HR 2506 PP
107th CONGRESS
1st Session
H. R. 2506
IN THE HOUSE OF REPRESENTATIVES
Ordered to be printed with the amendment of
the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
AN ACT
Making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
Be it enacted by the Senate and House of Representatives of the
[Struck out->]
That the following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September 30, 2002, and for
other purposes, namely: [<-Struck
out]
[Struck out->] TITLE I--EXPORT AND
INVESTMENT ASSISTANCE [<-Struck
out]
[Struck out->] EXPORT-IMPORT BANK OF THE
UNITED STATES [<-Struck out]
[Struck out->]
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. [<-Struck out]
[Struck out->] SUBSIDY APPROPRIATION [<-Struck out]
[Struck out->]
For the cost of direct loans, loan guarantees, insurance, and tied-aid grants
as authorized by section 10 of the Export-Import Bank Act of 1945, as amended,
$753,323,000 (reduced by $1) (reduced by $15,000,000) to remain available until
September 30, 2005: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such sums shall remain
available until September 30, 2020 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years 2002, 2003,
2004, and 2005: Provided further, That none of the funds appropriated by
this Act or any prior Act appropriating funds for foreign operations, export
financing, or related programs for tied-aid credits or grants may be used for
any other purpose except through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
by this paragraph are made available notwithstanding section 2(b)(2) of the
Export Import Bank Act of 1945, in connection with the purchase or lease of any
product by any East European country, any Baltic State or any agency or
national thereof. [<-Struck
out]
[Struck out->] ADMINISTRATIVE EXPENSES [<-Struck out]
[Struck out->]
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, $63,000,000
(reduced by $3,000,000): Provided, That necessary expenses (including
special services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other assets
acquired by the Export-Import Bank in satisfaction of moneys owed the
Export-Import Bank, or the investigation or appraisal of any property, or the
evaluation of the legal or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been made, shall
be considered nonadministrative expenses for the purposes of this heading: Provided
further, That, notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 2002. [<-Struck
out]
[Struck out->] OVERSEAS PRIVATE INVESTMENT
CORPORATION [<-Struck out]
[Struck out->] NONCREDIT ACCOUNT [<-Struck out]
[Struck out->]
The Overseas Private Investment Corporation is authorized to make, without regard
to fiscal year limitations, as provided by 31 U.S.C. 9104, such expenditures
and commitments within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses which
shall not exceed $35,000) shall not exceed $38,608,000: Provided further,
That project-specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered administrative
expenses for the purposes of this heading. [<-Struck out]
[Struck out->] PROGRAM ACCOUNT [<-Struck out]
[Struck out->]
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. [<-Struck out]
[Struck out->] Funds Appropriated to the
President [<-Struck out]
[Struck out->] TRADE AND DEVELOPMENT
AGENCY [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of section 661 of the
Foreign Assistance Act of 1961, $50,024,000, to remain available until
[Struck out->] TITLE II--BILATERAL
ECONOMIC ASSISTANCE [<-Struck
out]
[Struck out->] Funds Appropriated to the
President [<-Struck out]
[Struck out->]
For expenses necessary to enable the President to carry out the provisions of
the Foreign Assistance Act of 1961, and for other purposes, to remain available
until September 30, 2002, unless otherwise specified herein, as follows: [<-Struck out]
[Struck out->] UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT [<-Struck
out]
[Struck out->] CHILD SURVIVAL AND HEALTH
PROGRAMS FUND [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of chapters 1 and 10 of part
I of the Foreign Assistance Act of 1961 and title I of Public Law 106-570, for
child survival, reproductive health, assistance to combat tropical and other
infectious diseases, and related activities, in addition to funds otherwise
available for such purposes, $1,387,000,000 (increased by $18,000,000)
(increased by $20,000,000), to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health, nutrition,
water and sanitation programs, and related education programs, which directly
address the needs of mothers and children; (4) assistance for displaced and
orphaned children; (5) programs for the prevention, treatment, and control of,
and research on, tuberculosis, HIV/AIDS, polio, malaria and other infectious
diseases; and (6) reproductive health: Provided further, That none of
the funds appropriated under this heading may be made available for nonproject
assistance, except that funds may be made available for such assistance for
ongoing health programs: Provided further, That of the funds
appropriated under this heading, not to exceed $125,000, in addition to funds
otherwise available for such purposes, may be used to monitor and provide
oversight of child survival, maternal health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$295,000,000 for child survival and maternal health; $25,000,000 (increased by
$5,000,000) for vulnerable children; $434,000,000 (increased by $13,000,000)
for HIV/AIDS; $155,000,000 (increased by $20,000,000) for other infectious
diseases; $120,000,000 for UNICEF; and $358,000,000 for reproductive health: 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 The
Vaccine Fund and up to $10,000,000 may be made available for the International
AIDS Vaccine Initiative: Provided further, That of the funds
appropriated under this heading and under the heading `Child Survival and
Disease Programs Fund' in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001, up to $100,000,000 may be made available for
a United States contribution to a multilateral trust fund to fight HIV/AIDS,
malaria, and tuberculosis: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior appropriations
may be made available to any organization or program which, as determined by
the President of the United States, supports or participates in the management
of a program of coercive abortion or involuntary sterilization: Provided
further, That none of the funds made available under this heading 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; and that in order to
reduce reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of family
planning methods and services, and that any such voluntary family planning
project shall meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a particular
method of family planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general welfare
or the right of access to health care, as a consequence of any individual's
decision not to accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that might render the
use of the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than 60 days after the
date on which the Administrator of the United States Agency for International
Development determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committee on International
Relations and the Committee on Appropriations of the House of Representatives
and to the Committee on Foreign Relations and the Committee on Appropriations
of the Senate, 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 of the amount made available under this
heading for HIV/AIDS, $5,000,000 shall be for assistance to prevent
mother-to-child HIV/AIDS transmission through effective partnerships with
nongovernmental organizations and research facilities pursuant to section
104(c)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(5)). [<-Struck out]
[Struck out->] DEVELOPMENT ASSISTANCE [<-Struck out]
[Struck out->]
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,
$1,098,000,000, to remain available until September 30, 2003: Provided,
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 (CITES): Provided further,
That of the funds appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and victims of war, not
to exceed $25,000, in addition to funds otherwise available for such purposes,
may be used to monitor and provide oversight of such programs: Provided
further, That $135,000,000 should be allocated for children's basic
education. [<-Struck out]
[Struck out->] INTERNATIONAL DISASTER ASSISTANCE
[<-Struck out]
[Struck out->]
For necessary expenses for international disaster relief, rehabilitation, and
reconstruction assistance pursuant to section 491 of the Foreign Assistance Act
of 1961, as amended, $200,000,000 (increased by $1,000,000), to remain
available until expended. [<-Struck
out]
[Struck out->] TRANSITION INITIATIVES [<-Struck out]
[Struck out->]
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign Assistance Act
of 1961, $40,000,000, to remain available until expended, to support transition
to democracy and to long-term development of countries in crisis: Provided,
That such support may include assistance to develop, strengthen, or preserve
democratic institutions and processes, revitalize basic infrastructure, and
foster the peaceful resolution of conflict: Provided further, That the
United States Agency for International Development shall submit a report to the
Committees on Appropriations at least 5 days prior to beginning a new program
of assistance. [<-Struck out]
[Struck out->] DEVELOPMENT CREDIT
AUTHORITY [<-Struck out]
[Struck out->] (INCLUDING TRANSFER OF
FUNDS) [<-Struck out]
[Struck out->]
For the cost of loan guarantees, up to $12,500,000, as authorized by sections
108 and 635 of the Foreign Assistance Act of 1961: Provided, That such
funds shall be derived by transfer from funds appropriated by this Act to carry
out part I of the Foreign Assistance Act of 1961, and under the heading `Assistance
for Eastern Europe and the Baltic States': Provided further, That such
funds shall be made available only for micro and small enterprise programs and
other programs which further the purposes of part I of the Act: Provided
further, That during fiscal year 2002, commitments to guarantee loans shall
not exceed $177,500,000: Provided further, That such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as reported by
the House Committee on International Relations on May 9, 1997, shall be
applicable to loan guarantees provided under this heading. In addition, for
administrative expenses to carry out credit programs administered by the United
States Agency for International Development, $7,500,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That funds
appropriated under this heading shall remain available until September 30,
2003. [<-Struck out]
[Struck out->] PAYMENT TO THE FOREIGN
SERVICE RETIREMENT AND DISABILITY FUND [<-Struck out]
[Struck out->]
For payment to the `Foreign Service Retirement and Disability Fund', as
authorized by the Foreign Service Act of 1980, $44,880,000. [<-Struck out]
[Struck out->] OPERATING EXPENSES OF THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of section 667,
$549,000,000: Provided, That none of the funds appropriated under this
heading may be made available to finance the construction (including architect
and engineering services), purchase, or long term lease of offices for use by
the United States Agency for International Development, unless the
Administrator has identified such proposed construction (including architect
and engineering services), purchase, or long term lease of offices in a report
submitted to the Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further, That the
previous proviso shall not apply where the total cost of construction
(including architect and engineering services), purchase, or long term lease of
offices does not exceed $1,000,000. [<-Struck out]
[Struck out->] OPERATING EXPENSES OF THE
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of section 667, $30,000,000,
to remain available until
[Struck out->] Other Bilateral Economic
Assistance [<-Struck out]
[Struck out->] ECONOMIC SUPPORT FUND [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of chapter 4 of part II,
$2,199,000,000, to remain available until September 30, 2003: Provided,
That of the funds appropriated under this heading, not less than $720,000,000
shall be available only for Israel, which sum shall be available on a grant
basis as a cash transfer and shall be disbursed within 30 days of the enactment
of this Act or by October 31, 2001, whichever is later: Provided further,
That not less than $655,000,000 shall be available only for Egypt, which sum
shall be provided on a grant basis, and of which sum cash transfer assistance
shall be provided with the understanding that Egypt will undertake significant
economic reforms which are additional to those which were undertaken in
previous fiscal years: Provided further, That in exercising the authority
to provide cash transfer assistance for Israel, the President shall ensure that
the level of such assistance does not cause an adverse impact on the total
level of nonmilitary exports from the United States to such country and that
Israel enters into a side letter agreement in an amount proportional to the
fiscal year 1999 agreement: Provided further, That not less than
$35,000,000 of the funds appropriated under this heading should be made
available for Lebanon to be used, among other programs, for scholarships and
direct support of the American educational institutions in Lebanon: Provided
further, That not less than $15,000,000 of the funds appropriated under
this heading should be made available for Cyprus to be used only for
scholarships, administrative support of the scholarship program, bicommunal
projects, and measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the two communities
on Cyprus: Provided further, That 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. [<-Struck out]
[Struck out->] INTERNATIONAL FUND FOR
[Struck out->]
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, 2003. [<-Struck out]
[Struck out->] ASSISTANCE FOR
[Struck out->]
(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, $600,000,000, to remain available until September 30, 2003, which
shall be available, notwithstanding any other provision of law, for assistance
and for related programs for Eastern Europe and the Baltic States: Provided,
That funds made available for assistance for Kosovo from funds appropriated
under this heading and under the headings `Economic Support Fund' and
`International Narcotics Control and Law Enforcement' should not exceed 15
percent of the total resources pledged by all donors for calendar year 2002 for
assistance for Kosovo as of March 31, 2002: Provided further, That none
of the funds made available under this Act for assistance for Kosovo shall be
made available for large scale physical infrastructure reconstruction. [<-Struck out]
[Struck out->]
(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
[Struck out->]
(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. [<-Struck
out]
[Struck out->]
(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. [<-Struck
out]
[Struck out->]
(e) The provisions of section 529 of this Act shall apply to funds made
available under subsection (e) 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. [<-Struck out]
[Struck out->]
(f) The President is authorized to withhold funds appropriated under this
heading made available for economic revitalization programs in Bosnia and
Herzegovina, if he determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied with article III
of annex 1-A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between Iranian
officials and Bosnian officials has not been terminated. [<-Struck out]
[Struck out->] ASSISTANCE FOR THE
INDEPENDENT STATES OF THE FORMER SOVIET
[Struck out->]
(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of
part I of the Foreign Assistance Act of 1961 and the FREEDOM Support Act, for
assistance for the Independent States of the former Soviet Union and for
related programs, $768,000,000, to remain available until September 30, 2003: Provided,
That the provisions of such chapters shall apply to funds appropriated by this
paragraph: Provided further, That of the funds made available for the
Southern Caucasus region, notwithstanding any other provision of law, 15
percent 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. [<-Struck
out]
[Struck out->]
(b) Of the funds appropriated under this heading, not to exceed $125,000,000
may be made available for assistance for
[Struck out->]
(c) Of the funds appropriated under this title, not less than $82,500,000
should be made available for assistance for
[Struck out->]
(d) Of the funds appropriated under this title, not less than $82,500,000
should be made available for assistance for
[Struck out->]
(e) Section 907 of the FREEDOM Support Act shall not apply to-- [<-Struck out]
[Struck out->]
(1) activities to support democracy or assistance under title V of the FREEDOM
Support Act and section 1424 of Public Law 104-201; [<-Struck out]
[Struck out->]
(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); [<-Struck out]
[Struck out->]
(3) any activity carried out by a member of the
[Struck out->]
(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.); [<-Struck out]
[Struck out->]
(5) any financing provided under the Export-Import Bank Act of 1945; or [<-Struck out]
[Struck out->]
(6) humanitarian assistance. [<-Struck
out]
[Struck out->]
(f) Not more than 30 percent of the funds appropriated under this heading may
be made available for assistance for any country in the region. Activities authorized
under title V (nonproliferation and disarmament programs and activities) of the
FREEDOM Support Act shall not be counted against the 30 percent limitation. [<-Struck out]
[Struck out->]
(g)(1) Of the funds appropriated under this heading that are allocated for
assistance for the Government of the Russian Federation, 60 percent shall be
withheld from obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government of the Russian
Federation: [<-Struck out]
[Struck out->]
(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 [<-Struck
out]
[Struck out->]
(B) is providing full access to international non-government organizations
providing humanitarian relief to refugees and internally displaced persons in
[Struck out->]
(2) Paragraph (1) shall not apply to-- [<-Struck out]
[Struck out->]
(A) assistance to combat infectious diseases or assistance for victims of
trafficking in persons; and [<-Struck
out]
[Struck out->]
(B) activities authorized under title V (Nonproliferation and Disarmament
Programs and Activities) of the FREEDOM Support Act. [<-Struck out]
[Struck out->]
(h) Of the funds appropriated under this heading, not less than $45,000,000
should be made available, in addition to funds otherwise available for such
purposes, for assistance for child survival, environmental and reproductive
health, and to combat infectious diseases, and for related activities. [<-Struck out]
[Struck out->] Independent Agencies [<-Struck out]
[Struck out->] INTER-AMERICAN FOUNDATION [<-Struck out]
[Struck out->]
For expenses necessary to carry out the functions of the Inter-American
Foundation in accordance with the provisions of section 401 of the Foreign
Assistance Act of 1969, and to make commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104(b)(3), $12,000,000. [<-Struck out]
[Struck out->] AFRICAN DEVELOPMENT
FOUNDATION [<-Struck out]
[Struck out->]
For expenses necessary to carry out title V of the International Security and
Development Cooperation Act of 1980, Public Law 96-533, and to make commitments
without regard to fiscal year limitations, as provided by 31 U.S.C. 9104(b)(3),
$16,042,000: Provided, That funds made available to grantees may be
invested pending expenditure for project purposes when authorized by the
President of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made: Provided
further, That this authority applies to interest earned both prior to and
following enactment of this provision: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the board of directors of the Foundation may waive
the $250,000 limitation contained in that section with respect to a project: Provided
further, That the Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is exercised. [<-Struck out]
[Struck out->] PEACE CORPS [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of the Peace Corps Act (75
Stat. 612), $275,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further, That funds
appropriated under this heading shall remain available until September 30,
2003. [<-Struck out]
[Struck out->] Department of State [<-Struck out]
[Struck out->] INTERNATIONAL NARCOTICS
CONTROL AND LAW ENFORCEMENT [<-Struck
out]
[Struck out->]
For necessary expenses to carry out section 481 of the Foreign Assistance Act
of 1961, $217,000,000, to remain available until expended: Provided,
That any funds made available under this heading for anti-crime programs and
activities shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
during fiscal year 2002, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the United States
Government for the purpose of providing it to a foreign country under chapter 8
of part I of that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this heading, not more than $16,660,000 may be available for
administrative expenses. [<-Struck
out]
[Struck out->] ANDEAN COUNTERDRUG
INITIATIVE [<-Struck out]
[Struck out->]
For necessary expenses to carry out section 481 of the Foreign Assistance Act
of 1961 solely to support counterdrug activities in the Andean region of South
America, $676,000,000 (reduced by $1,000,000), to remain available until
expended: Provided, That section 3204(b) of Public Law 106-246 is
amended by adding a new subsection (b)(3) as follows: `(3) FURTHER EXCEPTION-
Notwithstanding paragraph (2), the limitation contained in paragraph (1)(B) my
be waived: (i) if the President certifies to the appropriate committees of the
Congress that the aggregate ceiling of 800 United States personnel contained in
paragraph (1) will not be exceeded by such waiver; and (ii) if Congress is
informed of the extent to which the limitation under paragraph (1)(B) is
exceeded by such certification.': Provided further, That section 482(b)
of the Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading for assistance for Colombia: Provided further, That
assistance provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act of 1961,
as amended, shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading, not more than $14,240,000 may be
for administrative expenses: Provided further, That, of the funds
appropriated under this heading, $65,000,000 shall not be available for
obligation until: (1) the Secretary of State submits to the Congress a full
report on the incident of April 20, 2001, in which Veronica `Roni' Bowers and
her 7-month old daughter, Charity, were needlessly killed when a Peruvian Air
Force jet opened fire on their plane after the crew of another plane, owned by
the Department of Defense and chartered by the Central Intelligence Agency,
mistakenly targeted the plane to be potentially smuggling drugs in the Andean
region; and (2) the Secretary of State, Secretary of Defense, and Director of
Central Intelligence certify to the Congress, 30 days before any resumption of
United States involvement in counter-narcotic flights and a force-down program
that continues to permit the ability of the Peruvian Air Force to shoot down
aircraft, that the force-down program will include enhanced safeguards and
procedures to prevent the occurrence of any incident similar to the April 20,
2001, incident. [<-Struck
out]
[Struck out->] MIGRATION AND REFUGEE
ASSISTANCE [<-Struck out]
[Struck out->]
For expenses, not otherwise provided for, necessary to enable the Secretary of
State to provide, as authorized by law, contributions 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, $715,000,000, which shall remain available until expended: Provided,
That of the funds appropriated under this heading, not more than $15,000,000
may be available for administrative expenses: 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
the 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. [<-Struck out]
[Struck out->] UNITED STATES EMERGENCY
REFUGEE AND MIGRATION ASSISTANCE FUND [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of section 2(c) of the
Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)),
$15,000,000, to remain available until expended: Provided, That the
funds made available under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of the Act which would limit the amount
of funds which could be appropriated for this purpose. [<-Struck out]
[Struck out->] NONPROLIFERATION,
ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS [<-Struck out]
[Struck out->]
For necessary expenses for nonproliferation, anti-terrorism and related
programs and activities, $311,000,000, to carry out the provisions of chapter 8
of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the International Atomic
Energy Agency (IAEA) and a voluntary contribution to the Korean Peninsula
Energy Development Organization (KEDO), and for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
That the Secretary of State shall inform the Committees on Appropriations at
least 20 days prior to the obligation of funds for the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission: Provided further, That of this
amount not to exceed $14,000,000, to remain available until expended, may be
made available for the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the Independent
States of the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so following
consultation with the appropriate committees of Congress: Provided further,
That funds appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State determines
(and so reports to the Congress) that Israel is not being denied its right to
participate in the activities of that Agency. [<-Struck out]
[Struck out->] Department of the Treasury [<-Struck out]
[Struck out->] INTERNATIONAL AFFAIRS
TECHNICAL ASSISTANCE [<-Struck
out]
[Struck out->]
For necessary expenses to carry out the provisions of section 129 of the
Foreign Assistance Act of 1961 (relating to international affairs technical
assistance activities), $6,000,000, to remain available until expended, which
shall be available notwithstanding any other provision of law: Provided,
That these funds shall be subject to the regular notification procedures of the
Committees on Appropriations. [<-Struck
out]
[Struck out->] DEBT RESTRUCTURING [<-Struck out]
[Struck out->]
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, of modifying loans and loan guarantees, as the President may determine,
for which funds have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including the cost of
selling, reducing, or canceling amounts owed to the United States as a result
of concessional loans made to eligible countries, pursuant to parts IV and V of
the Foreign Assistance Act of 1961, and of modifying concessional credit
agreements with least developed countries, as authorized under section 411 of
the Agricultural Trade Development and Assistance Act of 1954, as amended, and
concessional loans, guarantees and credit agreements, as authorized under
section 572 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts owed,
as a result of loans or guarantees made pursuant to the Export-Import Bank Act
of 1945, by countries that are eligible for debt reduction pursuant to title V
of H.R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106-113,
$224,000,000, to remain available until expended: Provided, That of
unobligated balances of funds available under this heading from prior year
appropriations Acts, not less than $25,000,000 may be made available to carry
out the provisions of part V of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated or otherwise made available under this
heading in this Act may be used by the Secretary of the Treasury to pay to the
Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the
International Bank for Reconstruction and Development amounts for the benefit
of countries that are eligible for debt reduction pursuant to title V of H.R.
