September 30, 2003: Provided, That any funds made 
available by this paragraph shall be made available subject to the 
regular notification procedures of the Committees on Appropriations.

                 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

                      (including transfer of funds)

    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, $1,836,500,000, to 
remain available until September 30, 2005: 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 $150,000, 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: $324,000,000 for child survival 
and maternal health; $27,000,000 for vulnerable children; $591,500,000 
for HIV/AIDS including not less than $18,000,000 which should be made 
available to support the development of microbicides as a means for 
combating HIV/AIDS; $155,500,000 for other infectious diseases; 
$368,500,000 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

[[Page 117 STAT. 162]]

appropriated under this heading, and in addition to funds allocated 
under the previous proviso, not less than $250,000,000 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 the 
cumulative amount of United States contributions to the Global Fund may 
not exceed the total resources provided by other donors and available 
for use by the Global Fund: Provided further, That of the funds 
appropriated under this heading that are available for HIV/AIDS programs 
and activities, up to $10,500,000 should be made available for the 
International AIDS Vaccine Initiative, and up to $100,000,000 should be 
made available for the International Mother and Child HIV Prevention 
Initiative: Provided further, That of the funds appropriated under this 
heading, up to $60,000,000 may be made available for a United States 
contribution to The Vaccine Fund, and up to $6,000,000 may be 
transferred to and merged with funds appropriated by this Act under the 
heading ``Operating Expenses of the United States Agency for 
International Development'' for costs directly related to international 
health, but funds made available for such costs may not be derived from 
amounts made available for contribution under the preceding provisos: 
Provided further, That notwithstanding any other provision of this Act, 
funds appropriated under this heading that are available for child 
survival and health programs shall be apportioned to the United States 
Agency for International Development, and the authority of sections 
632(a) or 632(b) of the Foreign Assistance Act of 1961, or any 
comparable provision of law, may not be used to transfer or allocate any 
part of such funds to the Department of Health and Human Services 
including any office of that agency, except that the authority of those 
sections may be used to transfer or allocate up to $25,000,000 of such 
funds to the Centers for Disease Control and Prevention: Provided 
further, That of the funds appropriated under this heading, $5,000,000 
shall be made available to continue to support the provision of 
wheelchairs for needy persons in developing countries: Provided 
further, <<NOTE: Abortion. Sterilization.>> That none of the funds made 
available in this Act nor any unobligated balances from prior 
appropriations may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization: Provided further, That none of the funds made 
available under this Act may be used to pay for the performance of 
abortion as a method of family planning or to motivate or coerce any 
person to practice abortions: Provided further, That none of the funds 
made available under this Act may be used to lobby for or <<NOTE: Family 
planning.>> 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

[[Page 117 STAT. 163]]

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) <<NOTE: Deadline. Reports.>> 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 nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That the funds under this 
heading that are available for the treatment and prevention of HIV/AIDS 
should also include programs and activities that are designed to 
maintain and preserve the families of those persons living with HIV/AIDS 
and to reduce the numbers of orphans created by HIV/AIDS.

                         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, $1,389,000,000, 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 Secretariat, may be 
made available except through the regular notification procedures of the 
Committees on Appropriations: Provided further, That $159,000,000 should 
be allocated for

[[Page 117 STAT. 164]]

trade capacity building: Provided further, That $218,000,000 should be 
allocated for basic education, of which $20,000,000 should be made 
available only for programs to increase the professional competence of 
national and regional education administrators: 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, $25,000,000 
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 $18,000,000 should be made available 
for the American Schools and Hospitals Abroad program: Provided further, 
That of the funds appropriated by this Act, $100,000,000 shall be made 
available for drinking water supply projects and related activities.

                    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, $230,000,000, to remain 
available until expended.
    In addition, for assistance for Afghanistan, $60,000,000 to remain 
available until expended: Provided, That these funds shall be used for 
humanitarian and reconstruction assistance for the Afghan people 
including health and education programs, housing, to improve the status 
of women, infrastructure, and assistance for victims of war and 
displaced persons.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, 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, <<NOTE: Reports. Deadline.>> 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

[[Page 117 STAT. 165]]

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 <<NOTE: Applicability.>>  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, 
$572,000,000: Provided, That <<NOTE: Reports. Deadline.>>  none of the 
funds appropriated under this heading and under the heading ``Capital 
Investment Fund'' 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, $43,000,000, to 
remain available until expended: Provided, That this amount is in 
addition to funds otherwise available for such purposes: Provided 
further, That of the funds appropriated under this heading, up to 
$10,000,000 may be made available for costs related to the construction 
of temporary, secure facilities for United States Agency for 
International Development personnel

[[Page 117 STAT. 166]]

in Afghanistan: Provided further, That the Administrator of the United 
States Agency for International Development shall assess fair and 
reasonable rental payments for the use of space by employees of other 
United States Government agencies in buildings constructed using funds 
appropriated under this heading, and such rental payments shall be 
deposited into this account as an offsetting collection: Provided 
further, That the rental payments collected pursuant to the previous 
proviso and deposited as an offsetting collection shall be available for 
obligation only pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the assignment of 
United States Government employees or contractors to space in buildings 
constructed using funds appropriated under this heading shall be subject 
to the concurrence of the Administrator of the United States Agency for 
International Development: Provided further, That funds appropriated 
under this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on Appropriations.

    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, 
$33,300,000, 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, $2,270,000,000, to remain available until September 30, 2004: 
Provided, <<NOTE: Israel. Deadline.>> 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: Provided further, <<NOTE: Egypt.>> 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, <<NOTE: President. Israel.>> 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 
should be made available for assistance for Jordan: Provided further, 
That of the funds appropriated under this heading, up to $1,000,000 
should be used to further legal reforms in the West Bank and Gaza, 
including judicial training on commercial disputes and ethics: Provided 
further, That not to exceed $200,000,000 of the funds appropriated under 
this heading in this Act may be made available for the costs, as defined 
in