3425 as enacted into law by section 1000(a)(5) of Public Law 106-113: Provided
further, That amounts paid to the HIPC Trust Fund may be used only to fund
debt reduction under the enhanced HIPC initiative by-- [<-Struck out]
[Struck out->]
(1) the Inter-American Development Bank; [<-Struck out]
[Struck out->]
(2) the African Development Fund; [<-Struck
out]
[Struck out->]
(3) the African Development Bank; and [<-Struck out]
[Struck out->]
(4) the Central American Bank for Economic Integration: [<-Struck out]
[Struck out->]
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible evidence that
the government of such country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement measures to
alleviate poverty and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations, the
Secretary of the Treasury shall consult with the Committees on Appropriations
concerning which countries and international financial institutions are
expected to benefit from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary of the
Treasury shall inform the Committees on Appropriations not less than 15 days in
advance of the signature of an agreement by the United States to make payments to
the HIPC Trust Fund of amounts for such countries and institutions: Provided
further, That the Secretary of the Treasury may disburse funds designated
for debt reduction through the HIPC Trust Fund only for the benefit of
countries that-- [<-Struck
out]
[Struck out->]
(a) have committed, for a period of 24 months, not to accept new market-rate
loans from the international financial institution receiving debt repayment as
a result of such disbursement, other than loans made by such institution to
export-oriented commercial projects that generate foreign exchange which are
generally referred to as `enclave' loans; and [<-Struck out]
[Struck out->]
(b) have documented and demonstrated their commitment to redirect their
budgetary resources from international debt repayments to programs to alleviate
poverty and promote economic growth that are additional to or expand upon those
previously available for such purposes: [<-Struck out]
[Struck out->]
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall not
apply to funds appropriated under this heading: Provided further, That
none of the funds made available under this heading in this or any other appropriations
Acts shall be made available for Sudan or Burma unless the Secretary of
Treasury determines and notifies the Committees on Appropriations that a
democratically elected government has taken office: Provided further,
That the authority provided by section 572 of Public Law 100-461 may be
exercised only with respect to countries that are eligible to borrow from the
International Development Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as `IDA-only' countries. [<-Struck out]
[Struck out->] TITLE III--MILITARY
ASSISTANCE [<-Struck out]
[Struck out->] Funds Appropriated to the
President [<-Struck out]
[Struck out->] INTERNATIONAL MILITARY
EDUCATION AND TRAINING [<-Struck
out]
[Struck out->]
For necessary expenses to carry out the provisions of section 541 of the
Foreign Assistance Act of 1961, $65,000,000, of which up to $1,000,000 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 grant financed military education and training for
Indonesia and Guatemala may only be available for expanded international
military education and training and funds made available for Indonesia and
Guatemala may only be provided through the regular notification procedures of
the Committees on Appropriations. [<-Struck
out]
[Struck out->] FOREIGN MILITARY FINANCING
PROGRAM [<-Struck out]
[Struck out->]
For expenses necessary for grants to enable the President to carry out the
provisions of section 23 of the Arms Export Control Act, $3,627,000,000: Provided,
That of the funds appropriated under this heading, not less than $2,040,000,000
shall be available for grants only for Israel, and not less than $1,300,000,000
shall be made available for grants only for Egypt: Provided further,
That the funds appropriated by this paragraph for Israel shall be disbursed
within 30 days of the enactment of this Act or by October 31, 2001, whichever
is later: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than $535,000,000
shall be available for the procurement in Israel of defense articles and
defense services, including research and development: Provided further,
That foreign military financing program funds estimated to be outlayed for
Egypt during fiscal year 2002 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York within 30 days of
enactment of this Act or by October 31, 2001, whichever is later: Provided
further, That 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). [<-Struck
out]
[Struck out->]
None of the funds made available under this heading shall be available to
finance the procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be financed with
such funds: Provided, That all country and funding level increases in
allocations shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for Sudan and
Liberia: Provided further, That funds made available under this heading
may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include activities
implemented through nongovernmental and international organizations: Provided
further, That none of the funds appropriated under this heading shall be
available for assistance for Guatemala: Provided further, That only
those countries for which assistance was justified for the `Foreign Military
Sales Financing Program' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That funds appropriated
under this heading shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided further, That
not more than $35,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United States, for the
general costs of administering military assistance and sales: Provided
further, That not more than $348,000,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2002 pursuant
to section 43(b) of the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification procedures of the
Committees on Appropriations. [<-Struck
out]
[Struck out->] PEACEKEEPING OPERATIONS [<-Struck out]
[Struck out->]
For necessary expenses to carry out the provisions of section 551 of the
Foreign Assistance Act of 1961, $135,000,000: 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. [<-Struck
out]
[Struck out->] TITLE IV--MULTILATERAL
ECONOMIC ASSISTANCE [<-Struck
out]
[Struck out->] FUNDS APPROPRIATED TO THE
PRESIDENT [<-Struck out]
[Struck out->] INTERNATIONAL FINANCIAL
INSTITUTIONS [<-Struck out]
[Struck out->] GLOBAL ENVIRONMENT FACILITY
[<-Struck out]
[Struck out->]
For the United States contribution for the Global Environment Facility,
$82,500,000, to the International Bank for Reconstruction and Development as
trustee for the Global Environment Facility, by the Secretary of the Treasury,
to remain available until expended. [<-Struck out]
[Struck out->] CONTRIBUTION TO THE
INTERNATIONAL DEVELOPMENT ASSOCIATION [<-Struck out]
[Struck out->]
For payment to the International Development Association by the Secretary of
the Treasury, $803,400,000, to remain available until expended: Provided,
That in negotiating United States participation in the next replenishment of
the International Development Association, the Secretary of the Treasury shall
accord high priority to providing the International Development Association
with the policy flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC Initiative. [<-Struck out]
[Struck out->] CONTRIBUTION TO THE
MULTILATERAL INVESTMENT GUARANTEE AGENCY [<-Struck out]
[Struck out->]
For payment to the Multilateral Investment Guarantee Agency by the Secretary of
the Treasury, $10,000,000 (reduced by $10,000,000), for the United States
paid-in share of the increase in capital stock, to remain available until
expended. [<-Struck out]
[Struck out->] LIMITATION ON CALLABLE
CAPITAL SUBSCRIPTIONS [<-Struck
out]
[Struck out->]
The United States Governor of the Multilateral Investment Guarantee Agency may
subscribe without fiscal year limitation for the callable capital portion of
the United States share of such capital stock in an amount not to exceed
$50,000,000. [<-Struck out]
[Struck out->] CONTRIBUTION TO THE
INTER-AMERICAN INVESTMENT CORPORATION [<-Struck out]
[Struck out->]
For payment to the Inter-American Investment Corporation, by the Secretary of
the Treasury, $10,000,000, for the United States share of the increase in
subscriptions to capital stock, to remain available until expended. [<-Struck out]
[Struck out->] CONTRIBUTION TO THE ASIAN
DEVELOPMENT FUND [<-Struck out]
[Struck out->]
For the United States contribution by the Secretary of the Treasury to the
increase in resources of the Asian Development Fund, as authorized by the Asian
Development Bank Act, as amended, $103,017,050 (reduced by $10,000,000), to
remain available until expended. [<-Struck
out]
[Struck out->] CONTRIBUTION TO THE AFRICAN
DEVELOPMENT BANK [<-Struck out]
[Struck out->]
For payment to the African Development Bank by the Secretary of the Treasury,
$5,100,000, for the United States paid-in share of the increase in capital
stock, to remain available until expended. [<-Struck out]
[Struck out->] LIMITATION ON CALLABLE
CAPITAL SUBSCRIPTIONS [<-Struck
out]
[Struck out->]
The United States Governor of the African Development Bank may subscribe
without fiscal year limitation for the callable capital portion of the United
States share of such capital stock in an amount not to exceed $79,991,500. [<-Struck out]
[Struck out->] CONTRIBUTION TO THE AFRICAN
DEVELOPMENT FUND [<-Struck out]
[Struck out->]
For the United States contribution by the Secretary of the Treasury to the
increase in resources of the African Development Fund, $100,000,000, to remain
available until expended. [<-Struck
out]
[Struck out->] CONTRIBUTION TO THE
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT [<-Struck out]
[Struck out->]
For payment to the European Bank for Reconstruction and Development by the
Secretary of the Treasury, $35,778,717, for the United States share of the
paid-in portion of the increase in capital stock, to remain available until
expended. [<-Struck out]
[Struck out->] LIMITATION ON CALLABLE
CAPITAL SUBSCRIPTIONS [<-Struck
out]
[Struck out->]
The United States Governor of the European Bank for Reconstruction and
Development may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock in an amount
not to exceed $123,237,803. [<-Struck
out]
[Struck out->] contribution to the
international fund for agricultural development [<-Struck out]
[Struck out->]
For the United States contribution by the Secretary of the Treasury to increase
the resources of the International Fund for Agricultural Development,
$20,000,000, to remain available until expended. [<-Struck out]
[Struck out->] international organizations
and programs [<-Struck out]
[Struck out->]
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, $196,000,000: Provided,
That none of the funds appropriated under this heading shall be made available
for the United Nations Fund for Science and Technology: Provided further,
That none of the funds appropriated under this heading may be made available to
the Korean Peninsula Energy Development Organization (KEDO) or the
International Atomic Energy Agency (IAEA). [<-Struck out]
[Struck out->] TITLE V--GENERAL PROVISIONS
[<-Struck out]
[Struck out->] OBLIGATIONS DURING LAST
MONTH OF AVAILABILITY [<-Struck
out]
[Struck out->]
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. [<-Struck out]
[Struck out->] PRIVATE AND VOLUNTARY
ORGANIZATIONS [<-Struck out]
[Struck out->]
SEC. 502. (a) None of the funds appropriated or otherwise made available by
this Act for development assistance may be made available to any United States
private and voluntary organization, except any cooperative development
organization, which obtains less than 20 percent of its total annual funding
for international activities from sources other than the United States
Government: Provided, That the United States Administrator of the Agency
for International Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the restriction contained
in this paragraph, 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. [<-Struck
out]
[Struck out->]
(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. [<-Struck out]
[Struck out->] LIMITATION ON RESIDENCE
EXPENSES [<-Struck out]
[Struck out->]
SEC. 503. Of the funds appropriated or made available pursuant to this Act, not
to exceed $126,500 shall be for official residence expenses of the United
States Agency for International Development during the current fiscal year: Provided,
That appropriate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in lieu of
dollars. [<-Struck out]
[Struck out->] LIMITATION ON EXPENSES [<-Struck out]
[Struck out->]
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. [<-Struck out]
[Struck out->] LIMITATION ON
REPRESENTATIONAL ALLOWANCES [<-Struck
out]
[Struck out->]
SEC. 505. Of the funds appropriated or made available pursuant to this Act, not
to exceed $95,000 shall be available for representation allowances for the
United States Agency for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering military assistance
and sales under the heading `Foreign Military Financing Program', not to exceed
$2,000 shall be available for entertainment expenses and not to exceed $150,000
shall be available for representation allowances: Provided further, That
of the funds made available by this Act under the heading `International
Military Education and Training', not to exceed $50,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed $2,000
shall be available for entertainment and representation allowances: Provided
further, That of the funds made available by this Act for the Peace Corps,
not to exceed a total of $4,000 shall be available for entertainment expenses: Provided
further, That of the funds made available by this Act under the heading
`Trade and Development Agency', not to exceed $2,000 shall be available for
representation and entertainment allowances. [<-Struck out]
[Struck out->] PROHIBITION ON FINANCING
NUCLEAR GOODS [<-Struck out]
[Struck out->]
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. [<-Struck
out]
[Struck out->] PROHIBITION AGAINST DIRECT
FUNDING FOR CERTAIN COUNTRIES [<-Struck
out]
[Struck out->]
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. [<-Struck out]
[Struck out->] MILITARY COUPS [<-Struck out]
[Struck out->]
SEC. 508. None of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to finance directly any assistance
to any country whose duly elected head of government is deposed by decree or
military coup: Provided, That assistance may be resumed if the President
determines and reports to the Committees on Appropriations that subsequent to
the termination of assistance a democratically elected government has taken
office or substantial progress has been made towards the holding of democratic
elections. [<-Struck out]
[Struck out->] TRANSFERS BETWEEN ACCOUNTS [<-Struck out]
[Struck out->]
SEC. 509. None of the funds made available by this Act may be obligated under
an appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President, prior to
the exercise of any authority contained in the Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy justification to
the Committees on Appropriations of the House of Representatives and the
Senate. [<-Struck out]
[Struck out->] DEOBLIGATION/REOBLIGATION
AUTHORITY [<-Struck out]
[Struck out->]
SEC. 510. Obligated balances of funds appropriated to carry out section 23 of
the Arms Export Control Act as of the end of the fiscal year immediately
preceding the current fiscal year are, if deobligated, hereby continued
available during the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in fiscal year 2002. [<-Struck out]
[Struck out->] AVAILABILITY OF FUNDS [<-Struck out]
[Struck out->]
SEC. 511. No part of any appropriation contained in this Act shall remain
available for obligation after the expiration of the current fiscal year unless
expressly so provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section 667, chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended, section 23 of the
Arms Export Control Act, and funds provided under the heading `Assistance for
Eastern Europe and the Baltic States', shall remain available for an additional
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. [<-Struck out]
[Struck out->] LIMITATION ON ASSISTANCE TO
COUNTRIES IN DEFAULT [<-Struck
out]
[Struck out->]
SEC. 512. No part of any appropriation contained in this Act shall be used to
furnish assistance to any country which is in default during a period in excess
of one calendar year in payment to the United States of principal or interest
on any loan made to the government of such country by the United States
pursuant to a program for which funds are appropriated under this Act unless
the President determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national interest of
the United States. [<-Struck
out]
[Struck out->] COMMERCE AND TRADE [<-Struck out]
[Struck out->]
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. [<-Struck
out]
[Struck out->]
(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-- [<-Struck out]
[Struck out->]
(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 [<-Struck out]
[Struck out->]
(2) research activities intended primarily to benefit American producers. [<-Struck out]
[Struck out->] SURPLUS COMMODITIES [<-Struck out]
[Struck out->]
SEC. 514. The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same, similar,
or competing commodity. [<-Struck
out]
[Struck out->] NOTIFICATION REQUIREMENTS [<-Struck out]
[Struck out->]
SEC. 515. (a) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available under
this Act for `Child Survival and Health Programs Fund', `Development
Assistance', `International Organizations and Programs', `Trade and Development
Agency', `International Narcotics Control and Law Enforcement', `Assistance for
Eastern Europe and the Baltic States', `Assistance for the Independent States
of the Former Soviet Union', `Economic Support Fund', `Peacekeeping
Operations', `Operating Expenses of the United States Agency for International
Development', `Operating Expenses of the Agency for United States 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 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. [<-Struck
out]
[Struck out->] LIMITATION ON AVAILABILITY
OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS [<-Struck out]
[Struck out->]
SEC. 516. Subject to the regular notification procedures of the Committees on
Appropriations, funds appropriated under this Act or any previously enacted Act
making appropriations for foreign operations, export financing, and related programs,
which are returned or not made available for organizations and programs because
of the implementation of section 307(a) of the Foreign Assistance Act of 1961,
shall remain available for obligation until September 30, 2003. [<-Struck out]
[Struck out->] INDEPENDENT STATES OF THE
FORMER SOVIET UNION [<-Struck
out]
[Struck out->]
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-- [<-Struck out]
[Struck out->]
(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 [<-Struck out]
[Struck out->]
(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. [<-Struck
out]
[Struck out->]
Assistance may be furnished without regard to this subsection if the President
determines that to do so is in the national interest. [<-Struck out]
[Struck out->]
(b) None of the funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' shall be made available for
assistance for a government of an Independent State of the former Soviet Union
if that government directs any action in violation of the territorial integrity
or national sovereignty of any other Independent State of the former Soviet
Union, such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(d) Funds appropriated under the heading `Assistance for the Independent States
of the Former Soviet Union' for the Russian Federation, Armenia, Georgia, and
Ukraine shall be subject to the regular notification procedures of the
Committees on Appropriations. [<-Struck
out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->] PROHIBITION ON FUNDING FOR
ABORTIONS AND INVOLUNTARY STERILIZATION [<-Struck out]
[Struck out->]
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: Provided, That none
of the funds made available under this Act may be used to lobby for or against
abortion. [<-Struck out]
[Struck out->] EXPORT FINANCING TRANSFER
AUTHORITIES [<-Struck out]
[Struck out->]
SEC. 519. Not to exceed 5 percent of any appropriation other than for administrative
expenses made available for fiscal year 2001, for programs under title I of
this Act may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on Appropriations. [<-Struck out]
[Struck out->] SPECIAL NOTIFICATION
REQUIREMENTS [<-Struck out]
[Struck out->]
SEC. 520. None of the funds appropriated by this Act shall be obligated or
expended for Colombia, Haiti, Liberia, Sudan, Zimbabwe, Pakistan, or the
Democratic Republic of Congo except as provided through the regular
notification procedures of the Committees on Appropriations. [<-Struck out]
[Struck out->] DEFINITION OF PROGRAM,
PROJECT, AND ACTIVITY [<-Struck
out]
[Struck out->]
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 Agency
for International Development `program, project, and activity' shall also be
considered to include central program level funding, either as: (1) justified
to the Congress; or (2) allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961. [<-Struck
out]
[Struck out->] CHILD SURVIVAL AND DISEASE
PREVENTION ACTIVITIES [<-Struck
out]
[Struck out->]
SEC. 522. Up to $16,000,000 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 $1,500,000 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, Acquired Immune Deficiency Syndrome may
be made available notwithstanding any provision of law that restricts
assistance to foreign countries: Provided further, That funds
appropriated under title II of this Act may be made available pursuant to
section 301 of the Foreign Assistance Act of 1961 if a primary purpose of the
assistance is for child survival and related programs. [<-Struck out]
[Struck out->] PROHIBITION AGAINST
INDIRECT FUNDING TO CERTAIN COUNTRIES [<-Struck out]
[Struck out->]
SEC. 523. None of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated to finance indirectly any assistance or
reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or Sudan, unless
the President of the United States certifies that the withholding of these
funds is contrary to the national interest of the United States. [<-Struck out]
[Struck out->] NOTIFICATION ON EXCESS
DEFENSE EQUIPMENT [<-Struck
out]
[Struck out->]
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. [<-Struck
out]
[Struck out->] AUTHORIZATION REQUIREMENT [<-Struck out]
[Struck out->]
SEC. 525. Funds appropriated by this Act, except funds appropriated under the
headings `Trade and Development Agency', `Peace Corps', `International Military
Education and Training', and `Foreign Military Financing Program', 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. [<-Struck out]
[Struck out->] DEMOCRACY PROGRAMS [<-Struck out]
[Struck out->]
SEC. 526. Funds appropriated by this Act that are provided to the National
Endowment for Democracy may be provided notwithstanding any other provision of
law or regulation: Provided, That notwithstanding any other provision of
law, of the funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961, not to exceed
$3,000,000 may be made available to nongovernmental organizations located
outside the People's Republic of China to support activities which preserve
cultural traditions and promote sustainable development and environmental
conservation in Tibetan communities in that country: Provided further,