[[Page 117 STAT. 167]]

section 502 of the Congressional Budget Act of 1974, of modifying direct 
loans and guarantees for Pakistan: Provided further, That not to exceed 
$15,000,000 of the funds appropriated under this heading in Public Law 
107-206, the Supplemental Appropriations Act for Further Recovery From 
and Response To Terrorist Attacks on the United States, FY 2002, may be 
made available for the costs, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying direct loans and 
guarantees for Jordan: Provided further, <<NOTE: Cyprus.>> That not less 
than $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, <<NOTE: Lebanon.>> That not less than 
$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 notwithstanding section 
534(a) of this Act, funds appropriated under this heading that are made 
available for assistance for the Central Government of Lebanon shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: 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, $60,000,000 shall be made available for 
the United States Agency for International Development for assistance 
for Indonesia: Provided further, <<NOTE: Timor-Leste.>> That of the 
funds appropriated under this heading, not less than $25,000,000 shall 
be made available for assistance for the Democratic Republic of Timor-
Leste of which up to $1,000,000 may be available for administrative 
expenses of the United States Agency for International Development: 
Provided further, That of the funds appropriated under this heading, not 
less than $2,000,000 should be made available for assistance for 
countries to implement and enforce the Kimberley Process Certification 
Scheme: Provided further, That $3,000,000 should be made available for 
the international youth exchange program for secondary school students 
from countries with significant Muslim populations: 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 of the funds 
appropriated under this heading, not less than $10,000,000 should be 
made available during fiscal year 2003 for a contribution to the Special 
Court for Sierra Leone: Provided further, That with respect to funds 
appropriated under this heading in this Act or prior Acts making 
appropriations for foreign operations, export

[[Page 117 STAT. 168]]

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.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $25,000,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2004.

           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, $525,000,000, 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, up to $1,000,000 should be made 
available for assistance to support training programs for Kosovar women: 
Provided further, That not less than $5,000,000 shall be made available 
for assistance for the Baltic States: Provided further, That of the 
funds made available under this heading for assistance for Bulgaria, 
$2,000,000 should be made available to enhance safety at nuclear power 
plants.
    (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.

[[Page 117 STAT. 169]]

    (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) <<NOTE: Applicability.>> 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) <<NOTE: Termination date.>> 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, 
$760,000,000, to remain available until September 30, 2004: 
Provided, <<NOTE: Applicability.>>  That the provisions of such chapters 
shall apply to funds appropriated by this paragraph: Provided further, 
That of the funds made available for the Southern Caucasus region, 
notwithstanding any other provision of law, funds may be used for 
confidence-building measures and other activities in furtherance of the 
peaceful resolution of the regional conflicts, especially those in the 
vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That of the 
funds appropriated under this heading, not less than $1,500,000 should 
be available only to meet the health and other assistance needs of 
victims of trafficking in persons: Provided further, That of the funds 
appropriated under this heading $17,500,000 shall be made available 
solely for assistance 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, and related programs, that are made 
available pursuant to the provisions of section 807 of the FREEDOM 
Support Act (Public Law

[[Page 117 STAT. 170]]

102-511) shall be subject to a 6 percent ceiling on administrative 
expenses.

    (b) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $20,000,000 should 
be made available for nuclear reactor safety initiatives, and not less 
than $1,500,000 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)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation:
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, 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.

    (e) Of the funds appropriated under this heading, not less than 
$60,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, basic 
education, environmental and reproductive health/family planning, and to 
combat HIV/AIDS, tuberculosis and other infectious diseases, and for 
related activities.
    (f) None of the funds appropriated under this heading may be made 
available for assistance for the Government of Ukraine unless the 
Secretary of State determines and certifies to the Committees on 
Appropriations that, since September 30, 2000, the Government of Ukraine 
has not facilitated or engaged in arms sales or arms transfers to Iraq: 
Provided, That this paragraph shall not apply to assistance to combat 
infectious diseases, nuclear safety programs and activities, or 
assistance for victims of trafficking in persons, and to activities 
authorized under title V (Nonproliferation and Disarmament Programs and 
Activities) of the FREEDOM Support Act.
    (g) 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);

[[Page 117 STAT. 171]]

            (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, $16,200,000, 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, 
$18,689,000, 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, <<NOTE: Applicability.>> 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, <<NOTE: Reports.>> 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), $297,000,000, 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: Provided further, That the 
Director of the Peace Corps may make appointments or assignments, or 
extend current appointments or assignments, to permit United States 
citizens to serve for periods in excess of 5 years in the case of 
individuals whose appointment or assignment, such as regional safety 
security officers and employees within the Office of the Inspector 
General, involves the safety of Peace Corps volunteers: Provided 
further, That the Director of the Peace Corps may make such appointments 
or assignments notwithstanding the provisions of section 7 of the Peace 
Corps

[[Page 117 STAT. 172]]

Act limiting the length of an appointment or assignment, the 
circumstances under which such an appointment or assignment may exceed 5 
years, and the percentage of appointments or assignments that can be 
made in excess of 5 years.

                           Department of State

           international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $197,000,000, to remain available until 
expended: Provided, 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, not less than $5,000,000 shall be 
apportioned directly to the Department of the Treasury, International 
Affairs Technical Assistance, to be used for financial crimes and law 
enforcement technical assistance programs: Provided further, That of the 
funds appropriated under this heading, $10,000,000 should be made 
available for the demand reduction program: Provided further, That of 
the funds appropriated under this heading, $10,000,000 should be made 
available for anti-trafficking in persons programs, including 
trafficking prevention, protection and assistance for victims, and 
prosecution of traffickers: Provided further, That of the funds 
appropriated under this heading, not more than $24,180,000 may be 
available for administrative expenses.

                      andean counterdrug initiative

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $700,000,000, 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 $31,000,000 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, <<NOTE: Colombia.>> That in fiscal 
year 2003, funds available to the Department of State for assistance to 
the Government of Colombia shall be available to support a unified 
campaign against narcotics trafficking, against activities by 
organizations designated as terrorist organizations such as the 
Revolutionary Armed Forces of Colombia (FARC), the National Liberation 
Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to 
take actions to protect human health and welfare in emergency 
circumstances, including undertaking rescue operations: Provided 
further, That this authority shall cease to be effective if the 
Secretary of State has credible evidence that the Colombian Armed Forces 
are not conducting vigorous operations to restore government authority 
and respect for human rights in areas under the effective control of

[[Page 117 STAT. 173]]

paramilitary and guerrilla organizations: Provided 
further, <<NOTE: President.>> 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 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 enhanced safeguards and 
procedures to prevent the occurrence of any incident similar to the 
April 20, 2001 incident: Provided 
further, <<NOTE: Deadline. Reports.>> That the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment of 
this Act and prior to the initial obligation of funds appropriated under 
this heading, a report on the proposed uses of all funds under this 
heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That of the amount appropriated 
under this heading, not less than $250,000,000 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 should be made 
available to support 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, up to $3,000,000 should be made available for 
commercially developed, web monitoring software, and training on the 
usage thereof, for the Colombian National Police: Provided further, That 
of the funds made available for assistance for Colombia under this 
heading, not less than $1,500,000 should be made available for vehicles, 
equipment, and other assistance for the human rights unit of the 
Procurador General: Provided further, That not more than 20 percent of 
the funds appropriated by this Act that are used for the procurement of 
chemicals for aerial coca and poppy fumigation programs may be made 
available for such programs unless the Secretary of State, after 
consultation with the Administrator of the Environmental Protection 
Agency (EPA), certifies to the Committees on Appropriations that: (1) 
the herbicide mixture is being used in accordance with EPA label 
requirements for comparable use in the United States and any additional 
controls recommended by the EPA for this program, and with the Colombian 
Environmental Management Plan for aerial fumigation; (2) the herbicide 
mixture, in the manner it is being used, does not pose unreasonable 
risks or adverse effects to humans or the environment; (3) complaints of 
harm to health or licit crops caused by such fumigation are evaluated 
and fair compensation is being paid for meritorious claims; and such 
funds may not be made available for such purposes unless programs are 
being implemented by the United States Agency for International 
Development, the Government of Colombia, or other organizations, in 
consultation with local communities, to provide alternative sources of 
income in areas where security permits for small-acreage growers whose

[[Page 117 STAT. 174]]

illicit crops are targeted for fumigation: 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, <<NOTE: Applicability.>> That the provisions of section 3204(b) 
through (d) 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 for Colombia: Provided further, <<NOTE: Colombia.>> 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 of the funds 
appropriated under this heading, not more than $15,680,000 may be 
available for administrative expenses of the Department of State, and 
not more than $4,500,000 may be available, in addition to amounts 
otherwise available for such purposes, 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, 
$787,000,000, which shall remain available until expended: Provided, 
That not more than $16,565,000 may be available for administrative 
expenses: Provided further, That not less than $60,000,000 of the funds 
made available under this heading shall be made available for refugees 
from the former Soviet Union and Eastern Europe and other refugees 
resettling in Israel: Provided further, That funds appropriated under 
this heading may be made available for a headquarters contribution to 
the International Committee of the Red Cross only if the Secretary of 
State determines (and so reports to the appropriate committees of 
Congress) that the Magen David Adom Society of Israel is not being 
denied participation in the activities of the International Red Cross 
and Red Crescent Movement.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as

[[Page 117 STAT. 175]]

amended (22 U.S.C. 2601(c)), $26,000,000, to remain available until 
expended.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $306,400,000, 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, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary contribution 
to the Korean Peninsula Energy Development Organization (KEDO), 
consistent with the provisions of section 562 of this Act, and 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 made 
available for demining and related activities, 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 the Secretary of State is 
authorized to provide not to exceed $250,000 for public-private 
partnerships for mine action by grant, cooperative agreement, or 
contract.

                       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), $10,800,000, to remain available until 
expended, which shall be available notwithstanding any other provision 
of law.

[[Page 117 STAT. 176]]

                     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 expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for military education and training for Guatemala may only be 
available for expanded international military education and training and 
funds made available for Algeria, Nigeria and Guatemala may only be 
provided through the regular notification procedures of the Committees 
on Appropriations.

                   foreign military financing program

                      (including transfer of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,072,000,000: Provided, <<NOTE: Israel. Egypt.>> That of the funds 
appropriated under this heading, not less than $2,100,000,000 shall be 
available for grants only for Israel, and not less than $1,300,000,000 
shall be made available for grants only for Egypt: Provided 
further, <<NOTE: Deadline.>> That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of the enactment 
of this Act: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $550,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That except as provided in the following 
proviso, none of the funds appropriated by this paragraph may be made 
available for helicopters and related support costs for Colombia: 
Provided further, That up to $93,000,000 of the funds appropriated by 
this paragraph may be transferred to and merged with funds appropriated 
under the heading ``Andean Counterdrug Initiative'' 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

[[Page 117 STAT. 177]]

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 $38,000,000 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 $356,000,000 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, <<NOTE: Egypt. Deadline.>> 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.

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $115,000,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                   funds appropriated to the president

                  international financial institutions

                       global environment facility

    For the United States contribution for the Global Environment 
Facility, $147,812,533, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility,

[[Page 117 STAT. 178]]

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, $850,000,000, to remain available until 
expended.

      contribution to the multilateral investment guarantee agency

    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $1,631,000, 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 $7,609,793.

        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, $24,590,667, 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, $97,886,133, 
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.

[[Page 117 STAT. 179]]

              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, $195,150,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the Korean Peninsula Energy Development Organization 
(KEDO) or the International Atomic Energy Agency (IAEA): Provided 
further, That of the funds appropriated under this heading, not less 
than $500,000 should be made available for a United States contribution 
to the International Coffee Organization (ICO) if the United States 
becomes a member of the ICO prior to June 1, 2003: Provided further, 
That if the United States does not rejoin the International Coffee 
Organization by June 1, 2003, the amount allocated under the previous 
proviso should be made available for the United Nations Center for Human 
Settlements (UN-HABITAT) in addition to other funds made available for 
UN-HABITAT under this heading.

                       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.

[[Page 117 STAT. 180]]

                   private and voluntary organizations

    Sec. 502. <<NOTE: 22 USC 2151u note.>> (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

[[Page 117 STAT. 181]]

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: Provided further, That assistance or other financing under this 
Act or under prior foreign operations, export financing, and related 
programs appropriations Acts may be provided for humanitarian and relief 
assistance for Iraq notwithstanding the provisions of this section or 
any other provision of law, including comparable provisions contained in 
prior foreign operations, export financing, and related programs 
appropriations Acts, if the President determines that the provision of 
assistance or other financing for Iraq is important to the national 
security interests of the United States: Provided further, That such 
assistance or financing shall be subject to the regular notification 
procedures of the Committees on Appropriations, except that 
notifications shall be transmitted at least 5 days in advance of 
obligations of funds: Provided 
further, <<NOTE: President. Reports. Deadline.>> That the President 
shall submit a report to the Committees on Appropriations on the status 
of the allocation, obligation and expenditure of funds made available 
for Iraq not later than every 60 days during fiscal year 2003, beginning 
on March 1, 2003: Provided further, That each such report shall include 
information on programs, projects, and activities that are being funded 
or will be funded with such assistance or financing, and the departments 
and agencies responsible for managing each such program, project, and 
activity: Provided further, <<NOTE: Expiration date.>> That the 
authority of the second proviso of this section to provide assistance 
for Iraq shall expire on the date of enactment of the first subsequent 
supplemental appropriations Act for fiscal year 2003 that contains 
supplemental funding for appropriations accounts contained in this Act.