That funds made available pursuant to the authority of this section for
programs, projects, and activities for the People's Republic of China shall be
subject to the regular notification procedures of the Committees on
Appropriations. [<-Struck
out]
[Struck out->] PROHIBITION ON BILATERAL
ASSISTANCE TO TERRORIST COUNTRIES [<-Struck
out]
[Struck out->]
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-- [<-Struck out]
[Struck out->]
(1) grants sanctuary from prosecution to any individual or group which has
committed an act of international terrorism; or [<-Struck out]
[Struck out->]
(2) otherwise supports international terrorism. [<-Struck out]
[Struck out->]
(b) The President may waive the application of subsection (a) to a country if
the President determines that national security or humanitarian reasons justify
such waiver. The President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall notify the
Committees on Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures of the
Committees on Appropriations. [<-Struck
out]
[Struck out->] DEBT-FOR-DEVELOPMENT [<-Struck out]
[Struck out->]
SEC. 528. In order to enhance the continued participation of nongovernmental
organizations in economic assistance activities under the Foreign Assistance
Act of 1961, including endowments, debt-for-development and debt-for-nature
exchanges, a nongovernmental organization which is a grantee or contractor of
the United States Agency for International Development may place in interest
bearing accounts funds made available under this Act or prior Acts or local
currencies which accrue to that organization as a result of economic assistance
provided under title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was provided to that
organization. [<-Struck out]
[Struck out->] SEPARATE ACCOUNTS [<-Struck out]
[Struck out->]
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES- (1) If assistance is
furnished to the government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that country, the
Administrator of the United States Agency for International Development shall--
[<-Struck out]
[Struck out->]
(A) require that local currencies be deposited in a separate account
established by that government; [<-Struck
out]
[Struck out->]
(B) enter into an agreement with that government which sets forth-- [<-Struck out]
[Struck out->]
(i) the amount of the local currencies to be generated; and [<-Struck out]
[Struck out->]
(ii) the terms and conditions under which the currencies so deposited may be
utilized, consistent with this section; and [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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-- [<-Struck out]
[Struck out->]
(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-- [<-Struck
out]
[Struck out->]
(i) project and sector assistance activities; or [<-Struck out]
[Struck out->]
(ii) debt and deficit financing; or [<-Struck out]
[Struck out->]
(B) for the administrative requirements of the United States Government. [<-Struck out]
[Struck out->]
(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). [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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). [<-Struck out]
[Struck out->]
(3) NOTIFICATION- At least 15 days prior to obligating any such cash transfer
or nonproject sector assistance, the President shall submit a notification
through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will be promoted
by such assistance). [<-Struck
out]
[Struck out->]
(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. [<-Struck
out]
[Struck out->] COMPENSATION FOR UNITED
STATES EXECUTIVE DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS [<-Struck out]
[Struck out->]
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. [<-Struck
out]
[Struck out->]
(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. [<-Struck
out]
[Struck out->] COMPLIANCE WITH UNITED
NATIONS SANCTIONS AGAINST IRAQ [<-Struck
out]
[Struck out->]
SEC. 531. None of the funds appropriated or otherwise made available pursuant
to this Act to carry out the Foreign Assistance Act of 1961 (including title IV
of chapter 2 of part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to provide assistance
to any country that is not in compliance with the United Nations Security
Council sanctions against Iraq unless the President determines and so certifies
to the Congress that-- [<-Struck
out]
[Struck out->]
(1) such assistance is in the national interest of the United States; [<-Struck out]
[Struck out->]
(2) such assistance will directly benefit the needy people in that country; or [<-Struck out]
[Struck out->]
(3) the assistance to be provided will be humanitarian assistance for foreign
nationals who have fled Iraq and Kuwait. [<-Struck out]
[Struck out->] AUTHORITIES FOR THE PEACE
CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION [<-Struck out]
[Struck out->]
SEC. 532. Unless expressly provided to the contrary, provisions of this or any
other Act, including provisions contained in prior Acts authorizing or making
appropriations for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or conducted under
the Peace Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act. The agency shall promptly report to the Committees
on Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited. [<-Struck out]
[Struck out->] IMPACT ON JOBS IN THE
UNITED STATES [<-Struck out]
[Struck out->]
SEC. 533. None of the funds appropriated by this Act may be obligated or
expended to provide-- [<-Struck
out]
[Struck out->]
(1) 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 [<-Struck
out]
[Struck out->]
(2) assistance for any project or activity that contributes to the violation of
internationally recognized workers rights, as defined in section 502(a)(4) of
the Trade Act of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in recognition
that the application of this subsection should be commensurate with the level
of development of the recipient country and sector, the provisions of this
subsection shall not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder agriculture. [<-Struck out]
[Struck out->] SPECIAL AUTHORITIES [<-Struck out]
[Struck out->]
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED
CHILDREN, AND DISPLACED BURMESE- Funds appropriated in titles I and II of this
Act that are made available for Afghanistan, Lebanon, Montenegro, and for
victims of war, displaced children, and displaced Burmese, may be made
available notwithstanding any other provision of law: Provided, That any
such funds that are made available for Cambodia shall be subject to the
provisions of section 531(e) of the Foreign Assistance Act of 1961 and section
906 of the International Security and Development Cooperation Act of 1985: Provided
further, That section 576 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997, as amended, shall not apply to the
provision of loans and assistance to the Federal Republic of Yugoslavia through
international financial institutions. [<-Struck out]
[Struck out->]
(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, subject to the
regular notification procedures of the Committees on Appropriations, 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. [<-Struck
out]
[Struck out->]
(c) PERSONAL SERVICES CONTRACTORS- Funds appropriated by this Act to carry out
chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded overseas programs and
activities and managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such contractors
shall be assigned to any bureau or office: Provided further, That such
funds appropriated to carry out the Foreign Assistance Act of 1961 may be made
available for personal services contractors assigned only to the Office of
Health and Nutrition; the Office of Procurement; the Bureau for Africa; the
Bureau for Latin America and the Caribbean; and the Bureau for Asia and the
Near East: Provided further, That such funds appropriated to carry out
title II of the Agricultural Trade Development and Assistance Act of 1954, may
be made available only for personal services contractors assigned to the Office
of Food for Peace. [<-Struck
out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(e) During fiscal year 2002, the President may use up to $50,000,000 under the
authority of section 451 of the Foreign Assistance Act, notwithstanding the
funding ceiling in section 451(a). [<-Struck
out]
[Struck out->] POLICY ON TERMINATING THE
ARAB LEAGUE BOYCOTT OF ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL [<-Struck out]
[Struck out->]
SEC. 535. It is the sense of the Congress that-- [<-Struck out]
[Struck out->]
(1) the Arab League countries should immediately and publicly renounce the
primary boycott of Israel and the secondary and tertiary boycott of American
firms that have commercial ties with Israel and should normalize their
relations with Israel; [<-Struck
out]
[Struck out->]
(2) the decision by the Arab League in 1997 to reinstate the boycott against
Israel was deeply troubling and disappointing; [<-Struck out]
[Struck out->]
(3) the fact that only three Arab countries maintain full diplomatic relations
with Israel is also of deep concern; [<-Struck out]
[Struck out->]
(4) the Arab League should immediately rescind its decision on the boycott and
its members should develop normal relations with their neighbor Israel; and [<-Struck out]
[Struck out->]
(5) the President should-- [<-Struck
out]
[Struck out->]
(A) take more concrete steps to encourage vigorously Arab League countries to
renounce publicly the primary boycotts of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations with Israel and to
normalize their relations with Israel; [<-Struck out]
[Struck out->]
(B) take into consideration the participation of any recipient country in the
primary boycott of Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel when determining whether to
sell weapons to said country; [<-Struck
out]
[Struck out->]
(C) report to Congress annually on the specific steps being taken by the United
States and the progress achieved to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and tertiary boycotts of
American firms that have commercial relations with Israel and to expand the
process of normalizing ties between Arab League countries and Israel; and [<-Struck out]
[Struck out->]
(D) encourage the allies and trading partners of the United States to enact
laws prohibiting businesses from complying with the boycott and penalizing
businesses that do comply. [<-Struck
out]
[Struck out->] ADMINISTRATION OF JUSTICE
ACTIVITIES [<-Struck out]
[Struck out->]
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. [<-Struck out]
[Struck out->] ELIGIBILITY FOR ASSISTANCE [<-Struck out]
[Struck out->]
SEC. 537. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS- Restrictions
contained in this or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds appropriated under the
heading `Assistance for Eastern Europe and the Baltic States': Provided,
That the President shall take into consideration, in any case in which a
restriction on assistance would be applicable but for this subsection, whether
assistance in support of programs of nongovernmental organizations is in the
national interest of the United States: Provided further, That before
using the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed to alter any
existing statutory prohibitions against abortion or involuntary sterilizations
contained in this or any other Act. [<-Struck out]
[Struck out->]
(b) PUBLIC LAW 480- During fiscal year 2002, restrictions contained in this or
any other Act with respect to assistance for a country shall not be construed
to restrict assistance under the Agricultural Trade Development and Assistance
Act of 1954: Provided, That none of the funds appropriated to carry out
title I of such Act and made available pursuant to this subsection may be
obligated or expended except as provided through the regular notification
procedures of the Committees on Appropriations. [<-Struck out]
[Struck out->]
(c) EXCEPTION- This section shall not apply-- [<-Struck out]
[Struck out->]
(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 [<-Struck
out]
[Struck out->]
(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 violate internationally recognized human rights. [<-Struck out]
[Struck out->] EARMARKS [<-Struck out]
[Struck out->]
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. [<-Struck out]
[Struck out->]
(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. [<-Struck
out]
[Struck out->] PROHIBITION ON PUBLICITY OR
PROPAGANDA [<-Struck out]
[Struck out->]
SEC. 539. No part of any appropriation contained in this Act shall be used for
publicity or propaganda purposes within the United States not authorized before
the date of the enactment of this Act by the Congress: Provided, That
not to exceed $750,000 may be made available to carry out the provisions of
section 316 of Public Law 96-533. [<-Struck
out]
[Struck out->] PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS [<-Struck
out]
[Struck out->]
SEC. 540. To the maximum extent possible, assistance provided under this Act
should make full use of American resources, including commodities, products,
and services. [<-Struck out]
[Struck out->] PROHIBITION OF PAYMENTS TO
UNITED NATIONS MEMBERS [<-Struck
out]
[Struck out->]
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. [<-Struck out]
[Struck out->] NONGOVERNMENTAL
ORGANIZATIONS--DOCUMENTATION [<-Struck
out]
[Struck out->]
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. [<-Struck out]
[Struck out->] PROHIBITION ON ASSISTANCE
TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES
SUPPORTING INTERNATIONAL TERRORISM [<-Struck
out]
[Struck out->]
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. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that government ceases to
provide such military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October 1,
1997. [<-Struck out]
[Struck out->]
(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. [<-Struck out]
[Struck out->]
(c) Whenever the waiver of subsection (b) is exercised, the President shall
submit to the appropriate congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated dollar
amount of such assistance, and an explanation of how the assistance furthers
United States national interests. [<-Struck
out]
[Struck out->] WITHHOLDING OF ASSISTANCE
FOR PARKING FINES OWED BY FOREIGN COUNTRIES [<-Struck out]
[Struck out->]
SEC. 544. (a) IN GENERAL- Of the funds made available for a foreign country
under part I of the Foreign Assistance Act of 1961, an amount equivalent to 110
percent of the total unpaid fully adjudicated parking fines and penalties owed
to the District of Columbia by such country as of the date of the enactment of
this Act shall be withheld from obligation for such country until the Secretary
of State certifies and reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to the government of
the District of Columbia. [<-Struck
out]
[Struck out->]
(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. [<-Struck out]
[Struck out->] LIMITATION ON ASSISTANCE
FOR THE PLO FOR THE WEST BANK AND GAZA [<-Struck out]
[Struck out->]
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. [<-Struck out]
[Struck out->] WAR CRIMES TRIBUNALS
DRAWDOWN [<-Struck out]
[Struck out->]
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 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 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. [<-Struck out]
[Struck out->] LANDMINES [<-Struck out]
[Struck out->]
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. [<-Struck
out]
[Struck out->] RESTRICTIONS CONCERNING THE
PALESTINIAN AUTHORITY [<-Struck
out]
[Struck out->]
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. [<-Struck out]
[Struck out->] PROHIBITION OF PAYMENT OF
CERTAIN EXPENSES [<-Struck out]
[Struck out->]
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-- [<-Struck out]
[Struck out->]
(1) alcoholic beverages; or [<-Struck
out]
[Struck out->]
(2) entertainment expenses for activities that are substantially of a
recreational character, including entrance fees at sporting events and amusement
parks. [<-Struck out]
[Struck out->] SPECIAL DEBT RELIEF FOR THE
POOREST [<-Struck out]
[Struck out->]
SEC. 550. (a) AUTHORITY TO REDUCE DEBT- The President may reduce amounts owed
to the United States (or any agency of the United States) by an eligible
country as a result of-- [<-Struck
out]
[Struck out->]
(1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act
of 1961; [<-Struck out]
[Struck out->]
(2) credits extended or guarantees issued under the Arms Export Control Act; or
[<-Struck out]
[Struck out->]
(3) any obligation or portion of such obligation, to pay for purchases of
United States agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized pursuant to section
5(f) of the Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as amended (Public Law
89-808), or section 202 of the Agricultural Trade Act of 1978, as amended
(Public Law 95-501). [<-Struck
out]
[Struck out->]
(b) LIMITATIONS- [<-Struck
out]
[Struck out->]
(1) The authority provided by subsection (a) may be exercised only to implement
multilateral official debt relief and referendum agreements, commonly referred
to as `Paris Club Agreed Minutes'. [<-Struck
out]
[Struck out->]
(2) The authority provided by subsection (a) may be exercised only in such
amounts or to such extent as is provided in advance by appropriations Acts. [<-Struck out]
[Struck out->]
(3) The authority provided by subsection (a) may be exercised only with respect
to countries with heavy debt burdens that are eligible to borrow from the
International Development Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as `IDA-only' countries. [<-Struck out]
[Struck out->]
(c) CONDITIONS- The authority provided by subsection (a) may be exercised only
with respect to a country whose government-- [<-Struck out]
[Struck out->]
(1) does not have an excessive level of military expenditures; [<-Struck out]
[Struck out->]
(2) has not repeatedly provided support for acts of international terrorism; [<-Struck out]
[Struck out->]
(3) is not failing to cooperate on international narcotics control matters; [<-Struck out]
[Struck out->]
(4) (including its military or other security forces) does not engage in a
consistent pattern of gross violations of internationally recognized human
rights; and [<-Struck out]
[Struck out->]
(5) is not ineligible for assistance because of the application of section 527
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. [<-Struck out]
[Struck out->]
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used
only with regard to funds appropriated by this Act under the heading `Debt
Restructuring'. [<-Struck
out]
[Struck out->]
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to
subsection (a) shall not be considered assistance for purposes of any provision
of law limiting assistance to a country. The authority provided by subsection
(a) may be exercised notwithstanding section 620(r) of the Foreign Assistance
Act of 1961 or section 321 of the International Development and Food Assistance
Act of 1975. [<-Struck out]
[Struck out->] AUTHORITY TO ENGAGE IN DEBT
BUYBACKS OR SALES [<-Struck
out]
[Struck out->]
SEC. 551. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION- [<-Struck out]
[Struck out->]
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding any
other provision of law, the President may, in accordance with this section,
sell to any eligible purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, reduce or cancel such loan or
portion thereof, only for the purpose of facilitating-- [<-Struck out]
[Struck out->]
(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps; or [<-Struck out]
[Struck out->]
(B) a debt buyback by an eligible country of its own qualified debt, only if
the eligible country uses an additional amount of the local currency of the
eligible country, equal to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between the price paid for
such debt and the face value of such debt, to support activities that link
conservation and sustainable use of natural resources with local community
development, and child survival and other child development, in a manner
consistent with sections 707 through 710 of the Foreign Assistance Act of 1961,
if the sale, reduction, or cancellation would not contravene any term or
condition of any prior agreement relating to such loan. [<-Struck out]
[Struck out->]
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of law, the
President shall, in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled pursuant to this
section. [<-Struck out]
[Struck out->]
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of the Foreign
Assistance Act of 1961, shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and shall direct
such agency to carry out the sale, reduction, or cancellation of a loan
pursuant to this section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation. [<-Struck out]
[Struck out->]
(4) LIMITATION- The authorities of this subsection shall be available only to
the extent that appropriations for the cost of the modification, as defined in
section 502 of the Congressional Budget Act of 1974, are made in advance. [<-Struck out]
[Struck out->]
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or cancellation
of any loan sold, reduced, or canceled pursuant to this section shall be
deposited in the United States Government account or accounts established for
the repayment of such loan. [<-Struck
out]
[Struck out->]
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection (a)(1)(A)
only to a purchaser who presents plans satisfactory to the President for using
the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps. [<-Struck out]
[Struck out->]
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser, or any
reduction or cancellation pursuant to this section, of any loan made to an
eligible country, the President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity
swaps, debt-for-development swaps, or debt-for-nature swaps. [<-Struck out]
[Struck out->]
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used
only with regard to funds appropriated by this Act under the heading `Debt
Restructuring'. [<-Struck
out]
[Struck out->] RESTRICTIONS ON VOLUNTARY
CONTRIBUTIONS TO UNITED NATIONS AGENCIES [<-Struck out]
[Struck out->]
SEC. 552. (a) PROHIBITION ON VOLUNTARY CONTRIBUTIONS FOR THE UNITED NATIONS-
None of the funds appropriated by this Act may be made available to pay any
voluntary contribution of the United 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. [<-Struck out]
[Struck out->]
(b) CERTIFICATION REQUIRED FOR DISBURSEMENT OF FUNDS- None of the funds
appropriated by this Act may be made available to pay any voluntary
contribution of the United States to the United Nations (including the United
Nations Development Program) unless the President certifies to the Congress 15
days in advance of such payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United States persons in order to
raise revenue for the United Nations or any of its specialized agencies. [<-Struck out]
[Struck out->]
(c) DEFINITIONS- As used in this section the term `
[Struck out->]
(1) a natural person who is a citizen or national of the
[Struck out->]
(2) a corporation, partnership, or other legal entity organized under the
[Struck out->]
[Struck out->]
SEC. 553. The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), for the Coast Guard: Provided, That the authority provided by
this section shall be subject to the regular notification procedures of the
Committees on Appropriations. [<-Struck
out]
[Struck out->] LIMITATION ON ASSISTANCE TO
THE PALESTINIAN AUTHORITY [<-Struck
out]
[Struck out->]
SEC. 554. (a) PROHIBITION OF FUNDS- None of the funds appropriated by this Act
to carry out the provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 may be obligated or expended with respect to providing funds to the