                             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

[[Page 117 STAT. 182]]

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. (a) None of the funds made available by this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    (b) Notwithstanding subsection (a), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this Act 
to carry out the purposes of the Foreign Assistance Act of 1961 may be 
allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (c) 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, not less than five days prior to the exercise of any 
authority contained in the Foreign Assistance Act of 1961 to transfer 
funds, consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    (d) Any agreement for the transfer or allocation of funds 
appropriated by this Act, or prior Acts, entered into between the United 
States Agency for International Development and another agency of the 
United States Government under the authority of section 632(a) of the 
Foreign Assistance Act of 1961 or any comparable provision of law, shall 
expressly provide that the Office of the Inspector General for the 
agency receiving the transfer or allocation of such funds shall perform 
periodic program and financial audits of the use of such funds: 
Provided, That funds transferred under such authority may be made 
available for the cost of such audits.

                   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

[[Page 117 STAT. 183]]

Foreign Assistance Act of 1961, as amended, section 23 of the Arms 
Export Control Act, and funds provided under the heading ``Assistance 
for Eastern Europe and the Baltic States'', shall remain available for 
an additional 4 years from the date on which the availability of such 
funds would otherwise have expired, if such funds are initially 
obligated before the expiration of their respective periods of 
availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available until 
expended.

            limitation on assistance to countries in default

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to 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 a program 
for which funds are appropriated under this Act unless the President 
determines, following consultations with the Committees on 
Appropriations, that assistance to such country is in the national 
interest of the United States.

                           commerce and trade

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

[[Page 117 STAT. 184]]

            (2) research activities intended primarily to benefit 
        American producers.

                           surplus commodities

    Sec. 514. <<NOTE: 22 USC 262h note.>> 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'', ``Capital 
Investment Fund'', ``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 Committees on Appropriations of both Houses of 
Congress are previously notified 15 days in advance: Provided, That the 
President shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for the 
provision of major defense equipment, other than conventional 
ammunition, or other major defense items defined to be aircraft, ships, 
missiles, or combat vehicles, not previously justified to Congress or 20 
percent in excess of the quantities justified to Congress unless the 
Committees on Appropriations are notified 15 days in advance of such 
commitment: Provided further, That this section shall not apply to any 
reprogramming for an activity, program, or project under chapter 1 of 
part I of the Foreign Assistance Act of 1961 of less than 10 percent of 
the amount previously justified to the Congress for obligation for such 
activity, program, or project for the current fiscal year: Provided 
further, That the requirements of this section

[[Page 117 STAT. 185]]

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) <<NOTE: 22 USC 5814 note.>> 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

[[Page 117 STAT. 186]]

the regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f) Funds appropriated in this or prior appropriations Acts that are 
or have been made available for an Enterprise Fund in the Independent 
States of the Former Soviet Union may be deposited by such Fund in 
interest-bearing accounts prior to the disbursement of such funds by the 
Fund for program purposes. The Fund may retain for such program purposes 
any interest earned on such deposits without returning such interest to 
the Treasury of the United States and without further appropriation by 
the Congress. Funds made available for Enterprise Funds shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations Acts 
under the heading ``Assistance for the Independent States of the Former 
Soviet Union'' and under comparable headings in prior appropriations 
Acts, for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Coordinator 
for United States Assistance to the New Independent States and the 
implementing agency shall encourage the participation of and give 
significant weight to contractors and grantees who propose investing a 
significant amount of their own resources (including volunteer services 
and in-kind contributions) in such projects and activities.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use of these 
funds by any such country or organization would violate any of the above 
provisions related to abortions and involuntary sterilizations.

                  export financing transfer authorities

    Sec. 519. 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

[[Page 117 STAT. 187]]

between such appropriations for use for any of the purposes, programs, 
and activities for which the funds in such receiving account may be 
used, but no such appropriation, except as otherwise specifically 
provided, shall be increased by more than 25 percent by any such 
transfer: Provided, That the exercise of such authority shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.

                    special notification requirements

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

              definition of program, project, and activity

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

                  child survival and health activities

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by this Act that are made available for child 
survival activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law: Provided 
further, That funds appropriated under title II of this Act may be made 
available pursuant to section 301 of the Foreign Assistance Act of 1961 
if a primary purpose of the

[[Page 117 STAT. 188]]

assistance is for child survival and related programs: Provided further, 
That of the funds appropriated under title II of this Act, not less than 
$446,500,000 shall be made available for family planning/reproductive 
health.

                               afghanistan

    Sec. 523. Of the funds appropriated by title II of this Act, not 
less than $295,500,000 shall be made available for humanitarian, 
reconstruction, and related assistance for Afghanistan: Provided, That 
of the funds made available pursuant to this section, not less than 
$50,000,000 should be from funds appropriated under the heading 
``Economic Support Fund'' for rehabilitation of primary roads, 
implementation of the Bonn Agreement and women's development, of which 
not less than $5,000,000 is to support activities coordinated by the 
Afghan Ministry of Women's Affairs, including the establishment and 
support of multi-service women's centers in Afghanistan: Provided 
further, That of the funds made available pursuant to this section from 
``Development Assistance'', ``International Disaster Assistance'' and 
``Transition Initiatives'', high priority should be placed on girls' and 
women's education, health, legal and social rights, economic 
opportunities, and political participation by women: Provided further, 
That assistance should be made available to communities and families 
that were adversely affected by the military operations: Provided 
further, That of the funds made available pursuant to this section, up 
to $9,850,000 may be transferred to and merged with funds appropriated 
by this Act under the headings ``Operating Expenses of the United States 
Agency for International Development'' and ``Operating Expenses of the 
United States Agency for International Development Inspector General''.

                notification on excess defense equipment

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

                        authorization requirement

    Sec. 525. Funds appropriated by this Act, except funds appropriated 
under the headings ``Trade and Development Agency'', ``International 
Military Education and Training'', ``Foreign Military Financing 
Program'', ``Migration and Refugee Assistance'', ``Peace

[[Page 117 STAT. 189]]

Corps'', and ``Nonproliferation, Anti-Terrorism, Demining and Related 
Programs'', may be obligated and expended notwithstanding section 10 of 
Public Law 91-672 and section 15 of the State Department Basic 
Authorities Act of 1956.

                           democracy programs

    Sec. 526. (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 
$15,000,000 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: 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 the Tibetan Autonomous Region and in other Tibetan 
communities in China: Provided further, That funds appropriated under 
the heading ``Economic Support Fund'' should be made available for 
assistance for Taiwan for the purposes of furthering political and legal 
reforms: Provided further, That such funds shall only be made available 
to the extent that they are matched from sources other than the United 
States Government: 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, civic education, 
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 not less than $3,000,000 should 
be made available for programs and activities that provide professional 
training for journalists: Provided further, That notwithstanding any 
other provision of law, funds made available pursuant to the authority 
of this subsection may be made available to support the advancement of 
democracy and human rights in Iran: Provided further, That funds made 
available pursuant to this subsection shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) Of the funds made available under subsection (a), not less than 
$9,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, to support the activities described in subsection (a), and of the 
funds made available under subsection (b), not less than $7,000,000 
shall be made available for such Fund to support the activities 
described in subsection (b): Provided, That funds made available in this 
section for such Fund are in addition to the $12,000,000 requested by 
the President for the Fund for fiscal year 2003.

[[Page 117 STAT. 190]]

    (d) Of the funds made available under subsection (a), not less than 
$3,000,000 shall be made available for the National Endowment for 
Democracy to support the activities described in subsection (a), and of 
the funds made available under subsection (b), not less than $5,000,000 
shall be made available for the National Endowment for Democracy to 
support the activities described in subsection (b): 
Provided, <<NOTE: Reports. Deadline.>> That the funds appropriated by 
this Act that are made available for the National Endowment for 
Democracy may be made available notwithstanding any other provision of 
law or regulation, and the Secretary of State shall provide a report to 
the Committees on Appropriations within 120 days of the date of 
enactment of this Act on the status of the allocation, obligation, and 
expenditure of such funds.

       prohibition on bilateral assistance to terrorist countries

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. <<NOTE: President. Federal 
Register, publication. Notification.>> The President shall publish each 
waiver in the Federal Register and, at least 15 days before the waiver 
takes effect, shall notify the Committees on Appropriations of the 
waiver (including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on Appropriations.

                          debt-for-development

    Sec. 528. In order to enhance the continued participation of 
nongovernmental organizations in 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 local currencies which accrue to that 
organization as a result of economic assistance provided under title II 
of this Act and any interest earned on such investment shall be used for 
the purpose for which the assistance was provided to that organization.

                            separate accounts

    Sec. 529. <<NOTE: 22 USC 2362 note.>> (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;

[[Page 117 STAT. 191]]

            (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).

[[Page 117 STAT. 192]]

    (3) <<NOTE: President.>> Notification.--At least 15 days prior to 
obligating any such cash transfer or nonproject sector assistance, the 
President shall submit a notification through the regular notification 
procedures of the Committees on Appropriations, which shall include a 
detailed description of how the funds proposed to be made available will 
be used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).

    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financial institutions

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

          compliance with united nations sanctions against iraq

    Sec. 531. <<NOTE: 50 USC 1701 note.>> None of the funds appropriated 
or otherwise made available pursuant to this Act to carry out the 
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part 
I, relating to the Overseas Private Investment Corporation) or the Arms 
Export Control Act may be used to provide assistance to any country that 
is not in compliance with the United Nations Security Council sanctions 
against Iraq unless the President determines and so certifies to the 
Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
        assistance for foreign nationals who have fled Iraq and Kuwait.

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

    Sec. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior

[[Page 117 STAT. 193]]

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. <<NOTE: Reports.>> The agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                   impact on jobs in the united states

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (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) 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)(D) and (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. 534. (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 may be made 
available notwithstanding section 512 of this Act and any similar 
provision of law, and funds appropriated in titles I and II of this Act 
that are made available for Lebanon, Montenegro, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (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

[[Page 117 STAT. 194]]

Development to employ up to 20 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 managed by the agency until permanent 
direct hire personnel are hired and trained: Provided, That not more 
than 7 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 Procurement; the Bureau for 
Africa; 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) Shipment of Humanitarian Assistance.--During fiscal year 2003, 
of the amounts made available by the United States Agency for 
International Development to carry out the provisions of section 123(b) 
of the Foreign Assistance Act of 1961, funds may be made available to 
nongovernmental organizations for administrative costs necessary to 
implement a program to obtain available donated space on commercial 
ships for the shipment of humanitarian assistance overseas.
    (h) 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.
    (i) 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, <<NOTE: 114 
Stat. 1900A-39.>>  are hereby repealed.

    (j) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 should be made available

[[Page 117 STAT. 195]]

as a general contribution to the World Food Program, notwithstanding any 
other provision of law.

                      arab league boycott of israel

    Sec. 535. It is the sense of the Congress 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. 536. Of the funds appropriated or otherwise made available by 
this Act for ``Economic Support Fund'', assistance may be provided to 
strengthen the administration of justice in countries in Latin America 
and the Caribbean and in other regions consistent with the provisions of 
section 534(b) of the Foreign Assistance Act of 1961, except that 
programs to enhance protection of participants in judicial cases may be 
conducted notwithstanding section 660 of that Act. Funds made available 
pursuant to this section may be made available notwithstanding section 
534(c) and the second and third sentences of section 534(e) of the 
Foreign Assistance Act of 1961.

                       eligibility for assistance

    Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter

[[Page 117 STAT. 196]]

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

[[Page 117 STAT. 197]]

                          ceilings and earmarks

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

                 prohibition on publicity or propaganda

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

            prohibition of payments to united nations members

    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.

              nongovernmental organizations--documentation

    Sec. 542. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
International Development.

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

    Sec. 543. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration 
Act. <<NOTE: Termination date.>>  The prohibition under this section 
with respect to a foreign government shall terminate 12 months after 
that government ceases to provide such military 
equipment. <<NOTE: Applicability.>>  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) <<NOTE: President. Reports.>> Whenever the waiver authority of 
subsection (b) is exercised, the President shall submit to the 
appropriate congressional committees a report with respect to the 
furnishing of such assistance.

[[Page 117 STAT. 198]]

Any such report shall include a detailed explanation of the assistance 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.

  withholding of assistance for parking fines owed by foreign countries

    Sec. 544. <<NOTE: District of Columbia. New 
York. Certification. Reports.>> (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 fines determined to be 
owed under the parking programs in 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. 545. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                      war crimes tribunals drawdown

    Sec. 546. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish 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 the 
drawdown made under this section for any tribunal shall not be construed 
as an

[[Page 117 STAT. 199]]

endorsement or precedent for the establishment of any standing or 
permanent international criminal tribunal or court: Provided further, 
That funds made available for tribunals other than Yugoslavia or Rwanda 
shall be made available subject to the regular notification procedures 
of the Committees on Appropriations.

                                landmines

    Sec. 547. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
such terms and conditions as the President may prescribe.

            restrictions concerning the palestinian authority

    Sec. 548. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian Authority), 
have social contacts, and have incidental discussions.

               prohibition of payment of certain expenses

    Sec. 549. None of the funds appropriated or otherwise made available 
by this Act under the heading ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Child Survival and Health 
Programs Fund'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

   restrictions on voluntary contributions to united nations agencies

    Sec. 550. None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United

[[Page 117 STAT. 200]]

States to the United Nations (including the United Nations Development 
Program) if the United Nations implements or imposes any taxation on any 
United States persons.