Palestinian Authority. [<-Struck
out]
[Struck out->]
(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
[Struck out->]
(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. [<-Struck out]
[Struck out->] LIMITATION ON ASSISTANCE TO
SECURITY FORCES [<-Struck out]
[Struck out->]
SEC. 555. None of the funds made available by this Act may be provided to any
unit of the security forces of a foreign country if the Secretary of State has
credible evidence that such unit has committed gross violations of human
rights, unless the Secretary determines and reports to the Committees on
Appropriations that the government of such country is taking effective measures
to bring the responsible members of the security forces unit to justice: Provided,
That nothing in this section shall be construed to withhold funds made
available by this Act from any unit of the security forces of a foreign country
not credibly alleged to be involved in gross violations of human rights: Provided
further, That in the event that funds are withheld from any unit pursuant
to this section, the Secretary of State shall promptly inform the foreign
government of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective measures to
bring the responsible members of the security forces to justice. [<-Struck out]
[Struck out->] DISCRIMINATION AGAINST
MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FEDERATION [<-Struck out]
[Struck out->]
SEC. 556. None of the funds appropriated under this Act may be made available
for the Government of the Russian Federation, after 180 days from the date of
the enactment of this Act, unless the President determines and certifies in
writing to the Committees on Appropriations and the Committee on Foreign
Relations of the Senate that the Government of the Russian Federation has
implemented no statute, executive order, regulation or similar government
action that would discriminate, or would have as its principal effect
discrimination, against religious groups or religious communities in the
Russian Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a party. [<-Struck out]
[Struck out->] ASSISTANCE FOR THE MIDDLE
EAST [<-Struck out]
[Struck out->]
SEC. 557. Of the funds appropriated in titles II and III of this Act under the
headings `Economic Support Fund', `Foreign Military Financing Program',
`International Military Education and Training', `Peacekeeping Operations', for
refugees resettling in Israel under the heading `Migration and Refugee
Assistance', and for assistance for Israel to carry out provisions of chapter 8
of part II of the Foreign Assistance Act of 1961 under the heading
`Nonproliferation, Anti-Terrorism, Demining and Related Programs', not more
than a total of $5,141,150,000 may be made available for Israel, Egypt, Jordan,
Lebanon, the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the Multinational
Force and Observers, the Middle East Regional Democracy Fund, Middle East
Regional Cooperation, and Middle East Multilateral Working Groups: Provided,
That any funds that were appropriated under such headings in prior fiscal years
and that were at the time of the enactment of this Act obligated or allocated
for other recipients may not during fiscal year 2002 be made available for
activities that, if funded under this Act, would be required to count against
this ceiling: Provided further, That funds may be made available
notwithstanding the requirements of this section if the President determines
and certifies to the Committees on Appropriations that it is important to the
national security interest of the United States to do so and any such additional
funds shall only be provided through the regular notification procedures of the
Committees on Appropriations. [<-Struck
out]
[Struck out->] ENTERPRISE FUND
RESTRICTIONS [<-Struck out]
[Struck out->]
SEC. 558. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in
part, the President shall submit to the Committees on Appropriations, in
accordance with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of the Enterprise
Fund. [<-Struck out]
[Struck out->] CAMBODIA [<-Struck out]
[Struck out->]
SEC. 559. (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 support basic human needs. [<-Struck out]
[Struck out->]
(b) None of the funds appropriated by this Act may be made available for
assistance (except for assistance for basic education) for the Central
Government of Cambodia. [<-Struck
out]
[Struck out->] FOREIGN MILITARY TRAINING
REPORT [<-Struck out]
[Struck out->]
SEC. 560. (a) The Secretary of Defense and the Secretary of State shall jointly
provide to the Congress by March 1, 2002, a report on all military training
provided to foreign military personnel (excluding sales, and excluding training
provided to the military personnel of countries belonging to the North Atlantic
Treaty Organization) under programs administered by the Department of Defense
and the Department of State during fiscal years 2001 and 2002, including those
proposed for fiscal year 2002. This report shall include, for each such
military training activity, the foreign policy justification and purpose for
the training activity, the cost of the training activity, the number of foreign
students trained and their units of operation, and the location of the
training. In addition, this report shall also include, with respect to United
States personnel, the operational benefits to United States forces derived from
each such training activity and the United States military units involved in
each such training activity. This report may include a classified annex if
deemed necessary and appropriate. [<-Struck
out]
[Struck out->]
(b) For purposes of this section a report to Congress shall be deemed to mean a
report to the Appropriations and Foreign Relations Committees of the Senate and
the Appropriations and International Relations Committees of the House of
Representatives. [<-Struck
out]
[Struck out->] KOREAN PENINSULA ENERGY
DEVELOPMENT ORGANIZATION [<-Struck
out]
[Struck out->]
SEC. 561. (a) Of the funds made available under the heading `Nonproliferation,
Anti-terrorism, Demining and Related Programs', not to exceed $95,000,000 may
be made available for the Korean Peninsula Energy Development Organization
(hereafter referred to in this section as `KEDO'), notwithstanding any other
provision of law, only for the administrative expenses and heavy fuel oil costs
associated with the Agreed Framework. [<-Struck out]
[Struck out->]
(b) Such funds may be made available for KEDO only if, 15 days prior to such
obligation of funds, the President certifies and so reports to Congress that-- [<-Struck out]
[Struck out->]
(1) the parties to the Agreed Framework have taken and continue to take
demonstrable steps to implement the Joint Declaration on Denuclearization of
the Korean Peninsula; [<-Struck
out]
[Struck out->]
(2) North Korea is complying with all provisions of the Agreed Framework; and [<-Struck out]
[Struck out->]
(3) the United States is continuing to make significant progress on eliminating
the North Korean ballistic missile threat, including further missile tests and
its ballistic missile exports. [<-Struck
out]
[Struck out->]
(c) The President may waive the certification requirements of subsection (b) if
the President determines that it is vital to the national security interests of
the United States and provides written policy justifications to the appropriate
congressional committees. No funds may be obligated for KEDO until 15 days
after submission to Congress of such waiver. [<-Struck out]
[Struck out->]
(d) The Secretary of State shall, at the time of the annual presentation for
appropriations, submit a report providing a full and detailed accounting of the
fiscal year 2003 request for the United States contribution to KEDO, the
expected operating budget of KEDO, proposed annual costs associated with heavy
fuel oil purchases, including unpaid debt, and the amount of funds pledged by
other donor nations and organizations to support KEDO activities on a per
country basis, and other related activities. [<-Struck out]
[Struck out->]
(e) The final proviso under the heading `International Organizations and
Programs' in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (Public Law 104-107) is repealed. [<-Struck out]
[Struck out->] PLO COMPLIANCE REPORT [<-Struck out]
[Struck out->]
SEC. 562. (a) REPORTING REQUIREMENT- The President shall, at the time specified
in subsection (b), submit a report to the Congress assessing the steps that the
Palestine Liberation Organization (PLO), or the Palestinian Authority, as
appropriate, has taken to comply with its 1993 commitments to renounce the use
of terrorism and all other acts of violence and to assume responsibility over
all PLO or Palestinian Authority elements and personnel in order to assure
their compliance, prevent violations, and discipline violators, including the
arrest and prosecution of individuals involved in acts of terror and violence.
The President shall determine, based on such assessment, whether the PLO or the
Palestinian Authority, as appropriate, has substantially complied with such
commitments. If the President determines based on the assessment that such
compliance has not occurred, then the President shall, for a period of time of
not less than 6 months, impose one or more of the following sanctions: [<-Struck out]
[Struck out->]
(1) Notwithstanding any other provision of law, the President shall withdraw or
terminate any waiver by the President of the requirements of section 1003 of
the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202)
(prohibiting the establishment or maintenance of a Palestinian information
office in the United States), and such section shall apply so as to prohibit
the operation of a PLO or Palestinian Authority office in the United States
from carrying out any function other than those functions carried out by the
Palestinian information office in existence prior to the Oslo Accords. [<-Struck out]
[Struck out->]
(2) The President shall designate the PLO, or one or more of its constituent
groups (including Fatah and Tanzim) or groups operating as arms of the
Palestinian Authority (including Force 17) as a foreign terrorist organization,
in accordance with section 219(a) of the Immigration and Nationality Act. [<-Struck out]
[Struck out->]
(3) United States assistance (except humanitarian assistance) shall not be
provided for the West Bank and Gaza Program. [<-Struck out]
[Struck out->]
(b) SUBMISSION OF REPORT- The report required under subsection (a) shall be
transmitted not later than 60 days after the date of enactment of this Act and
shall cover the period commencing June 13, 2001. [<-Struck out]
[Struck out->]
(c) UPDATE OF REPORT- The President shall update the report submitted pursuant
to subsection (a) as part of the next report required under the PLO Commitments
Compliance Act of 1989 (title VIII of Public Law 101-246). [<-Struck out]
[Struck out->]
(d) WAIVER AUTHORITY- The President may waive any or all of the sanctions
imposed under subsection (a) if the President determines and reports to the
appropriate committees of the Congress that such a waiver is in the national
security interests of the United States. [<-Struck out]
[Struck out->] PROHIBITION ON ASSISTANCE
TO THE PALESTINIAN BROADCASTING CORPORATION [<-Struck out]
[Struck out->]
SEC. 563. 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. [<-Struck out]
[Struck out->] IRAQ [<-Struck out]
[Struck out->]
SEC. 564. Notwithstanding any other provision of law, funds appropriated under
the heading `Economic Support Fund' may be made available for programs
benefiting the Iraqi people and to support efforts to bring about political
transition in Iraq. [<-Struck
out]
[Struck out->] WEST BANK AND GAZA PROGRAM [<-Struck out]
[Struck out->]
SEC. 565. For fiscal year 2002, 30 days prior to the initial obligation of
funds for the bilateral West Bank and Gaza Program, the Secretary of State
shall certify to the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the United States will
have access to appropriate United States financial information in order to
review the uses of United States assistance for the Program funded under the
heading `Economic Support Fund' for the West Bank and Gaza. [<-Struck out]
[Struck out->] INDONESIA [<-Struck out]
[Struck out->]
SEC. 566. (a) Funds appropriated by this Act under the headings `International
Military Education and Training' and `Foreign Military Financing Program' may
be made available for Indonesian Ministry of Defense or military personnel if
the President determines and submits a report to the appropriate congressional
committees that the Government of Indonesia and the Indonesian Armed Forces
are-- [<-Struck out]
[Struck out->]
(1) taking effective measures to bring to justice members of the armed forces
and militia groups against whom there is credible evidence of human rights
violations; [<-Struck out]
[Struck out->]
(2) taking effective measures to bring to justice members of the armed forces
against whom there is credible evidence of aiding or abetting militia groups; [<-Struck out]
[Struck out->]
(3) allowing displaced persons and refugees to return home to East Timor,
including providing safe passage for refugees returning from West Timor; [<-Struck out]
[Struck out->]
(4) not impeding the activities of the United Nations Transitional Authority in
East Timor; [<-Struck out]
[Struck out->]
(5) demonstrating a commitment to preventing incursions into East Timor by
members of militia groups in West Timor; and [<-Struck out]
[Struck out->]
(6) demonstrating a commitment to accountability by cooperating with
investigations and prosecutions of members of the Indonesian Armed Forces and
militia groups responsible for human rights violations in Indonesia and East
Timor. [<-Struck out]
[Struck out->] MAN AND THE BIOSPHERE [<-Struck out]
[Struck out->]
SEC. 567. None of the funds appropriated or otherwise made available by this
Act may be provided for the United Nations Man and the Biosphere Program. [<-Struck out]
[Struck out->] TAIWAN REPORTING
REQUIREMENT [<-Struck out]
[Struck out->]
SEC. 568. Not less than 30 days prior to the next round of arms talks between
the United States and Taiwan, the President shall consult, on a classified
basis, with appropriate Congressional leaders and committee chairmen and
ranking members regarding the following matters: [<-Struck out]
[Struck out->]
(1) Taiwan's requests for purchase of defense articles and defense services
during the pending round of arms talks; [<-Struck out]
[Struck out->]
(2) the Administration's assessment of the legitimate defense needs of Taiwan,
in light of Taiwan's requests; and [<-Struck
out]
[Struck out->]
(3) the decision-making process used by the Executive branch to consider those
requests. [<-Struck out]
[Struck out->] RESTRICTIONS ON ASSISTANCE
TO GOVERNMENTS DESTABILIZING SIERRA LEONE [<-Struck out]
[Struck out->]
SEC. 569. (a) None of the funds appropriated by this Act may be made available
for assistance for the government of any country that the Secretary of State
determines there is credible evidence that such government has provided lethal
or non-lethal military support or equipment, directly or through
intermediaries, within the previous 6 months to the Sierra Leone Revolutionary
United Front (RUF), or any other group intent on destabilizing the
democratically elected government of the Republic of Sierra Leone. [<-Struck out]
[Struck out->]
(b) None of the funds appropriated by this Act may be made available for
assistance for the government of any country that 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. [<-Struck out]
[Struck out->]
(c) Whenever the prohibition on assistance required under subsection (a) or (b)
is exercised, the Secretary of State shall notify the Committees on
Appropriations in a timely manner. [<-Struck
out]
[Struck out->] VOLUNTARY SEPARATION
INCENTIVES [<-Struck out]
[Struck out->]
SEC. 570. Section 579(c)(2)(D) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000, as enacted by section 1000(a)(2) of
the Consolidated Appropriations Act, 2000 (Public Law 106-113), as amended, is
further amended by striking `December 31, 2001' and inserting in lieu thereof
`December 31, 2002'. [<-Struck
out]
[Struck out->] CONTRIBUTIONS TO UNITED
NATIONS POPULATION FUND [<-Struck
out]
[Struck out->]
SEC. 571. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION- Of the amounts made
available under `International Organizations and Programs', not more than
$25,000,000 for fiscal year 2002 shall be available for the United Nations
Population Fund (hereafter in this section referred to as the `UNFPA'). [<-Struck out]
[Struck out->]
(b) PROHIBITION ON USE OF FUNDS IN CHINA- None of the funds made available
under `International Organizations and Programs' may be made available for the
UNFPA for a country program in the People's Republic of China. [<-Struck out]
[Struck out->]
(c) CONDITIONS ON AVAILABILITY OF FUNDS- Amounts made available under `International
Organizations and Programs' for fiscal year 2002 for the UNFPA may not be made
available to UNFPA unless-- [<-Struck
out]
[Struck out->]
(1) the UNFPA maintains amounts made available to the UNFPA under this section
in an account separate from other accounts of the UNFPA; [<-Struck out]
[Struck out->]
(2) the UNFPA does not commingle amounts made available to the UNFPA under this
section with other sums; and [<-Struck
out]
[Struck out->]
(3) the UNFPA does not fund abortions. [<-Struck out]
[Struck out->]
(d) REPORT TO THE CONGRESS AND WITHHOLDING OF FUNDS- [<-Struck out]
[Struck out->]
(1) Not later than February 15, 2002, the Secretary of State shall submit a
report to the appropriate congressional committees indicating the amount of
funds that the United Nations Population Fund is budgeting for the year in
which the report is submitted for a country program in the People's Republic of
China. [<-Struck out]
[Struck out->]
(2) If a report under subparagraph (A) indicates that the United Nations Population
Fund plans to spend funds for a country program in the People's Republic of
China in the year covered by the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China shall be deducted from
the funds made available to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted. [<-Struck out]
[Struck out->] AMERICAN CHURCHWOMEN IN EL
SALVADOR [<-Struck out]
[Struck out->]
SEC. 572. (a) Information relevant to the December 2, 1980, murders of four
American churchwomen in El Salvador shall be made public to the fullest extent
possible. [<-Struck out]
[Struck out->]
(b) The Secretary of State and the Department of State are to be commended for
fully releasing information regarding the murders. [<-Struck out]
[Struck out->]
(c) The President shall order all Federal agencies and departments that process
relevant information to make every effort to declassify and release to the victims'
families relevant information as expeditiously as possible. [<-Struck out]
[Struck out->]
(d) In making determinations concerning the declassification and release of
relevant information, the Federal agencies and departments shall presume in
favor of releasing, rather than of withholding, such information. [<-Struck out]
[Struck out->] PROCUREMENT AND FINANCIAL
MANAGEMENT REFORM [<-Struck
out]
[Struck out->]
SEC. 573. (a) 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-- [<-Struck
out]
[Struck out->]
(1) implementing procedures for conducting annual audits by qualified
independent auditors for all new investment lending; [<-Struck out]
[Struck out->]
(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; [<-Struck out]
[Struck out->]
(3) taking steps to establish an independent fraud and corruption investigative
organization or office; [<-Struck
out]
[Struck out->]
(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 [<-Struck out]
[Struck out->]
(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. [<-Struck
out]
[Struck out->]
(b) REPORT- The Secretary of the Treasury shall report on March 1, 2002 to the
Committees on Appropriations on progress made by each International Financial
Institution, and, to the extent pertinent to its lending programs, the
International Monetary Fund, to fulfill the objectives identified in subsection
(a) and on progress of the International Monetary Fund to implement procedures
for annual independent external audits of central bank financial statements for
countries making use of Fund resources under all new arrangements with the
Fund. [<-Struck out]
[Struck out->]
(c) 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. [<-Struck
out]
[Struck out->] COMMERCIAL LEASING OF
DEFENSE ARTICLES [<-Struck out]
[Struck out->]
SEC. 574. Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used to
provide financing to Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to purchase) of
defense articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those defense
articles being provided by commercial lease rather than by government-to-government
sale under such Act. [<-Struck
out]
[Struck out->] WAR CRIMINALS [<-Struck out]
[Struck out->]
SEC. 575. (a) None of the funds appropriated or otherwise made available
pursuant to this Act may be made available for assistance, with the exception
of humanitarian assistance and assistance for democratization, to any country,
entity or municipality whose competent authorities have failed, as determined
by the Secretary of State, to take necessary and significant steps to implement
its international legal obligations to apprehend and transfer to the
International Criminal Tribunal for the Former Yugoslavia (the `Tribunal') all
persons in their territory who have been publicly indicted by the Tribunal. [<-Struck out]
[Struck out->]
(b) The provisions of subsection (a) shall apply unless the Secretary of State
determines and reports to the appropriate committees of the Congress that the
competent authorities of such country, entity, or municipality are-- [<-Struck out]
[Struck out->]
(1) cooperating with the Tribunal, including access for investigators, the
provision of documents, and the surrender and transfer of publicly indicted
indictees or assistance in their apprehension; and [<-Struck out]
[Struck out->]
(2) taking steps that are consistent with the Dayton Accords. [<-Struck out]
[Struck out->]
(c) The Secretary of State may waive the application of subsection (a) with
respect to a country, entity, or municipality upon a written determination to
the Committees on Appropriations of the House of Representatives and the Senate
that provision of assistance that would otherwise be prohibited by that
subsection is in the national interest of the United States. [<-Struck out]
[Struck out->] USER FEES [<-Struck out]
[Struck out->]
SEC. 576. The Secretary of the Treasury shall instruct the United States
Executive Director at each international financial institution (as defined in
section 1701(c)(2) of the International Financial Institutions Act) and the
International Monetary Fund to oppose any loan 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' lending programs. [<-Struck out]
[Struck out->] BASIC EDUCATION ASSISTANCE
FOR PAKISTAN [<-Struck out]
[Struck out->]
SEC. 577. Funds appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be made available for
assistance for basic education programs for Pakistan, notwithstanding any
provision of law that restricts assistance to foreign countries. [<-Struck out]
[Struck out->] HEAVILY INDEBTED POOR COUNTRIES
TRUST FUND AUTHORIZATION [<-Struck
out]
[Struck out->]
SEC. 578. Section 801(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001 (Public Law 106-429) is amended by
striking `$435,000,000' and inserting `$600,000,000'. [<-Struck out]
[Struck out->] FUNDING FOR SERBIA [<-Struck out]
[Struck out->]
SEC. 579. (a) Funds appropriated by this Act may be made available for