                             caribbean basin

    Sec. 551. (a) 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.
    (b) Of the funds appropriated by title II of this Act and of the 
funds appropriated to carry out food assistance programs managed by the 
United States Agency for International Development, a total of not less 
than $52,500,000 should be allocated for assistance for Haiti in fiscal 
year 2003.
    (c) Of the funds appropriated by title II of this Act, a total of 
$37,680,000 should be allocated for assistance for Nicaragua and 
$40,130,000 should be allocated for assistance for Honduras, to address 
the conditions of increasing poverty in the rural sectors of those 
countries through programs that support, among other things, increased 
agricultural production and other income generating opportunities, 
improved health, and expanded education opportunities, especially for 
disadvantaged youth.

          limitation on assistance to the palestinian authority

    Sec. 552. (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. 553. <<NOTE: Human rights.>> 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, <<NOTE: Notification.>> 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

[[Page 117 STAT. 201]]

measures to bring the responsible members of the security forces to 
justice.

             protection of biodiversity and tropical forests

    Sec. 554. Of the funds appropriated under the heading ``Development 
Assistance'', not less than $145,000,000 should be made available for 
programs and activities which directly protect biodiversity, including 
forests, in developing countries: Provided, That of the funds made 
available under this section, $50,000,000 shall be made available to 
carry out tropical forest conservation activities authorized by the 
Foreign Assistance Act of 1961, of which amount up to $40,000,000 may be 
made available 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 such Act, the 
Tropical Forest Conservation Act of 1998.

    energy conservation, energy efficiency and clean energy programs

    Sec. 555. (a) Funding.--Of the funds appropriated by this Act, not 
less than $175,000,000 should be made available to support policies and 
programs in developing countries and countries in transition 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.-- 
<<NOTE: Deadline. President.>> 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: (i) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (ii) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (iii) to promote 
        carbon capture and sequestration measures; (iv) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (v) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
        adaptation response strategies.

[[Page 117 STAT. 202]]

                                zimbabwe

    Sec. 556. <<NOTE: 22 USC 2151 note.>> 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. None of the funds appropriated under the headings 
``International Military Education and Training'' and ``Foreign Military 
Financing Program'' may be made available for assistance for Nigeria 
until the President certifies to the Committees on Appropriations 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: Provided, That 
the President may waive such prohibition if he determines that doing so 
is in the national security interest of the United States: Provided 
further, <<NOTE: President. Reports.>> That prior to exercising such 
waiver authority, the President shall submit a report to the Committees 
on Appropriations describing the involvement of the Nigerian Armed 
Forces in the incident in Benue State, the measures that are being taken 
to bring such individuals to justice, and whether any Nigerian Armed 
Forces units involved with the incident in Benue State are receiving 
United States assistance.

                                  burma

    Sec. 558. Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $7,000,000 shall be made available to 
support democracy activities in Burma, along the Burma-Thailand border, 
for activities of Burmese student groups and other organizations located 
outside Burma, and for the purpose of supporting the provision of 
humanitarian assistance to displaced Burmese along Burma's borders: 
Provided, That of this amount $500,000 should be made available to 
support newspapers, publications, and other media activities promoting 
democracy inside Burma: Provided further, That funds made available 
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. <<NOTE: President. Reports.>> 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

[[Page 117 STAT. 203]]

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 should instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to oppose 
loans to the Central Government of Cambodia, except loans to 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, cultural and historic 
preservation, programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, malaria, polio and other 
infectious diseases, programs to combat human trafficking that are 
provided through nongovernmental organizations, 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'', up to $5,000,000 may be made available for 
activities to support democracy, including assistance for democratic 
political parties.
    (d) Of the funds appropriated by this Act, $3,750,000 shall be made 
available, notwithstanding subsection (b), 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 such funds 
may be made available only if an amount at least equal to one-half the 
United States contribution is provided for the endowment from sources 
other than the United States Government.

                    foreign military training report

    Sec. 561. <<NOTE: Deadline.>> (a) The Secretary of Defense and the 
Secretary of State shall jointly provide to the Congress by May 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

[[Page 117 STAT. 204]]

Relations Committees of the Senate and the Appropriations and 
International Relations Committees of the House of Representatives.

            korean peninsula energy development organization

    Sec. 562. None of the funds appropriated by this Act, or prior Acts 
making appropriations for foreign operations, export financing, and 
related programs, may be made available for assistance to the Korean 
Peninsula Energy Organization (KEDO): Provided, That the President may 
waive this restriction and provide up to $5,000,000 of funds 
appropriated under the heading ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'' for assistance to KEDO for 
administrative expenses only notwithstanding any other provision of law, 
if he determines that it is vital to the national security interests of 
the United States and provides a written policy justification to the 
appropriate congressional committees: Provided further, That funds may 
be obligated for assistance to KEDO subject to the regular notification 
procedures of the Committees on Appropriations.

                          palestinian statehood

    Sec. 563. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a Palestinian state 
unless the Secretary of State determines and certifies to the 
appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has 
        been democratically elected through credible and competitive 
        elections;
            (2) the elected governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures;
                    (C) is establishing a new Palestinian security 
                entity that is fully cooperative with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (3) the Palestinian Authority (or the governing body of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

[[Page 117 STAT. 205]]

    (b) Sense of Congress.--It is the sense of Congress that the newly 
elected governing entity should enact a constitution assuring the rule 
of law, an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he determines 
that it is vital to the national security interests of the United States 
to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or a newly elected governing entity, in order 
to help meet the requirements of subsection (a), consistent with the 
provisions of section 552 of this Act (``Limitation on Assistance to the 
Palestinian Authority'').

                                colombia

    Sec. 564. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to 
        a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports 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 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 is punishing those members of the 
                Colombian Armed Forces found to have committed such 
                violations of human rights or to have aided or abetted 
                paramilitary organizations.
                    (C) 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).
                    (D) 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.
                    (E) The Colombian Armed Forces are executing orders 
                for capture of leaders of paramilitary organizations 
                that continue armed conflict.

[[Page 117 STAT. 206]]

            (3) The balance of such funds may be obligated after July 
        31, 2003, if the Secretary of State certifies and reports to the 
        appropriate congressional committees, after such date, that the 
        Colombian Armed Forces are continuing to meet the conditions 
        contained in paragraph (2) 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) <<NOTE: Deadline. Human rights.>> Consultative Process.--At 
least 10 days prior to making the certifications required by subsection 
(a), the Secretary of State shall consult with internationally 
recognized human rights organizations regarding progress in meeting the 
conditions contained in that subsection.