assistance for Serbia after March 31, 2002, if the President has made the
determination and certification contained in subsection (c). [<-Struck out]
[Struck out->]
(b) After March 31, 2002, the Secretary of the Treasury should instruct the
United States executive directors to international financial institutions to
support loans and assistance to the Government of the Federal Republic of
Yugoslavia subject to the conditions in subsection (c). [<-Struck out]
[Struck out->]
(c) The determination and certification referred to in subsection (a) is a
determination by the President and a certification to the Committees on
Appropriations that the Government of the Federal Republic of Yugoslavia is-- [<-Struck out]
[Struck out->]
(1) cooperating with the International Criminal Tribunal for Yugoslavia
including access for investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in their apprehension; [<-Struck out]
[Struck out->]
(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 [<-Struck out]
[Struck out->]
(3) taking steps to implement policies which reflect a respect for minority
rights and the rule of law. [<-Struck
out]
[Struck out->]
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo, humanitarian
assistance or assistance to promote democracy in municipalities. [<-Struck out]
[Struck out->] IMPROVING GLOBAL HEALTH
THROUGH SAFE INJECTIONS [<-Struck
out]
[Struck out->]
SEC. 580. (a) In carrying out immunization programs and other programs for the
prevention, treatment, and control of infectious diseases, including
tuberculosis, HIV and AIDS, polio, and malaria, the Administrator of the United
States Agency for International Development, in coordination with the Centers
for Disease Control and Prevention, the National Institutes of Health, national
and local governments, and other organizations, such as the World Health
Organization and the United Nations Children's Fund, shall develop and
implement effective strategies to improve injection safety, including
eliminating unnecessary injections, promoting the availability and use of
single-use auto-disable needles and syringes and other safe injection
technologies, strengthening the procedures for proper needle and syringe
disposal, and improving the education and information provided to the public
and to health professionals. [<-Struck
out]
[Struck out->]
(b) Not later than March 31, 2002, the Administrator of the United States
Agency for International Development shall transmit to the Congress a report on
the implementation of subsection (a). [<-Struck out]
[Struck out->] EL SALVADOR RECONSTRUCTION [<-Struck out]
[Struck out->]
SEC. 581. During fiscal year 2002, not less than $100,000,000 shall be made available
for rehabilitation and reconstruction assistance for El Salvador: Provided,
That such funds shall be derived as follows: (1) from funds appropriated by
this Act, not less than $65,000,000, of which not less than $25,000,000 shall
be from funds appropriated under the heading `Economic Support Fund', not to
exceed $25,000,000 shall be from funds appropriated under the heading
`International Disaster Assistance', and not to exceed a total of $15,000,000
shall be from funds appropriated under the headings `Child Survival and Health
Programs Fund' and `Development Assistance'; and (2) from funds appropriated
under such headings for foreign operations, export financing, and related
programs for fiscal year 1999 and prior years, not less than $35,000,000: Provided
further, That none of the funds made available under this section may be
obligated for nonproject assistance: Provided further, That prior to any
obligation of funds made available under this section, the Administrator of the
United States Agency for International Development (USAID) shall provide the
Committees on Appropriations with a detailed report containing the amount of
the proposed obligation and a description of the programs and projects, on a
sector-by-sector basis, to be funded with such amount: Provided further,
That of the funds made available under this heading, up to $2,500,000 may be
used for administrative expenses, including auditing costs, of USAID. [<-Struck out]
[Struck out->] PROHIBITION ON UNITED
STATES CONTRIBUTION TO THE UNITED NATIONS INTERNATIONAL NARCOTICS CONTROL BOARD
[<-Struck out]
[Struck out->]
SEC. 582. None of the funds appropriated by this Act may be used for a United
States contribution to the United Nations International Narcotics Control
Board. [<-Struck out]
[Struck out->]
SEC. 583. None of the funds made available by this Act may be used to award a
contract to a person or entity whose bid or proposal reflects that the person
or entity has violated the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly
known as the `Buy American Act'). [<-Struck
out]
[Struck out->] FUNDING FOR TRAFFICKING
VICTIMS PROTECTION ACT OF 2000 [<-Struck
out]
[Struck out->]
SEC. 584. Of the amounts made available in this Act under the items
`DEVELOPMENT ASSISTANCE', `ECONOMIC SUPPORT FUND', `ASSISTANCE FOR EASTERN
EUROPE AND THE BALTIC STATES', `ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION', `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT',
and `MIGRATION AND REFUGEE ASSISTANCE'-- [<-Struck out]
[Struck out->]
(1) $10,000,000 shall be made available for prevention of trafficking in
persons, as authorized by section 106 of the Trafficking Victims Protection Act
of 2000 (division A of Public Law 106-386); [<-Struck out]
[Struck out->]
(2) $10,000,000 shall be made available for the protection and assistance for
victims of trafficking of persons, as authorized by section 107(a) of such Act;
and [<-Struck out]
[Struck out->]
(3) $10,000,000 shall be made available to assist foreign countries to meet
minimum standards for the elimination of trafficking, as authorized by section
134 of the Foreign Assistance Act of 1961. [<-Struck out]
[Struck out->]
This Act may be cited as the `Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002'. [<-Struck out]
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending September 30,
2002, and for other purposes, namely:
TITLE I--EXPORT AND
INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF
THE UNITED STATES
The Export-Import Bank of the United States is authorized to make such
expenditures within the limits of funds and borrowing authority available to
such corporation, and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by section
104 of the Government Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-Proliferation of
Nuclear Weapons eligible to receive economic or military assistance under this
Act, that has detonated a nuclear explosive after the date of the enactment of
this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and tied-aid
grants as authorized by section 10 of the Export-Import Bank Act of 1945, as
amended, $727,323,000 to remain available until September 30, 2005: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That such sums shall remain available until September 30, 2020 for the
disbursement of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2002, 2003, 2004, and 2005: Provided further, That
none of the funds appropriated by this Act or any prior Act appropriating funds
for foreign operations, export financing, or related programs for tied-aid
credits or grants may be used for any other purpose except through the regular
notification procedures of the Committees on Appropriations: Provided further,
That funds appropriated by this paragraph are made available notwithstanding
section 2(b)(2) of the Export Import Bank Act of 1945, in connection with the
purchase or lease of any product by any East European country, any Baltic State
or any agency or national thereof.
ADMINISTRATIVE
EXPENSES
For administrative expenses to carry out the direct and guaranteed loan
and insurance programs, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, and not to exceed $30,000 for official
reception and representation expenses for members of the Board of Directors,
$64,000,000: Provided, That necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Export-Import
Bank, repossession or sale of pledged collateral or other assets acquired by
the Export-Import Bank in satisfaction of moneys owed the Export-Import Bank,
or the investigation or appraisal of any property, or the evaluation of the
legal or technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading: Provided further,
That, notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until October 1,
2002.
OVERSEAS PRIVATE
INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such
expenditures and commitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That the amount available
for administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses which
shall not exceed $35,000) shall not exceed $38,608,000: Provided further, That
project-specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered administrative
expenses for the purposes of this heading.
PROGRAM ACCOUNT
Such sums as may be necessary for administrative expenses to carry out
the credit program may be derived from amounts available for administrative
expenses to carry out the credit and insurance programs in the Overseas Private
Investment Corporation Noncredit Account and merged with said account.
Funds Appropriated to
the President
TRADE AND DEVELOPMENT
AGENCY
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,024,000, to remain available until
September 30, 2003.
TITLE II--BILATERAL
ECONOMIC ASSISTANCE
Funds Appropriated to
the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain
available until September 30, 2002, unless otherwise specified herein, as
follows:
UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND
HEALTH PROGRAMS FUND
For necessary expenses to carry out the provisions of chapters 1 and 10
of part I of the Foreign Assistance Act of 1961, for child survival, family
planning/reproductive health, assistance to combat tropical and other
infectious diseases, and related activities, in addition to funds otherwise
available for such purposes, $1,510,500,000, to remain available until
expended: Provided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs, and related education programs;
(4) assistance for displaced and orphaned children; (5) programs for the
prevention, treatment, and control of, and research on, HIV/AIDS, tuberculosis,
malaria, polio and other infectious diseases; and (6) family
planning/reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for nonproject
assistance, except that funds may be made available for such assistance for
ongoing health programs: Provided further, That of the funds appropriated under
this heading, not to exceed $125,000, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight of child
survival, maternal and family planning/reproductive health, and infectious
disease programs: Provided further, That the following amounts should be
allocated as follows: $325,000,000 for child survival and maternal health;
$25,000,000 for vulnerable children; $450,000,000 for HIV/AIDS including
$90,000,000 which may be made available, notwithstanding any other provision of
law, for a United States contribution to a global fund to combat HIV/AIDS,
malaria, and tuberculosis, and not less than $15,000,000 which should be made
available to support the development of microbicides as a means for combating
HIV/AIDS; $185,000,000 for other infectious diseases, of which not less than
$65,000,000 should be made available for the prevention, treatment, and control
of, and research on, tuberculosis, and of which not less than $65,000,000
should be made available to combat malaria; $120,000,000 for UNICEF: Provided
further, That of the funds appropriated under this Act, not less than
$450,000,000 shall be made available to carry out the purposes of section
104(b) of the Foreign Assistance Act of 1961, including in areas where
population growth threatens biodiversity or endangered species, of which not
less than $395,000,000 shall be made available from funds appropriated under
this heading and not less than $55,000,000 shall be made available from funds
appropriated under other headings in this title: Provided further, That of the
funds appropriated under this heading, up to $50,500,000 may be made available
for a United States contribution to The Vaccine Fund, and up to $10,000,000 may
be made available for the International AIDS Vaccine Initiative: Provided
further, That none of the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to any organization or
program which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made available under
this Act may be used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions: Provided
further, That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to reduce
reliance on abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or through
referral to, or information about access to, a broad range of family planning
methods and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral agents in
the project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this provision shall not
be construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include payment of
incentives, bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program personnel for
achieving a numerical target or quota of total number of births, number of
family planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit, including the
right of access to participate in any program of general welfare or the right
of access to health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only in the
context of a scientific study in which participants are advised of potential
risks and benefits; and, not less than 60 days after the date on which the
Administrator of the United States Agency for International Development
determines that there has been a violation of the requirements contained in paragraph
(1), (2), (3), or (5) of this proviso, or a pattern or practice of violations
of the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, a report containing a description of such
violation and the corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term `motivate', as it
relates to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling about all
pregnancy options: Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961.
DEVELOPMENT
ASSISTANCE
For necessary expenses to carry out the provisions of sections 103,
105, 106, and 131, and chapter 10 of part I of the Foreign Assistance Act of
1961, $1,245,000,000, to remain available until September 30, 2003: Provided,
That $135,000,000 should be allocated for children's basic education: Provided
further, That none of the funds appropriated under this heading may be made
available for any activity which is in contravention to the Convention on
International Trade in Endangered Species of Flora and Fauna: Provided further,
That of the funds appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and victims of war, not
to exceed $35,000, in addition to funds otherwise available for such purposes,
may be used to monitor and provide oversight of such programs: Provided
further, That of the aggregate amount of the funds appropriated by this Act
that are made available for agriculture and rural development programs, $30,000,000
should be made available for plant biotechnology research and development:
Provided further, That not less than $2,300,000 should be made available for
core support for the International Fertilizer Development Center: Provided
further, That of the funds appropriated under this heading, not less than
$500,000 shall be made available for support of the United States
Telecommunications Training Institute: Provided further, That of the funds
appropriated under this heading, not less than $19,000,000 shall be made
available for the American Schools and Hospitals Abroad program: Provided
further, That, of the funds appropriated under this heading, up to $100,000
should be made available for an assessment of the causes of the flooding along
the Volta River in Accra, Ghana, and to make recommendations for solving the
problem: Provided further, That, of the funds appropriated under this heading
or under `Child Survival and Health Programs Fund', $5,000,000 should be made
available for activities in South and Central Asia aimed at reintegrating
`child soldiers' and other war-affected youth.
ENVIRONMENT, CLEAN
ENERGY, AND ENERGY CONSERVATION PROGRAMS FUND
Of the funds appropriated under the heading `Development Assistance', not
less than $295,000,000 should be made available for programs and activities
which directly protect tropical forests, biodiversity and endangered species,
promote the sustainable use of natural resources, and promote a wide range of
clean energy and energy conservation activities, including the transfer of
cleaner and environmentally sustainable energy technologies, and related
activities: Provided, That of the funds appropriated by this Act, not less than
$175,000,000 should be made available to support policies and actions in
developing countries and countries in transition that measure, monitor, report,
verify, and reduce greenhouse gas emissions; increase carbon sequestration
activities; and enhance climate change mitigation programs.
CYPRUS
Of the funds appropriated under the heading `Economic Support Fund',
not less than $15,000,000 shall be made available for Cyprus to be used only
for scholarships, administrative support of the scholarship program, bicommunal
projects, and measures aimed at reunification of the island and designed to
reduce tensions and promote peace and cooperation between the two communities
on Cyprus.
LEBANON
Of the funds appropriated under the heading `Economic Support Fund',
not less than $35,000,000 should be made available for Lebanon to be used,
among other programs, for scholarships and direct support of the American
educational institutions in Lebanon: Provided, That, notwithstanding section
534(a) of this Act, none of the funds appropriated under the heading `Economic
Support Fund' may be made available for assistance for the Central Government
of Lebanon until the Secretary of State determines and certifies to the
Committees on Appropriations that the Government of Lebanon has enforced the
custody and international pickup orders, issued during calendar year 2001, of
Lebanon's civil courts regarding abducted American children in Lebanon.
INDONESIA
Of the funds appropriated under the headings `Economic Support Fund',
`Child Survival and Health Programs Fund' and `Development Assistance', not
less than $135,000,000 should be made available for Indonesia: Provided, That
not less than $10,000,000 should be made available for humanitarian, economic
rehabilitation, and reconstruction, political reconciliation, and related
activities in Aceh, Papua, West Timor, and Malukus: Provided further, That
funds made available in the previous proviso may be transferred to and merged
with the appropriation for Transition Initiatives.
BURMA
Of the funds appropriated under the heading `Economic Support Fund',
not less than $6,500,000 shall be made available to support democracy
activities in Burma, democracy and humanitarian activities along the
Burma-Thailand border, and for Burmese student groups and other organizations
located outside Burma: Provided, That funds made available for Burma-related
activities under this heading may be made available notwithstanding any other
provision of law: Provided further, That none of the funds appropriated by this
Act may be used to provide humanitarian assistance inside Burma by any
individual, group, or association unless the Secretary of State certifies and
reports to the Committees on Appropriations that the provision of such
assistance includes the direct involvement of the democratically elected
National League for Democracy: Provided further, That the provision of such
funds shall be made available subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That Title II of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act,
2001, as enacted by section 101(a) of Public Law 106-429, is amended, under the
heading `Burma', by inserting `, `Child Survival and Disease Programs Fund','
after `Fund'.
LAOS
Of the funds appropriated under the headings `Child Survival and Health
Programs Fund' and `Development Assistance', $5,000,000 should be made
available for Laos: Provided, That funds made available under this heading
should be made available only through nongovernmental organizations.
INTERNATIONAL
DISASTER ASSISTANCE
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of the
Foreign Assistance Act of 1961, as amended, $245,000,000, to remain available
until expended.
TRANSITION
INITIATIVES
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign Assistance Act
of 1961, $52,500,000, to remain available until expended, to support transition
to democracy and to long-term development of countries in crisis: Provided,
That such support may include assistance to develop, strengthen, or preserve
democratic institutions and processes, revitalize basic infrastructure, and
foster the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to the
Committees on Appropriations at least 5 days prior to beginning a new program
of assistance.
DEVELOPMENT CREDIT
AUTHORITY
(INCLUDING TRANSFER
OF FUNDS)
For the cost of direct loans and loan guarantees, up to $25,000,000, as
authorized by sections 108 and 635 of the Foreign Assistance Act of 1961:
Provided, That such funds shall be derived by transfer from funds appropriated
by this Act to carry out part I of the Foreign Assistance Act of 1961, and
under the heading `Assistance for Eastern Europe and the Baltic States':
Provided further, That such funds shall be made available only for micro and
small enterprise programs, urban programs, and other programs which further the
purposes of part I of the Act: Provided further, That such costs shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign Assistance Act
of 1961, as contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be applicable to
direct loans and loan guarantees provided under this heading. In addition, for
administrative expenses to carry out credit programs administered by the United
States Agency for International Development, $7,500,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided further, That
funds appropriated under this heading shall remain available until expended.
PAYMENT TO THE
FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the `Foreign Service Retirement and Disability Fund', as
authorized by the Foreign Service Act of 1980, $44,880,000.
OPERATING EXPENSES OF
THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses to carry out the provisions of section 667,
$549,000,000: Provided, That none of the funds appropriated under this heading
may be made available to finance the construction (including architect and
engineering services), purchase, or long term lease of offices for use by the
United States Agency for International Development, unless the Administrator
has identified such proposed construction (including architect and engineering
services), purchase, or long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the obligation of these
funds for such purposes: Provided further, That the previous proviso shall not
apply where the total cost of construction (including architect and engineering
services), purchase, or long term lease of offices does not exceed $1,000,000:
Provided further, That of the funds appropriated under this heading, up to
$10,000,000 may remain available until expended for overseas facilities
construction, leasing, and other security-related costs.
OPERATING EXPENSES OF
THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR
GENERAL
For necessary expenses to carry out the provisions of section 667,
$32,000,000, to remain available until September 30, 2003, which sum shall be
available for the Office of the Inspector General of the United States Agency
for International Development.
Other Bilateral
Economic Assistance
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter 4 of part
II, $2,239,500,000, to remain available until September 30, 2003: Provided,
That of the funds appropriated under this heading, not less than $720,000,000
shall be available only for Israel, which sum shall be available on a grant
basis as a cash transfer and shall be disbursed within 30 days of the enactment
of this Act or by October 31, 2001, whichever is later: Provided further, That
not less than $655,000,000 shall be available only for Egypt, which sum shall
be provided on a grant basis, and of which sum cash transfer assistance shall
be provided with the understanding that Egypt will undertake significant
economic reforms which are additional to those which were undertaken in
previous fiscal years, and of which not less than $160,000,000 shall be
provided as Commodity Import Program assistance: Provided further, That in
exercising the authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does not cause an
adverse impact on the total level of nonmilitary exports from the United States
to such country and that Israel enters into a side letter agreement in an
amount proportional to the fiscal year 1999 agreement: Provided further, That
of the funds appropriated under this heading, $150,000,000 shall be made
available for assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000 shall be made
available for assistance for East Timor of which up to $1,000,000 may be
transferred to and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided further, That of
the funds appropriated under this heading, $12,000,000 should be made available
for Mongolia: Provided further, That up to $10,000,000 of the funds appropriated
under this heading may be used, notwithstanding any other provision of law, to
provide assistance to the National Democratic Alliance of Sudan to strengthen
its ability to protect civilians from attacks, slave raids, and aerial
bombardment by the Sudanese Government forces and its militia allies, and the
provision of such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That in the previous
proviso, the term `assistance' includes non-lethal, non-food aid such as
blankets, medicine, fuel, mobile clinics, water drilling equipment,
communications equipment to notify civilians of aerial bombardment,
non-military vehicles, tents, and shoes: Provided further, That of the funds
appropriated under this heading, not less than $250,000 should be made
available for assistance for the Documentation Center of Cambodia: Provided
further, That not later than 60 days after the enactment of this Act, the
Secretary of State shall report to the Committees on Appropriations on a 3-year
funding strategy for the Documentation Center of Cambodia.
ASSISTANCE FOR
EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the Foreign Assistance
Act of 1961 and the Support for East European Democracy (SEED) Act of 1989,
$615,000,000, to remain available until September 30, 2003, which shall be
available, notwithstanding any other provision of law, for assistance and for
related programs for Eastern Europe and the Baltic States, of which not to
exceed $28,000,000 shall be available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of modifying direct loans and
guarantees for the Federal Republic of Yugoslavia: Provided, That funds made
available for assistance for Kosovo from funds appropriated under this heading
and under the headings `Economic Support Fund' and `International Narcotics
Control and Law Enforcement' should not exceed 15 percent of the total resources
pledged by all donors for calendar year 2002 for assistance for Kosovo as of
March 31, 2002: Provided further, That none of the funds made available under
this Act for assistance for Kosovo shall be made available for large scale
physical infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning such
interest to the Treasury of the United States and without further appropriation
by the Congress. Funds made available for Enterprise Funds shall be expended at
the minimum rate necessary to make timely payment for projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act for the
use of economic assistance.
(d) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local currencies
generated by such funds (including the conversion of funds appropriated under
this heading into currency used by Bosnia and Herzegovina as local currency and
local currency returned or repaid under such program) the Administrator of the
United States Agency for International Development shall provide written
approval for grants and loans prior to the obligation and expenditure of funds
for such purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(e) The provisions of section 529 of this Act shall apply to funds made
available under subsection (d) and to funds appropriated under this heading:
Provided, That notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the application of section
529 of this Act, local currencies generated by, or converted from, funds
appropriated by this Act and by previous appropriations Acts and made available
for the economic revitalization program in Bosnia may be used in Eastern Europe
and the Baltic States to carry out the provisions of the Foreign Assistance Act
of 1961 and the Support for East European Democracy (SEED) Act of 1989.
(f) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in Bosnia and
Herzegovina, if he determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied with article III
of annex 1-A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between Iranian
officials and Bosnian officials has not been terminated.
ASSISTANCE FOR THE
INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of chapters 11
and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the Independent States of the former Soviet Union and
for related programs, $795,500,000, to remain available until September 30,
2003: Provided, That the provisions of such chapters shall apply to funds
appropriated by this paragraph: Provided further, That of the funds made available
for the Southern Caucasus region, notwithstanding any other provision of law,
funds may be used for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional conflicts, especially
those in the vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That
of the funds appropriated under this heading not less than $20,000,000 shall be
made available solely for the Russian Far East.
(b) Of the funds appropriated under this heading, not less than $180,000,000
should be made available for assistance for Ukraine: Provided, That of this
amount, not less than $35,000,000 should be made available for nuclear reactor
safety initiatives: Provided further, That not later than 60 days after the
date of enactment of this Act, and 120 days thereafter, the Department of State
shall submit to the Committees on Appropriations a report on progress by the
Government of Ukraine in investigating and bringing to justice individuals
responsible for the murders of Ukrainian journalists.
(c) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia: Provided, That
of this amount, not less than $5,000,000 shall be made available to support an
education initiative in Armenia to provide computer equipment and internet
access to Armenian primary and secondary schools.
(d) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Georgia, of which not
less than $3,000,000 should be made available for a small business development
project.
(e) Of the funds made available under this heading for nuclear safety
activities, not to exceed 8 percent of the funds provided for any single
project may be used to pay for management costs incurred by a United States
agency or national lab in administering said project.
(f)(1) Of the funds appropriated under this heading that are allocated
for assistance for the Government of the Russian Federation, 60 percent shall
be withheld from obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements to provide Iran with
technical expertise, training, technology, or equipment necessary to develop a
nuclear reactor, related nuclear research facilities or programs, or ballistic
missile capability;
(B) is cooperating with international efforts to investigate
allegations of war crimes and atrocities in Chechnya;
(C) is providing full access to international non-government
organizations providing humanitarian relief to refugees and internally
displaced persons in Chechnya; and
(D) is in compliance with article V of the Treaty on Conventional Armed
Forces in Europe regarding forces deployed in the flank zone in and around
Chechyna.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons; and
(B) activities authorized under title V (Nonproliferation and
Disarmament Programs and Activities) of the FREEDOM Support Act.
(g) Of the funds appropriated under this heading, not less than
$45,000,000 should be made available, in addition to funds otherwise available
for such purposes, for assistance for child survival, environmental and
reproductive health, and to combat HIV/AIDS, tuberculosis, and other infectious
diseases, and for related activities.
Independent Agencies
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace Corps
Act (75 Stat. 612), $275,000,000, including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of the
United States: Provided, That none of the funds appropriated under this heading
shall be used to pay for abortions: Provided further, That funds appropriated
under this heading shall remain available until September 30, 2003.
INTER-AMERICAN
FOUNDATION
For expenses necessary to carry out the functions of the Inter-American
Foundation in accordance with the provisions of section 401 of the Foreign
Assistance Act of 1969, and to make commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104(b)(3), $13,106,950.
AFRICAN DEVELOPMENT
FOUNDATION
For expenses necessary to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533, and to
make commitments without regard to fiscal year limitations, as provided by 31
U.S.C. 9104(b)(3), $16,542,000: Provided, That funds made available to grantees
may be invested pending expenditure for project purposes when authorized by the
President of the Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made: Provided further, That
this authority applies to interest earned both prior to and following enactment
of this provision: Provided further, That notwithstanding section 505(a)(2) of
the African Development Foundation Act, in exceptional circumstances the board
of directors of the Foundation may waive the $250,000 limitation contained in
that section with respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations after each time such
waiver authority is exercised.
Department of State
INTERNATIONAL
NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $217,000,000, to remain available until expended:
Provided, That any funds made available under this heading for anti-crime
programs and activities shall be made available subject to the regular
notification procedures of the Committees on Appropriations: Provided further,
That during fiscal year 2002, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961, without regard
to its restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign country under
chapter 8 of part I of that Act subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That of the funds
appropriated under this heading, not less than $10,000,000 should be made
available for anti-trafficking in persons programs, including trafficking
prevention, protection and assistance for victims, and prosecution of
traffickers: Provided further, That of the funds appropriated under this
heading, not more than $16,660,000 shall be available for administrative
expenses.
ANDEAN COUNTERDRUG
INITIATIVE
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 solely to support counterdrug activities in the Andean
region of South America, $547,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading, not less than
$101,000,000 shall be made available for Bolivia, and not less than $35,000,000
shall be made available for Ecuador: Provided further, That of the amount
appropriated under this heading, not less than $200,000,000 shall be
apportioned directly to the United States Agency for International Development,
to be used for economic and social programs: Provided further, That of the
amount appropriated under this heading, up to $2,000,000 should be made
available to support democracy-building activities in Venezuela: Provided
further, That funds appropriated by this Act that are used for the procurement
of chemicals for aerial coca fumigation programs may be made available for such
programs only if the Secretary of State, after consultation with the
Administrator of the Environmental Protection Agency and the Director of the
Centers for Disease Control and Prevention, determines and reports to the
Committees on Appropriations that (1) the chemicals used in the aerial
fumigation of coca, in the manner in which they are being applied, do not pose
an undue risk to human health or safety; (2) that aerial coca fumigation is
being carried out in accordance with Colombian laws and regulations, and
health, safety, and usage procedures recommended by the Environmental
Protection Agency, the Centers for Disease Control and Prevention, and the
manufacturers of the chemicals; (3) effective mechanisms are being utilized to
evaluate claims of local citizens that their health was harmed or their licit
agricultural crops were damaged by such aerial coca fumigation, and to provide
fair compensation for meritorious claims; and (4) within 6 months of the date
of enactment of this Act alternative development programs have been developed,
in consultation with communities and local authorities in the departments in
which such aerial coca fumigation is planned, and in the departments in which
such aerial coca fumigation has been conducted, such programs are being
implemented within 6 months of the date of enactment of this Act: Provided
further, That section 482(b) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act of 1961,
as amended, shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That section
3204(b) of the Emergency Supplemental Act, 2000 (Public Law 106-246) shall be
applicable to funds appropriated by this Act: Provided further, That the
President shall ensure that if any helicopter procured with funds under this
heading is used to aid or abet the operations of any illegal self-defense group
or illegal security cooperative, such helicopter shall be immediately returned
to the United States: Provided further, That funds made available under this
heading shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That, in addition to funds
otherwise available for such purposes, of the funds appropriated under this
heading, not more than $14,240,000 shall be available for administrative expenses
of the Department of State, and not more than $4,500,000 shall be available for
administrative expenses of the United States Agency for International
Development.
MIGRATION AND REFUGEE
ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to the
International Committee of the Red Cross, assistance to refugees, including
contributions to the International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities to meet refugee
and migration needs; salaries and expenses of personnel and dependents as
authorized by the Foreign Service Act of 1980; allowances as authorized by
sections 5921 through 5925 of title 5, United States Code; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of title
5, United States Code, $735,000,000, which shall remain available until
expended: Provided, That not more than $16,000,000 shall be available for administrative
expenses: Provided further, That not less than $60,000,000 of the funds made
available under this heading shall be made available for refugees from the
former Soviet Union and Eastern Europe and other refugees resettling in Israel.
UNITED STATES
EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of
the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C.
260(c)), $15,000,000, to remain available until expended: Provided, That the
funds made available under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of the Act which would limit the amount
of funds which could be appropriated for this purpose.
NONPROLIFERATION,
ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism and related
programs and activities, $318,500,000, to carry out the provisions of chapter 8
of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related activities,
notwithstanding any other provision of law, including activities implemented
through nongovernmental and international organizations, section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA) and a voluntary contribution to the
Korean Peninsula Energy Development Organization (KEDO), and for a United
States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That the Secretary of State shall inform the Committees
on Appropriations at least 10 days prior to the obligation of funds for the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided further,
That of this amount not to exceed $14,000,000, to remain available until
expended, may be made available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and disarmament: Provided
further, That such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international organizations
when it is in the national security interest of the United States to do so
following consultation with the appropriate committees of Congress: Provided
further, That funds appropriated under this heading may be made available for
the International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency: Provided further, That
of the funds appropriated under this heading, $40,000,000 should be made
available for demining, clearance of unexploded ordnance, and related activities:
Provided further, That of the funds made available for demining and related
activities, not to exceed $500,000, in addition to funds otherwise available
for such purposes, may be used for administrative expenses related to the
operation and management of the demining program: Provided further, That of the
funds appropriated under this heading, $3,500,000 should be made available to
support the Small Arms Destruction Initiative.
Department of the
Treasury
INTERNATIONAL AFFAIRS
TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961 (relating to international affairs technical
assistance activities), $6,000,000, to remain available until expended, which
shall be available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of modifying loans and loan guarantees, as the President may
determine, for which funds have been appropriated or otherwise made available
for programs within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the United States
as a result of concessional loans made to eligible countries, pursuant to parts
IV and V of the Foreign Assistance Act of 1961, and of modifying concessional
credit agreements with least developed countries, as authorized under section
411 of the Agricultural Trade Development and Assistance Act of 1954, as
amended, and concessional loans, guarantees and credit agreements, as
authorized under section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made pursuant to the
Export-Import Bank Act of 1945, by countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $235,000,000, to remain available until
expended: Provided, That not less than $11,000,000 of the funds appropriated
under this heading shall be made available to carry out the provisions of part
V of the Foreign Assistance Act of 1961, and up to $14,000,000 of unobligated
balance of funds available under this heading from prior year appropriations
acts should be made available to carry out such provisions: Provided further,
That funds appropriated or otherwise made available under this heading in this
Act may be used by the Secretary of the Treasury to pay to the Heavily Indebted
Poor Countries (HIPC) Trust Fund administered by the International Bank for
Reconstruction and Development amounts for the benefit of countries that are
eligible for debt reduction pursuant to title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106-113: Provided further, That amounts
paid to the HIPC Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible evidence that
the government of such country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement measures to
alleviate poverty and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations, the Secretary
of the Treasury shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during the
fiscal year: Provided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions: Provided further,
That the Secretary of the Treasury may disburse funds designated for debt
reduction through the HIPC Trust Fund only for the benefit of countries that--
(a) have committed, for a period of 24 months, not to accept new
market-rate loans from the international financial institution receiving debt
repayment as a result of such disbursement, other than loans made by such
institution to export-oriented commercial projects that generate foreign
exchange which are generally referred to as `enclave' loans; and
(b) have documented and demonstrated their commitment to redirect their
budgetary resources from international debt repayments to programs to alleviate
poverty and promote economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall not
apply to funds appropriated under this heading: Provided further, That none of
the funds made available under this heading in this or any other appropriations
Acts shall be made available for Sudan or Burma unless the Secretary of
Treasury determines and notifies the Committees on Appropriations that a
democratically elected government has taken office: Provided further, That the
authority provided by section 572 of Public Law 100-461 may be exercised only
with respect to countries that are eligible to borrow from the International
Development Association, but not from the International Bank for Reconstruction
and Development, commonly referred to as `IDA-only' countries.
TITLE III--MILITARY
ASSISTANCE
Funds Appropriated to
the President
INTERNATIONAL
MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $75,000,000, of which up to $5,000,000 may
remain available until expended: Provided, That the civilian personnel for whom
military education and training may be provided under this heading may include
civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further, That funds
appropriated under this heading for military education and training for
Zimbabwe, Indonesia and Guatemala may only be available for expanded
international military education and training and funds made available for
Zimbabwe, Cote D'Ivoire, The Gambia, the Democratic Republic of the Congo,
Algeria, Indonesia and Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations: Provided further,
That of the funds appropriated by this paragraph, not less than $600,000 shall
be made available for assistance for Armenia.
FOREIGN MILITARY
FINANCING PROGRAM
For expenses necessary for grants to enable the President to carry out
the provisions of section 23 of the Arms Export Control Act, $3,674,000,000:
Provided, That of the funds appropriated under this heading, not less than
$2,040,000,000 shall be available for grants only for Israel, and not less than
$1,300,000,000 shall be made available for grants only for Egypt: Provided
further, That the funds appropriated by this paragraph for Israel shall be
disbursed within 30 days of the enactment of this Act or by October 31, 2001,
whichever is later: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than $535,000,000
shall be available for the procurement in Israel of defense articles and
defense services, including research and development: Provided further, That of
the funds appropriated by this paragraph, not less than $75,000,000 shall be
made available for assistance for Jordan: Provided further, That of the funds
appropriated by this paragraph, not less than $10,000,000 shall be made
available for assistance for Tunisia: Provided further, That of the funds
appropriated by this paragraph, not less than $2,300,000 shall be made
available for assistance for Thailand: Provided further, That of the funds
appropriated by this paragraph, not less than $4,000,000 shall be made
available for assistance for Armenia: Provided further, That during fiscal year
2002, the President is authorized to, and shall, direct the draw-downs of
defense articles from the stocks of the Department of Defense, defense services
of the Department of Defense, and military education and training of an
aggregate value of not less than $5,000,000 under the authority of this proviso
for Tunisia for the purposes of part II of the Foreign Assistance Act of 1961
and any amount so directed shall count toward meeting the earmark in the
preceding proviso: Provided further, That funds appropriated by this paragraph
shall be nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be available
to finance the procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be financed with
such funds: Provided, That all country and funding level increases in
allocations shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds appropriated
under this heading shall be available for assistance for Sudan and Liberia:
Provided further, That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include activities
implemented through nongovernmental and international organizations: Provided
further, That none of the funds appropriated under this heading shall be
available for assistance for Guatemala: Provided further, That only those
countries for which assistance was justified for the `Foreign Military Sales
Financing Program' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That funds appropriated under
this heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not more than
$35,000,000 of the funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general costs of
administering military assistance and sales: Provided further, That not more
than $348,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms
Export Control Act may be obligated for expenses incurred by the Department of
Defense during fiscal year 2002 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations: Provided
further, That foreign military financing program funds estimated to be outlayed
for Egypt during fiscal year 2002 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York within 30 days of
enactment of this Act or by October 31, 2001, whichever is later: Provided
further, That the ninth proviso under the heading `Foreign Military Financing
Program' in title III of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001, as enacted by Public Law 106-429, is amended
by inserting `or 2002' after `2001'.
PEACEKEEPING
OPERATIONS
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $140,000,000: Provided, That none of the
funds appropriated under this heading shall be obligated or expended except as
provided through the regular notification procedures of the Committees on
Appropriations.
TITLE
IV--MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO
THE PRESIDENT
INTERNATIONAL FINANCIAL
INSTITUTIONS
GLOBAL ENVIRONMENT
FACILITY
For the
CONTRIBUTION TO THE
INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the
Secretary of the Treasury, $775,000,000, to remain available until expended: Provided,
That in negotiating United States participation in the next replenishment of
the International Development Association, the Secretary of the Treasury shall
accord high priority to providing the International Development Association
with the policy flexibility to provide new grant assistance to countries
eligible for debt reduction under the enhanced HIPC Initiative: Provided
further, That the Secretary of the Treasury shall instruct the United States
executive director to the International Bank for Reconstruction and Development
to vote against any water or sewage project in India that does not prohibit the
use of scavenger labor.
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
CONTRIBUTION TO THE
INTER-AMERICAN INVESTMENT CORPORATION
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $20,000,000, for the United States share of the
increase in subscriptions to capital stock, to remain available until expended.
CONTRIBUTION TO THE
ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to
the increase in resources of the Asian Development Fund, as authorized by the
Asian Development Bank Act, as amended, $103,017,050, to remain available until
expended.
CONTRIBUTION TO THE
AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary of the
Treasury, $5,100,000, for the United States paid-in share of the increase in
capital stock, to remain available until expended.
LIMITATION ON
CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital portion of
the United States share of such capital stock in an amount not to exceed
$79,991,500.
CONTRIBUTION TO THE
AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to
the increase in resources of the African Development Fund, $100,000,000, to
remain available until expended.
CONTRIBUTION TO THE
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and Development by
the Secretary of the Treasury, $35,778,717, for the United States share of the
paid-in portion of the increase in capital stock, to remain available until
expended.
LIMITATION ON CALLABLE
CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for Reconstruction and
Development may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock in an amount
not to exceed $123,237,803.
contribution to the
international fund for agricultural development
For the United States contribution by the Secretary of the Treasury to
increase the resources of the International Fund for Agricultural Development,
$20,000,000, to remain available until expended.