    (c) 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. 565. (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. 566. 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. 567. 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 political transition in Iraq: Provided, That 
none of the funds made available pursuant to the

[[Page 117 STAT. 207]]

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 section are made available subject to the regular notification 
procedures of the Committees on Appropriations.

                       west bank and gaza program

    Sec. 568. <<NOTE: Deadline. Certification.>> (a) Oversight.--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.

    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual or entity that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity. The Secretary of State shall, as appropriate, establish 
procedures specifying the steps to be taken in carrying out this 
subsection.
    (c) Audits.--(1) The Administrator of the United States Agency for 
International Development shall ensure that Federal or non-Federal 
audits of all contractors and grantees, and significant subcontractors 
and subgrantees, under the West Bank and Gaza Program, are conducted at 
least on an annual basis to ensure, among other things, compliance with 
this section.
    (2) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'' that are made available for assistance for the 
West Bank and Gaza, up to $1,000,000 may be used by the Office of the 
Inspector General of the United States Agency for International 
Development for audits, inspections, and other activities in furtherance 
of the requirements of this subsection. Such funds are in addition to 
funds otherwise available for such purposes.

                                indonesia

    Sec. 569. Funds appropriated by this Act under the heading ``Foreign 
Military Financing Program'' may be made available for assistance for 
Indonesia, and licenses may be issued for the export of lethal defense 
articles for the Indonesian Armed Forces, only 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 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,

[[Page 117 STAT. 208]]

        and is punishing those members of the Indonesian Armed Forces 
        found to have committed such violations of human rights or to 
        have aided or abetted militia groups;
            (3) 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
            (4) the Minister of Defense is making publicly available 
        audits of receipts and expenditures of the Indonesian Armed 
        Forces.

  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 aided or abetted, within the previous 6 months, in the 
illicit distribution, transportation, or sale of diamonds mined in 
Sierra Leone.
    (b) <<NOTE: Notification.>> Whenever the prohibition on assistance 
required under subsection (a) 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, <<NOTE: 5 USC 5597 note.>>  is amended by 
striking ``December 31, 2002'' and inserting in lieu thereof ``January 
1, 2003''.

             contributions to united nations population fund

    Sec. 572. Funds appropriated in Public Law 107-115 that were 
available for the United Nations Population Fund (UNFPA), and an equal 
amount in this Act, shall be made available for the UNFPA if the 
President determines that the UNFPA no longer supports or participates 
in the management of a program of coercive abortion or involuntary 
sterilization: Provided, That none of the funds made available for the 
UNFPA may be used in the People's Republic of China: Provided 
further, <<NOTE: Abortion. Applicability.>> That the other conditions on 
availability of funds for abortion and abortion-related activities 
contained in either this Act or Public Law 107-115, including but not 
limited to section 576(c), shall apply to any assistance provided for 
the UNFPA in this Act or Public Law 107-115, respectively: Provided 
further, <<NOTE: Applicability.>> That the conditions on availability of 
funds for the UNFPA as contained in section 576(c) of Public Law 107-115 
shall apply to any assistance provided for the UNFPA in this Act: 
Provided further, That the amount of funds that the UNFPA plans to spend 
in the People's Republic of China in calendar years 2002 and 2003, as 
determined by the Secretary of State, shall be deducted from funds made 
available to the UNFPA under Public Law 107-115 and this Act.

[[Page 117 STAT. 209]]

               procurement and financial management reform

    Sec. 573. (a) <<NOTE: Certification.>> Funding Conditions.--Of the 
funds made available under the heading ``International Financial 
Institutions'' in this Act, 10 percent of the United States portion or 
payment to such International Financial Institution shall be withheld by 
the Secretary of the Treasury, until the Secretary certifies to the 
Committees on Appropriations that, to the extent pertinent to its 
lending programs, the institution is--
            (1) implementing procedures for conducting annual audits by 
        qualified independent auditors for all new investment lending;
            (2) implementing procedures for annual independent external 
        audits of central bank financial statements for countries making 
        use of International Monetary Fund resources under new 
        arrangements or agreements with the Fund;
            (3) taking steps to establish an independent fraud and 
        corruption investigative organization or office;
            (4) implementing a process to assess a recipient country's 
        procurement and financial management capabilities including an 
        analysis of the risks of corruption prior to initiating new 
        investment lending; and
            (5) taking steps to fund and implement programs and policies 
        to improve transparency and anti-corruption programs and 
        procurement and financial management controls in recipient 
        countries.

    (b) Definitions.--The term ``International Financial Institutions'' 
means the International Bank for Reconstruction and Development, the 
International Development Association, the International Finance 
Corporation, the Inter-American Development Bank, the Inter-American 
Investment Corporation, the Enterprise for the Americas Multilateral 
Investment Fund, the Asian Development Bank, the Asian Development Fund, 
the African Development Bank, the African Development Fund, the European 
Bank for Reconstruction and Development, and the International Monetary 
Fund.

                              central asia

    Sec. 574. (a) Funds appropriated by this Act may be made available 
for assistance for the Government of Uzbekistan only 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''.
    (b) Funds appropriated by this Act may be made available for 
assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6 month period.
    (c) The Secretary of State may waive the requirements under 
subsection (b) if he determines and reports to the Committees on 
Appropriations that such a waiver is in the national security interests 
of the United States.

[[Page 117 STAT. 210]]

    (d) <<NOTE: Deadline. Reports.>> Not later than October 1, 2003, the 
Secretary of State shall submit a report to the Committees on 
Appropriations describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of each such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United States 
        by units of the armed forces, border guards, or other security 
        forces of such countries.

    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

                 commercial leasing of defense articles

    Sec. 575. 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. 576. (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 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) <<NOTE: Applicability.>> The provisions of subsection (a) shall 
apply unless the Secretary of State determines and reports to the 
appropriate congressional committees that the competent authorities of 
such country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators 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.

[[Page 117 STAT. 211]]

    (c) <<NOTE: Deadline.>> 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) <<NOTE: Human rights.>> 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. 577. 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. 578. (a) Funds appropriated by this Act may be made available 
for assistance for Serbia after June 15, 2003, if the President has made 
the determination and certification contained in subsection (c).
    (b) After June 15, 2003, the Secretary of the Treasury should 
instruct the United States executive directors to the international

[[Page 117 STAT. 212]]

financial institutions to support loans and assistance to the Government 
of the Federal Republic of Yugoslavia (or a government of a successor 
state) 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 
(or a successor state) through international financial institutions.
    (c) <<NOTE: President.>> 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 (or a government of a successor 
state) is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law, including the 
        release of political prisoners from Serbian jails and prisons.