International
Organizations and Programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United Nations
Environment Program Participation Act of 1973, $218,000,000: Provided, That not
less than a total of $18,000,000 should be made available for the International
Panel on Climate Change, the United Nations Framework Convention on Climate
Change, the World Conservation Union, the International Tropical Timber
Organization, the Convention on International Trade in Endangered Species, the
Ramsar Convention on Wetlands, the Convention to Combat Desertification, the
United Nations Forum on Forests, and the Montreal Process on Criteria and
Indicators for Sustainable Forest Management: Provided further, That not less
than $6,000,000 should be made available to the World Food Program: Provided
further, That of the funds appropriated under this heading, not less than
$40,000,000 shall be made available for the United Nations Fund for Population
Activities (UNFPA): Provided further, That none of the funds appropriated under
this heading that are made available to UNFPA shall be made available for
activities in the People's Republic of China: Provided further, That with
respect to any funds appropriated under this heading that are made available to
UNFPA, UNFPA shall be required to maintain such funds in a separate account and
not commingle them with any other funds: Provided further, That none of the
funds appropriated under this heading may be made available to the Korean
Peninsula Energy Development Organization (KEDO) or the International Atomic
Energy Agency (IAEA).
TITLE V--GENERAL
PROVISIONS
OBLIGATIONS DURING
LAST MONTH OF AVAILABILITY
SEC. 501. Except for the appropriations entitled `International
Disaster Assistance', and `United States Emergency Refugee and Migration
Assistance Fund', not more than 15 percent of any appropriation item made
available by this Act shall be obligated during the last month of availability.
PRIVATE AND VOLUNTARY
ORGANIZATIONS
SEC. 502. (a) None of the funds appropriated or otherwise made
available by this Act for development assistance may be made available to any
United States private and voluntary organization, except any cooperative
development organization, which obtains less than 20 percent of its total
annual funding for international activities from sources other than the United
States Government: Provided, That the Administrator of the United States Agency
for International Development, after informing the Committees on
Appropriations, may, on a case-by-case basis, waive the restriction contained
in this subsection, after taking into account the effectiveness of the overseas
development activities of the organization, its level of volunteer support, its
financial viability and stability, and the degree of its dependence for its
financial support on the agency.
(b) Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations at a
level which is at least equivalent to the level provided in fiscal year 1995.
LIMITATION ON
RESIDENCE EXPENSES
SEC. 503. Of the funds appropriated or made available pursuant to this
Act, not to exceed $126,500 shall be for official residence expenses of the
United States Agency for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign currencies are utilized in
lieu of dollars.
LIMITATION ON
EXPENSES
SEC. 504. Of the funds appropriated or made available pursuant to this
Act, not to exceed $5,000 shall be for entertainment expenses of the United
States Agency for International Development during the current fiscal year.
LIMITATION ON
REPRESENTATIONAL ALLOWANCES
SEC. 505. Of the funds appropriated or made available pursuant to this
Act, not to exceed $95,000 shall be available for representation allowances for
the United States Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure that, to
the maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That of the funds made available
by this Act for general costs of administering military assistance and sales
under the heading `Foreign Military Financing Program', not to exceed $2,000
shall be available for entertainment expenses and not to exceed $100,000 shall
be available for representation allowances: Provided further, That of the funds
made available by this Act under the heading `International Military Education
and Training', not to exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made available by this Act for
the Inter-American Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided further, That of
the funds made available by this Act under the heading `Trade and Development
Agency', not to exceed $2,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON
FINANCING NUCLEAR GOODS
SEC. 506. None of the funds appropriated or made available (other than
funds for `Nonproliferation, Anti-terrorism, Demining and Related Programs')
pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may
be used, except for purposes of nuclear safety, to finance the export of
nuclear equipment, fuel, or technology.
PROHIBITION AGAINST
DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or
Syria, or to the government of any nation which the President determines harbored
or is harboring, or provided or is providing financing for, individuals or
organizations involved in the September 11, 2001 terrorist attacks in the
United States: Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly any
assistance to any country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be resumed to such
country if the President determines and reports to the Committees on
Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office.
TRANSFERS BETWEEN
ACCOUNTS
SEC. 509. None of the funds made available by this Act may be obligated
under an appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President, prior to
the exercise of any authority contained in the Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy justification to
the Committees on Appropriations of the House of Representatives and the
Senate.
DEOBLIGATION/REOBLIGATION
AUTHORITY
SEC. 510. Obligated balances of funds appropriated to carry out section
23 of the Arms Export Control Act as of the end of the fiscal year immediately
preceding the current fiscal year are, if deobligated, hereby continued
available during the current fiscal year for the same purpose under any
authority applicable to such appropriations under this Act: Provided, That the
authority of this subsection may not be used in fiscal year 2002.
AVAILABILITY OF FUNDS
SEC. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current fiscal year
unless expressly so provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section 667, chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended, section 23 of the
Arms Export Control Act, and funds provided under the heading `Assistance for
Eastern Europe and the Baltic States', shall remain available for an additional
four years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before the
expiration of their respective periods of availability contained in this Act:
Provided further, That, notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 which are allocated or obligated
for cash disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available until expended.
LIMITATION ON
ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 512. No part of any appropriation contained in this Act shall be
used to furnish assistance to any country which is in default during a period
in excess of one calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated under this Act
unless the President determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national interest of
the United States.
COMMERCE AND TRADE
SEC. 513. (a) None of the funds appropriated or made available pursuant
to this Act for direct assistance and none of the funds otherwise made
available pursuant to this Act to the Export-Import Bank and the Overseas
Private Investment Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for establishing or
expanding production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world markets at
the time the resulting productive capacity is expected to become operative and
if the assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such prohibition
shall not apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States are
likely to outweigh the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an agricultural commodity
for export which would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact in the
export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American
producers.
SURPLUS COMMODITIES
SEC. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International Monetary
Fund, the Asian Development Bank, the Inter-American Investment Corporation,
the North American Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African Development Fund to
use the voice and vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or competing commodity.
NOTIFICATION
REQUIREMENTS
SEC. 515. (a) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made available
under this Act for `Child Survival and Health Programs Fund', `Development
Assistance', `International Organizations and Programs', `Trade and Development
Agency', `International Narcotics Control and Law Enforcement', `Andean
Counterdrug Initiative', `Assistance for Eastern Europe and the Baltic States',
`Assistance for the Independent States of the Former Soviet Union', `Economic
Support Fund', `Peacekeeping Operations', `Operating Expenses of the United
States Agency for International Development', `Operating Expenses of the United
States Agency for International Development Office of Inspector General',
`Nonproliferation, Anti-terrorism, Demining and Related Programs', `Foreign
Military Financing Program', `International Military Education and Training',
`Peace Corps', and `Migration and Refugee Assistance', shall be available for
obligation for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Appropriations Committees for obligation under any of these
specific headings unless the Appropriations Committees of both Houses of
Congress are previously notified 15 days in advance: Provided, That the
President shall not enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the provision of
major defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are notified 15
days in advance of such commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or project under chapter 1
of part I of the Foreign Assistance Act of 1961 of less than 10 percent of the
amount previously justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided further, That the
requirements of this section or any similar provision of this Act or any other
Act, including any prior Act requiring notification in accordance with the
regular notification procedures of the Committees on Appropriations, may be
waived if failure to do so would pose a substantial risk to human health or
welfare: Provided further, That in case of any such waiver, notification to the
Congress, or the appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an explanation of
the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification procedures
of the Committees on Appropriations.
LIMITATION ON
AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not made available for
organizations and programs because of the implementation of section 307(a) of
the Foreign Assistance Act of 1961, shall remain available for obligation until
September 30, 2003.
INDEPENDENT STATES OF
THE FORMER SOVIET UNION
SEC. 517. (a) None of the funds appropriated under the heading
`Assistance for the Independent States of the Former Soviet Union' shall be
made available for assistance for a government of an Independent State of the
former Soviet Union--
(1) unless that government is making progress in implementing
comprehensive economic reforms based on market principles, private ownership,
respect for commercial contracts, and equitable treatment of foreign private
investment; and
(2) if that government applies or transfers United States assistance to
any entity for the purpose of expropriating or seizing ownership or control of
assets, investments, or ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading `Assistance for
the Independent States of the Former Soviet Union' shall be made available for
assistance for a government of an Independent State of the former Soviet Union
if that government directs any action in violation of the territorial integrity
or national sovereignty of any other Independent State of the former Soviet
Union, such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(c) None of the funds appropriated under the heading `Assistance for
the Independent States of the Former Soviet Union' shall be made available for
any state to enhance its military capability: Provided, That this restriction
does not apply to demilitarization, demining or nonproliferation programs.
(d) Funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' for the Russian Federation,
Armenia, Georgia, and Ukraine shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the Independent
States of the former Soviet Union shall be subject to the provisions of section
117 (relating to environment and natural resources) of the Foreign Assistance
Act of 1961.
(f) Funds appropriated in this or prior appropriations Acts that are or
have been made available for an Enterprise Fund in the Independent States of
the Former Soviet Union may be deposited by such Fund in interest-bearing
accounts prior to the disbursement of such funds by the Fund for program
purposes. The Fund may retain for such program purposes any interest earned on
such deposits without returning such interest to the Treasury of the United
States and without further appropriation by the Congress. Funds made available
for Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts under
the heading `Assistance for the Independent States of the Former Soviet Union'
and under comparable headings in prior appropriations Acts, for projects or
activities that have as one of their primary purposes the fostering of private
sector development, the Coordinator for United States Assistance to the New
Independent States and the implementing agency shall encourage the
participation of and give significant weight to contractors and grantees who
propose investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and activities.
OVERSEAS PRIVATE
INVESTMENT CORPORATION AND EXPORT-IMPORT BANK RESTRICTIONS
SEC. 518. (a) LIMITATION ON USE OF FUNDS BY OPIC- None of the funds
made available in this Act may be used by the Overseas Private Investment
Corporation to insure, reinsure, guarantee, or finance any investment in
connection with a project involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements of
subsection (c).
(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT BANK- None of the
funds made available in this Act may be used by the Export-Import Bank of the
United States to guarantee, insure, extend credit, or participate in an
extension of credit in connection with the export of any goods to a country for
use in an enterprise involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the requirements of subsection
(c).
(c) REQUIREMENTS- The requirements referred to in subsection (a) and
(b) are that the country concerned is implementing a system of controls on the export
and import of rough diamonds that--
(1) is consistent with United Nations General Assembly Resolution 55/56
adopted on December 1, 2000.
(2) the President determines to be functionally equivalent to the
system of controls specified in subparagraph (1); or
(3) meets the requirements of an international agreement which requires
controls specified in subparagraph (1) and to which the United States is a
party.
EXPORT FINANCING
TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other than for
administrative expenses made available for fiscal year 2002, for programs under
title I of this Act may be transferred between such appropriations for use for
any of the purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
SPECIAL NOTIFICATION
REQUIREMENTS
SEC. 520. None of the funds appropriated by this Act shall be obligated
or expended for Burma, Colombia, Haiti, Liberia, Serbia, Sudan, Ethiopia,
Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of the Congo except as
provided through the regular notification procedures of the Committees on
Appropriations.
DEFINITION OF
PROGRAM, PROJECT, AND ACTIVITY
SEC. 521. For the purpose of this Act, `program, project, and activity'
shall be defined at the appropriations Act account level and shall include all
appropriations and authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support Fund and
Foreign Military Financing Program, `program, project, and activity' shall also
be considered to include country, regional, and central program level funding
within each such account; for the development assistance accounts of the United
States Agency for International Development `program, project, and activity'
shall also be considered to include central program level funding, either as:
(1) justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by section 653(a) of
the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND
HEALTH ACTIVITIES
SEC. 522. Up to $15,500,000 of the funds made available by this Act for
assistance under the heading `Child Survival and Health Programs Fund', may be
used to reimburse United States Government agencies, agencies of State
governments, institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for the personal
services of such individuals) detailed or assigned to, or contracted by, as the
case may be, the United States Agency for International Development for the
purpose of carrying out activities under that heading: Provided, That up to
$3,500,000 of the funds made available by this Act for assistance under the
heading `Development Assistance' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That funds
appropriated by this Act that are made available for child survival activities
or disease programs including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made available notwithstanding
any other provision of law: Provided further, That funds appropriated under
title II of this Act may be made available pursuant to section 301 of the
Foreign Assistance Act of 1961 if a primary purpose of the assistance is for
child survival and related programs.
PROHIBITION AGAINST
INDIRECT FUNDING TO CERTAIN COUNTRIES
SEC. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated to finance indirectly any assistance or
reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or Sudan, or to the
government of any nation which the President determines harbored or is
harboring, or provided or is providing financing for, individuals or
organizations involved in the September 11, 2001 terrorist attacks in the
United States, unless the President of the United States certifies that the
withholding of these funds is contrary to the national interest of the United
States.
NOTIFICATION ON
EXCESS DEFENSE EQUIPMENT
SEC. 524. Prior to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations to the same
extent and under the same conditions as are other committees pursuant to subsection
(f) of that section: Provided, That before issuing a letter of offer to sell
excess defense articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the
regular notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act for
the use of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense articles.
AUTHORIZATION
REQUIREMENT
SEC. 525. Funds appropriated by this Act, except funds appropriated
under the headings `Peace Corps' and `Trade and Development Agency', may be
obligated and expended notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of 1956.
DEMOCRACY PROGRAMS
SEC. 526. Funds appropriated by this Act that are provided to the
National Endowment for Democracy may be made available notwithstanding any
other provision of law or regulation: Provided, That notwithstanding any other
provision of law, of the funds appropriated by this Act to carry out provisions
of chapter 4 of part II of the Foreign Assistance Act of 1961, not less than
$10,000,000 shall be made available for assistance for the People's Republic of
China for activities to support democracy, human rights, and the rule of law in
that country, of which not less than $5,000,000 should be made available for
the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and
Labor, Department of State, for such activities, and of which not to exceed
$2,500,000 may be made available to nongovernmental organizations located
outside the People's Republic of China to support activities which preserve
cultural traditions and promote sustainable development and environmental
conservation in Tibetan communities in Tibet: Provided further, That
notwithstanding any other provision of law or regulation, funds appropriated by
this or any other Act making appropriations pursuant to part I of the Foreign
Assistance Act of 1961 that are available for the United States-Asia
Environmental Partnership, may be made available for activities in the People's
Republic of China: Provided further, That funds made available pursuant to the
authority of this section for programs, projects, and activities in the
People's Republic of China shall be subject to the regular notification
procedures of the Committees on Appropriations.
PROHIBITION ON
BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not be made
available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or humanitarian
reasons justify such waiver. The President shall publish each waiver in the
Federal Register and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participation of nongovernmental
organizations in economic assistance activities under the Foreign Assistance
Act of 1961, including endowments, debt-for-development and debt-for-nature
exchanges, a nongovernmental organization which is a grantee or contractor of
the United States Agency for International Development may place in interest
bearing accounts funds made available under this Act or prior Acts or local
currencies which accrue to that organization as a result of economic assistance
provided under title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES- (1) If assistance
is furnished to the government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International Development
shall--
(A) require that local currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government which sets forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited
may be utilized, consistent with this section; and
(C) establish by agreement with that government the responsibilities of
the United States Agency for International Development and that government to
monitor and account for deposits into and disbursements from the separate
account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as
the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) PROGRAMMING ACCOUNTABILITY- The United States Agency for
International Development shall take all necessary steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A)
from the separate account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance
to a country under chapter 1 or 10 of part I or chapter 4 of part II (as the
case may be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of for such
purposes as may be agreed to by the government of that country and the United
States Government.
(5) REPORTING REQUIREMENT- The Administrator of the United States
Agency for International Development shall report on an annual basis as part of
the justification documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar equivalent) used
and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS- (1) If assistance is made
available to the government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account and not commingle them
with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be
obligated and expended notwithstanding provisions of law which are inconsistent
with the nature of this assistance including provisions which are referenced in
the Joint Explanatory Statement of the Committee of Conference accompanying
House Joint Resolution 648 (House Report No. 98-1159).
(3) NOTIFICATION- At least 15 days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as appropriate,
a description of the economic policy reforms that will be promoted by such
assistance).
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from
the requirements of subsection (b)(1) only through the notification procedures
of the Committees on Appropriations.
COMPENSATION FOR
UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 530. (a) No funds appropriated by this Act may be made as payment
to any international financial institution while the United States Executive
Director to such institution is compensated by the institution at a rate which,
together with whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States Director to such
institution is compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, `international financial
institutions' are: the International Bank for Reconstruction and Development,
the Inter-American Development Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the African Development Fund,
the International Monetary Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH
UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 531. None of the funds appropriated or otherwise made available
pursuant to this Act to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act may be used to provide assistance
to any country that is not in compliance with the United Nations Security
Council sanctions against Iraq unless the President determines and so certifies
to the Congress that--
(1) such assistance is in the national interest of the United States;
(2) such assistance will directly benefit the needy people in that
country; or
(3) the assistance to be provided will be humanitarian assistance for
foreign nationals who have fled Iraq and Kuwait.
AUTHORITIES FOR THE
PEACE CORPS, INTERNATIONAL FUND FOR AGRICULTURE DEVELOPMENT, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 532. (a) Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts authorizing
or making appropriations for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American Foundation Act or the
African Development Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for `International Organizations and Programs' in this or
any other Act, including prior appropriations Acts, shall not be construed to
be applicable to the International Fund for Agriculture Development.
IMPACT ON JOBS IN THE
UNITED STATES
SEC. 533. None of the funds appropriated by this Act may be obligated
or expended to provide--
(a) any financial incentive to a business enterprise currently located
in the United States for the purpose of inducing such an enterprise to relocate
outside the United States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the United States
because United States production is being replaced by such enterprise outside
the United States; or
(b) assistance for any project or activity that contributes to the
violation of internationally recognized workers rights, as defined in section
502(a)(4) of the Trade Act of 1974, of workers in the recipient country,
including any designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be commensurate with
the level of development of the recipient country and sector, the provisions of
this subsection shall not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR,
DISPLACED CHILDREN, AND DISPLACED BURMESE- Funds appropriated in titles I and
II of this Act that are made available for Afghanistan, Lebanon, Montenegro,
and for victims of war, displaced children, and displaced Burmese, may be made
available notwithstanding any other provision of law: Provided, That any such
funds that are made available for Cambodia shall be subject to the provisions
of section 531(e) of the Foreign Assistance Act of 1961 and section 906 of the
International Security and Development Cooperation Act of 1985.
(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES- Funds
appropriated by this Act to carry out the provisions of sections 103 through
106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of supporting
tropical forestry and biodiversity conservation activities and energy programs
aimed at reducing greenhouse gas emissions: Provided, That such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) PERSONAL SERVICES CONTRACTORS- Funds appropriated by this Act to
carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the
Foreign Assistance Act of 1961, and title II of the Agricultural Trade
Development and Assistance Act of 1954, may be used by the United States Agency
for International Development to employ up to 25 personal services contractors
in the United States, notwithstanding any other provision of law, for the
purpose of providing direct, interim support for new or expanded overseas
programs and activities and managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided further, That
such funds appropriated to carry out the Foreign Assistance Act of 1961 may be
made available for personal services contractors assigned only to the Office of
Health and Nutrition; the Office of Procurement; the Bureau for Africa; the
Bureau for Latin America and the Caribbean; the Bureau for Asia and the Near
East; and for the Global Development Alliance initiative: Provided further,
That such funds appropriated to carry out title II of the Agricultural Trade
Development and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER- The President may waive the provisions of section 1003
of Public Law 100-204 if the President determines and certifies in writing to
the Speaker of the House of Representatives and the President pro tempore of
the Senate that it is important to the national security interests of the United
States.