    (d) This section shall not apply to Montenegro, Kosovo, humanitarian 
assistance or assistance to promote democracy in municipalities.

           prohibition on taxation of united states assistance

    Sec. 579. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement governing the terms 
and conditions under which such assistance is to be provided unless such 
agreement includes a provision stating that assistance provided by the 
United States shall be exempt from taxation, or reimbursed, by the 
foreign government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement.
    (b) <<NOTE: Certification. Reports.>> Reimbursement of Foreign 
Taxes.--An amount equivalent to 200 percent of the total taxes assessed 
during fiscal year 2003 by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through grantees, 
contractors and subcontractors, as of the date of the enactment of this 
Act, shall be withheld from obligation from funds appropriated for 
assistance for fiscal year 2004 and allocated for the central government 
of such country and for the West Bank and Gaza Program to the extent 
that the Secretary of State certifies and reports in writing to the 
Committees on Appropriations that such taxes have not been reimbursed to 
the Government of the United States.

    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Refund to the Treasury and Reprogramming of Funds.--Of the funds 
withheld from obligation for each country or entity pursuant to 
subsection (b), one-half may become available for reprogramming for 
other purposes (pursuant to section 515

[[Page 117 STAT. 213]]

of this Act and consistent with the purposes for which such funds were 
originally appropriated) and one-half shall be deposited in the General 
Fund of the Treasury on, or within 5 days after, September 1, 2004, 
pursuant to the certification required under subsection (b).
    (e) <<NOTE: Regulations.>> Implementation.--The Secretary of State 
shall issue rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance contained 
in this section.

    (f) <<NOTE: Deadline.>> Report.--Not later than February 1, 2004, 
the Comptroller General of the United States shall submit a report to 
the Committees on Appropriations which assesses the following--
            (1) the extent to which existing bilateral agreements 
        provide exemption from taxation;
            (2) the status of negotiations of new framework bilateral 
        agreements or modifications of existing framework bilateral 
        agreements;
            (3) the reasons why new framework bilateral agreements or 
        modifications of existing bilateral agreements, entered into 
        within the previous 5 years, have (as appropriate) failed to 
        include exemption from taxation; and
            (4) the administrative procedures that foreign governments 
        use to ensure that United States assistance commodities are not 
        taxed or, if they are, that such taxes are reimbursed to the 
        United States Government, and the adequacy of those procedures.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United States 
        and such government that describes, among other things, the 
        treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

                               gao report

    Sec. 580. <<NOTE: Deadline.>> Not later than November 1, 2003, the 
Comptroller General of the United States shall provide a report to the 
Committees on Appropriations on the extent to which the Department of 
State is complying with section 301(c) of the Foreign Assistance Act of 
1961, and on the implementation of procedures that have been established 
to meet the standards of the Department of State regarding compliance 
with the requirements of section 301(c).

                       training program evaluation

    Sec. 581. <<NOTE: Deadline. Reports.>> Not later than June 30, 2003, 
the Secretary of State, in consultation with the Secretary of Defense, 
shall submit a report to the Committees on Appropriations describing in 
detail the steps that the Departments of State and Defense are making to 
improve performance evaluation procedures for the International Military

[[Page 117 STAT. 214]]

Education and Training (IMET) program and the progress that the 
Departments of State and Defense are making in implementing section 548 
of the Foreign Assistance Act of 1961.

                    community-based police assistance

    Sec. 582. <<NOTE: 22 USC 2151 note.>> (a) Authority.--Funds made 
available to carry out the provisions of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961, may be used, 
notwithstanding section 660 of that Act, to enhance the effectiveness 
and accountability of civilian police authority in Jamaica and El 
Salvador through training and technical assistance in human rights, the 
rule of law, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance including 
assistance for programs to prevent conflict and foster improved police 
relations with the communities they serve.

  (b) Report.--
            (1) The Administrator of the United States Agency for 
        International Development shall submit, at the time of 
        submission of the agency's Congressional Budget Justification 
        Document for fiscal year 2004, and annually thereafter, a report 
        to the Committees on Appropriations describing the progress 
        these programs are making toward improving police relations with 
        the communities they serve and institutionalizing an effective 
        community-based police program.
            (2) The requirements of paragraph (1) are in lieu of the 
        requirements contains in section 587(b) of Public Law 107-115.

    (c) Notification.--Assistance provided under subsection (a) shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.

     overseas private investment corporation and export-import bank 
                              restrictions

    Sec. 583. (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 subsections (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.

[[Page 117 STAT. 215]]

                         trade capacity building

    Sec. 584. Of the funds appropriated by this Act, under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', and ``International Organizations and 
Programs'', not less than $452,000,000 should be made available for 
trade capacity building assistance.

                     transparency and accountability

    Sec. 585. (a) Findings.--The Congress finds that--
            (1) There is a lack of transparency in the revenues and 
        expenditures of the national budgets of many developing 
        countries that receive United States assistance.
            (2) In such countries, official revenues--particularly from 
        natural resource extraction--are often unreported, under-
        reported, or inaccurately recorded by foreign government 
        agencies.
            (3) Such inefficiencies--which in some instances mask 
        outright theft--result in the failure of such governments to 
        adequately provide their citizens with social, political, 
        economic, and legal benefits and opportunities, and undermine 
        the effectiveness of assistance provided to such countries by 
        the United States and other international donors.
            (4) Good governance and respect for the rule of law are 
        critical to a nation's development.

    (b) <<NOTE: Deadline.>> Report.--Not more than 90 days after 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations, describing in detail--
            (1) Those countries whose central governments receive 
        foreign assistance from the United States;
            (2) Relevant laws and regulations in such countries 
        governing the public disclosure of revenues and expenditures in 
        national budgets;
            (3) The adequacy of those laws and regulations, and the 
        extent to which they are implemented and enforced;
            (4) Those countries receiving such assistance where no such 
        laws or regulations exist, and the extent to which such revenues 
        and expenditures are publicly disclosed; and
            (5) Programs and activities sponsored by the United States 
        Government to promote accurate disclosure of revenues and 
        expenditures in the national budgets of such countries, and the 
        results of those programs and activities.

  american churchwomen and other citizens in el salvador and guatemala

    Sec. 586. <<NOTE: Barbara Ann Ford.>> (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) <<NOTE: Deadline. President.>> 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

[[Page 117 STAT. 216]]

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.
    This division may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2003''.


    Approved February 20, 2003.



           [[NOTE: We omit the remaining divisions of the Act.]]

           
           

LEGISLATIVE HISTORY--H.J. Res. 2:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-10 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Jan. 8, considered and passed House.
            Jan. 15-17, 21-23, considered and passed Senate, amended.
            Feb. 13, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
            Feb. 20, Presidential statements.

                                  <all>