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph
(1) shall be effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this Act.
(e) SPECIAL AUTHORITY- During fiscal year 2002, the President may use
up to $35,000,000 under the authority of section 451 of the Foreign Assistance
Act, notwithstanding the funding ceiling in section 451(a).
(f) SMALL BUSINESS- In entering into multiple award indefinite-quantity
contracts with funds appropriated by this Act, the United States Agency for
International Development may provide an exception to the fair opportunity
process for placing task orders under such contracts when the order is placed
with any category of small or small disadvantaged business.
POLICY ON TERMINATING
THE ARAB LEAGUE BOYCOTT OF ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL
SEC. 535. It is the sense of the Congress that--
(1) the Arab League countries should immediately and publicly renounce
the primary boycott of Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Israel and should normalize their
relations with Israel;
(2) the decision by the Arab League in 1997 to reinstate the boycott
against Israel was deeply troubling and disappointing;
(3) the fact that only three Arab countries maintain full diplomatic
relations with Israel is also of deep concern;
(4) the Arab League should immediately rescind its decision on the
boycott and its members should develop normal relations with their neighbor
Israel; and
(5) the President should--
(A) take more concrete steps to encourage vigorously Arab League
countries to renounce publicly the primary boycotts of Israel and the secondary
and tertiary boycotts of American firms that have commercial relations with
Israel and to normalize their relations with Israel;
(B) take into consideration the participation of any recipient country
in the primary boycott of Israel and the secondary and tertiary boycotts of
American firms that have commercial relations with Israel when determining
whether to sell weapons to said country;
(C) report to Congress annually on the specific steps being taken by
the United States and the progress achieved to bring about a public
renunciation of the Arab primary boycott of Israel and the secondary and
tertiary boycotts of American firms that have commercial relations with Israel
and to expand the process of normalizing ties between Arab League countries and
Israel; and
(D) encourage the allies and trading partners of the United States to
enact laws prohibiting businesses from complying with the boycott and
penalizing businesses that do comply.
ADMINISTRATION OF
JUSTICE ACTIVITIES
SEC. 536. Of the funds appropriated or otherwise made available by this
Act for `Economic Support Fund', assistance may be provided to strengthen the
administration of justice in countries in Latin America and the Caribbean and
in other regions consistent with the provisions of section 534(b) of the
Foreign Assistance Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted notwithstanding section 660 of
that Act. Funds made available pursuant to this section may be made available
notwithstanding section 534(c) and the second and third sentences of section
534(e) of the Foreign Assistance Act of 1961.
ELIGIBILITY FOR
ASSISTANCE
SEC. 537. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS-
Restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance in support of programs
of nongovernmental organizations from funds appropriated by this Act to carry
out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961, and from funds appropriated under the
heading `Assistance for Eastern Europe and the Baltic States': Provided, That
the President shall take into consideration, in any case in which a restriction
on assistance would be applicable but for this subsection, whether assistance
in support of programs of nongovernmental organizations is in the national
interest of the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those committees,
including a description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) PUBLIC LAW 480- During fiscal year 2002, restrictions contained in
this or any other Act with respect to assistance for a country shall not be
construed to restrict assistance under the Agricultural Trade Development and
Assistance Act of 1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this subsection may be
obligated or expended except as provided through the regular notification
procedures of the Committees on Appropriations.
(c) EXCEPTION- This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act of 1961
or any comparable provision of law prohibiting assistance to countries that
support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act of 1961
or any comparable provision of law prohibiting assistance to the government of
a country that violates internationally recognized human rights.
EARMARKS
SEC. 538. (a) Funds appropriated by this Act which are earmarked may be
reprogrammed for other programs within the same account notwithstanding the
earmark if compliance with the earmark is made impossible by operation of any
provision of this or any other Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is reprogrammed pursuant
to this subsection shall be made available under the same terms and conditions
as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development that are
earmarked for particular programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Administrator of such agency
determines and reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in circumstances
makes it unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked funds that are
continued available for an additional fiscal year shall be obligated only for
the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 539. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs. Earmarks or minimum
funding requirements contained in any other Act shall not be applicable to
funds appropriated by this Act.
PROHIBITION ON
PUBLICITY OR PROPAGANDA
SEC. 540. No part of any appropriation contained in this Act shall be
used for publicity or propaganda purposes within the United States not
authorized before the date of the enactment of this Act by the Congress:
Provided, That not to exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
PURCHASE OF
AMERICAN-MADE EQUIPMENT AND PRODUCTS
SEC. 541. To the maximum extent practicable, assistance provided under
this Act should make full use of American resources, including commodities,
products, and services.
PROHIBITION OF
PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 542. None of the funds appropriated or made available pursuant to
this Act for carrying out the Foreign Assistance Act of 1961, may be used to
pay in whole or in part any assessments, arrearages, or dues of any member of
the United Nations or, from funds appropriated by this Act to carry out chapter
1 of part I of the Foreign Assistance Act of 1961, the costs for participation
of another country's delegation at international conferences held under the
auspices of multilateral or international organizations.
NONGOVERNMENTAL
ORGANIZATIONS--DOCUMENTATION
SEC. 543. None of the funds appropriated or made available pursuant to
this Act shall be available to a nongovernmental organization which fails to
provide upon timely request any document, file, or record necessary to the auditing
requirements of the United States Agency for International Development.
PROHIBITION ON
ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 544. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which provides
lethal military equipment to a country the government of which the Secretary of
State has determined is a terrorist government for purposes of section 6(j) of
the Export Administration Act. The prohibition under this section with respect
to a foreign government shall terminate 12 months after that government ceases
to provide such military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October 1,
1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that furnishing
such assistance is important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the President
shall submit to the appropriate congressional committees a report with respect
to the furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated dollar
amount of such assistance, and an explanation of how the assistance furthers
United States national interests.
WITHHOLDING OF
ASSISTANCE FOR PARKING FINES OWED BY FOREIGN COUNTRIES
SEC. 545. (a) IN GENERAL- Of the funds made available for a foreign
country under part I of the Foreign Assistance Act of 1961, an amount
equivalent to 110 percent of the total unpaid fully adjudicated parking fines
and penalties owed to the District of Columbia and New York City, New York by
such country as of the date of the enactment of this Act shall be withheld from
obligation for such country until the Secretary of State certifies and reports
in writing to the appropriate congressional committees that such fines and
penalties are fully paid to the governments of the District of Columbia and New
York City, New York.
(b) DEFINITION- For purposes of this section, the term `appropriate
congressional committees' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of Representatives.
LIMITATION ON
ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
SEC. 546. None of the funds appropriated by this Act may be obligated
for assistance for the Palestine Liberation Organization for the West Bank and
Gaza unless the President has exercised the authority under section 604(a) of
the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104-107)
or any other legislation to suspend or make inapplicable section 307 of the
Foreign Assistance Act of 1961 and that suspension is still in effect:
Provided, That if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to suspend the
prohibition under other legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
WAR CRIMES TRIBUNALS
DRAWDOWN
SEC. 547. If the President determines that doing so will contribute to
a just resolution of charges regarding genocide or other violations of
international humanitarian law, the President may direct a drawdown pursuant to
section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to
$35,000,000 of commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by the United Nations
Security Council or such other tribunals or commissions as the Council may
establish or authorize to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided further, That
funds made available for tribunals other than Yugoslavia or Rwanda shall be
made available subject to the regular notification procedures of the Committees
on Appropriations.
LANDMINES
SEC. 548. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International Development
and the Department of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions as the
President may prescribe: Provided, That section 1365(c) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778
note) is amended by striking `During the 11-year period beginning on October
23, 1992' and inserting `During the 16-year period beginning on October 23,
1992'.
RESTRICTIONS
CONCERNING THE PALESTINIAN AUTHORITY
SEC. 549. None of the funds appropriated by this Act may be obligated
or expended to create in any part of Jerusalem a new office of any department
or agency of the United States Government for the purpose of conducting
official United States Government business with the Palestinian Authority over
Gaza and Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this restriction shall
not apply to the acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian Authority, or
any successor Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place in
locations other than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to meet in Jerusalem on
other subjects with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have incidental
discussions.
PROHIBITION OF
PAYMENT OF CERTAIN EXPENSES
SEC. 550. None of the funds appropriated or otherwise made available by
this Act under the heading `International Military Education and Training' or
`Foreign Military Financing Program' for Informational Program activities or
under the headings `Child Survival and Health Programs Fund', `Development
Assistance', and `Economic Support Fund' may be obligated or expended to pay
for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a
recreational character, including entrance fees at sporting events and
amusement parks.
SPECIAL DEBT RELIEF
FOR THE POOREST
SEC. 551. (a) AUTHORITY TO REDUCE DEBT- The President may reduce
amounts owed to the United States (or any agency of the United States) by an
eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export Control
Act; or
(3) any obligation or portion of such obligation, to pay for purchases
of United States agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized pursuant to
section 5(f) of the Commodity Credit Corporation Charter Act of June 29, 1948,
as amended, section 4(b) of the Food for Peace Act of 1966, as amended (Public
Law 89-808), or section 202 of the Agricultural Trade Act of 1978, as amended
(Public Law 95-501).
(b) LIMITATIONS-
(1) The authority provided by subsection (a) may be exercised only to
implement multilateral official debt relief and referendum agreements, commonly
referred to as `Paris Club Agreed Minutes'.
(2) The authority provided by subsection (a) may be exercised only in
such amounts or to such extent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a) may be exercised only with
respect to countries with heavy debt burdens that are eligible to borrow from
the International Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as `IDA-only'
countries.
(c) CONDITIONS- The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international
terrorism;
(3) is not failing to cooperate on international narcotics control
matters;
(4) (including its military or other security forces) does not engage
in a consistent pattern of gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the application of
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995.
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may
be used only with regard to funds appropriated by this Act under the heading
`Debt Restructuring'.
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to
subsection (a) shall not be considered assistance for purposes of any provision
of law limiting assistance to a country. The authority provided by subsection
(a) may be exercised notwithstanding section 620(r) of the Foreign Assistance
Act of 1961 or section 321 of the International Development and Food Assistance
Act of 1975.
AUTHORITY TO ENGAGE
IN DEBT BUYBACKS OR SALES
SEC. 552. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding
any other provision of law, the President may, in accordance with this section,
sell to any eligible purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, reduce or cancel such loan or
portion thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own qualified debt,
only if the eligible country uses an additional amount of the local currency of
the eligible country, equal to not less than 40 percent of the price paid for
such debt by such eligible country, or the difference between the price paid
for such debt and the face value of such debt, to support activities that link
conservation and sustainable use of natural resources with local community
development, and child survival and other child development, in a manner
consistent with sections 707 through 710 of the Foreign Assistance Act of 1961,
if the sale, reduction, or cancellation would not contravene any term or
condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of law,
the President shall, in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled pursuant to this
section.
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of the
Foreign Assistance Act of 1961, shall notify the administrator of the agency
primarily responsible for administering part I of the Foreign Assistance Act of
1961 of purchasers that the President has determined to be eligible, and shall
direct such agency to carry out the sale, reduction, or cancellation of a loan
pursuant to this section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) LIMITATION- The authorities of this subsection shall be available
only to the extent that appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act of 1974, are made in
advance.
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this section
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the President
for using the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser, or
any reduction or cancellation pursuant to this section, of any loan made to an
eligible country, the President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may
be used only with regard to funds appropriated by this Act under the heading
`Debt Restructuring'.
HAITI COAST GUARD
SEC. 553. The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), for the Coast Guard: Provided, That the authority provided by this
section shall be subject to the regular notification procedures of the
Committees on Appropriations.
LIMITATION ON
ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 554. (a) PROHIBITION OF FUNDS- None of the funds appropriated by
this Act to carry out the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) WAIVER- The prohibition included in subsection (a) shall not apply
if the President certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate that waiving such
prohibition is important to the national security interests of the United
States.
(c) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to subsection
(b) shall be effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this Act.
LIMITATION ON
ASSISTANCE TO SECURITY FORCES
SEC. 555. None of the funds made available by this Act may be provided
to any unit of the security forces of a foreign country if the Secretary of
State has credible evidence that such unit has committed gross violations of
human rights, unless the Secretary determines and reports to the Committees on
Appropriations that the government of such country is taking effective measures
to bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold funds
made available by this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations of human
rights: Provided further, That in the event that funds are withheld from any
unit pursuant to this section, the Secretary of State shall promptly inform the
foreign government of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking effective measures
to bring the responsible members of the security forces to justice.
GREENHOUSE GAS
EMISSIONS REPORT
SEC. 556. Not later than the date on which the President's fiscal year
2003 budget request is submitted to Congress, the President shall submit a
report to the Committees on Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures, domestic and
international, for climate change programs and activities in fiscal year 2002,
including an accounting of expenditures by agency with each agency identifying
climate change activities and associated costs by line item as presented in the
President's Budget Appendix;
(2) all fiscal year 2001 expenditures and fiscal year 2002 projected
expenditures by the United States Agency for International Development to
assist developing countries and countries in transition in adopting and
implementing policies to measure, monitor, report, verify, and reduce
greenhouse gas emissions, and to meet their responsibilities under the
Framework Convention on Climate Change;
(3) all funds requested for fiscal year 2003 by the United States
Agency for International Development to promote the measurement, monitoring,
reporting, verification, and reduction of greenhouse gas emissions reductions,
to promote the transfer and deployment of United States clean energy
technologies and carbon capture and sequestration measures, and to develop
assessments of the vulnerability to impacts of climate change and response
strategies; and
(4) all fiscal year 2002 obligations and expenditures by the United
States Agency for International Development for climate change programs and
activities by country or central program and activity.
ZIMBABWE
SEC. 557. The Secretary of the Treasury shall instruct the United
States executive director to each international financial institution to vote
against any extension by the respective institution of any loans, to the
Government of Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and certifies to the
Committees on Appropriations that the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property, freedom of speech and
association.
CENTRAL AMERICA
RELIEF AND RECONSTRUCTION
SEC. 558. Funds made available to the Comptroller General pursuant to
title I, chapter 4 of Public Law 106-31, to monitor the provision of assistance
to address the effects of hurricanes in Central America and the Caribbean and
the earthquake in Colombia, shall also be available to the Comptroller General
to monitor earthquake relief and reconstruction efforts in El Salvador.
ENTERPRISE FUND
RESTRICTIONS
SEC. 559. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in
part, the President shall submit to the Committees on Appropriations, in
accordance with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of the Enterprise
Fund.
CAMBODIA
SEC. 560. (a) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions to use
the voice and vote of the United States to oppose loans to the Central
Government of Cambodia, except loans to meet basic human needs.
(b)(1) None of the funds appropriated by this Act may be made available
for assistance for the Central Government of Cambodia unless the Secretary of
State determines and reports to the Committees on Appropriations that the
Central Government of Cambodia--
(A) is making significant progress in resolving outstanding human
rights cases, including the 1994 grenade attack against the Buddhist Liberal
Democratic Party, and the 1997 grenade attack against the Khmer Nation Party;
(B) has held local elections that are deemed free and fair by
international and local election monitors; and
(C) is making significant progress in the protection, management, and
conservation of the environment and natural resources, including in the
promulgation and enforcement of laws and policies to protect forest resources.
(2) A determination by the Secretary of State under paragraph (1) shall
cease to be effective if it becomes known to the Secretary that the Central
Government of Cambodia is no longer making significant progress under
subparagraph (A) or (C).
(3) In the event the Secretary of State makes the determination under
paragraph (1), assistance may be made available to the Central Government of
Cambodia only through the regular notification procedures of the Committees on
Appropriations.
(c) Notwithstanding subsection (b) of this section or any other
provision of law, funds appropriated by this Act may be made available for
assistance to the Government of Cambodia's Ministry of Women and Veteran's
Affairs to combat human trafficking, subject to the regular notification
procedures of the Committees on Appropriations.
FOREIGN MILITARY
TRAINING REPORT
SEC. 561. (a) The Secretary of Defense and the Secretary of State shall
jointly provide to the Congress by March 1, 2002, a report on all military
training provided to foreign military personnel (excluding sales, and excluding
training provided to the military personnel of countries belonging to the North
Atlantic Treaty Organization) under programs administered by the Department of
Defense and the Department of State during fiscal years 2001 and 2002,
including those proposed for fiscal year 2002. This report shall include, for
each such military training activity, the foreign policy justification and
purpose for the training activity, the cost of the training activity, the
number of foreign students trained and their units of operation, and the
location of the training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits to United States
forces derived from each such training activity and the United States military
units involved in each such training activity. This report may include a
classified annex if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall be deemed
to mean a report to the Appropriations and Foreign Relations Committees of the
Senate and the Appropriations and International Relations Committees of the
House of Representatives.
KOREAN PENINSULA
ENERGY DEVELOPMENT ORGANIZATION
SEC. 562. (a) Of the funds made available under the heading
`Nonproliferation, Anti-terrorism, Demining and Related Programs', not to
exceed $95,000,000 may be made available for the Korean Peninsula Energy
Development Organization (hereafter referred to in this section as `KEDO'),
notwithstanding any other provision of law, only for the administrative
expenses and heavy fuel oil costs associated with the Agreed Framework.
(b) Such funds may be made available for KEDO only if, 15 days prior to
such obligation of funds, the President certifies and so reports to Congress
that--
(1) the parties to the Agreed Framework have taken and continue to take
demonstrable steps to implement the Joint Declaration on Denuclearization of
the Korean Peninsula;
(2) North Korea is complying with all provisions of the Agreed Framework;
and
(3) the United States is continuing to make significant progress on
eliminating the North Korean ballistic missile threat, including further
missile tests and its ballistic missile exports.
(c) The President may waive the certification requirements of
subsection (b) if the President determines that it is vital to the national
security interests of the United States and provides written policy
justifications to the appropriate congressional committees. No funds may be
obligated for KEDO until 15 days after submission to Congress of such waiver.
(d) The Secretary of State shall, at the time of the annual
presentation for appropriations, submit a report providing a full and detailed
accounting of the fiscal year 2003 request for the United States contribution
to KEDO, the expected operating budget of KEDO, proposed annual costs
associated with heavy fuel oil purchases, including unpaid debt, and the amount
of funds pledged by other donor nations and organizations to support KEDO
activities on a per country basis, and other related activities.
(e) The final proviso under the heading `International Organizations
and Programs' in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (Public Law 104-107) is repealed.
COLOMBIA
SEC. 563. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding
any other provision of law, funds appropriated by this Act or prior Acts making
appropriations for foreign operations, export financing, and related programs,
may be made available for assistance for the Colombian Armed Forces only if the
Secretary of State has made the determination and certification contained in
subsection (b).
(b) DETERMINATION AND CERTIFICATION- The determination and
certification referred to in subsection (a) is a determination by the Secretary
of State and a certification to the appropriate congressional committees that--
(1) the Commander General of the Colombian Armed Forces is suspending
from the Armed Forces those members, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights, including
extra-judicial killings, or to have aided or abetted paramilitary groups, and
is providing to civilian prosecutors and judicial authorities requested
information, including the identity of the person suspended and the nature and
cause of the suspension;
(2) the Colombian Armed Forces are cooperating with civilian
prosecutors and judicial authorities (including providing unimpeded access to
witnesses and relevant military documents and other information), in
prosecuting and punishing in civilian courts those members of the Colombian
Armed Forces, of whatever rank, who have been credibly alleged to have
committed gross violations of human rights, including extra-judicial killings,
or to have aided or abetted paramilitary groups; and
(3) the Colombian Armed Forces are taking effective measures to sever
links (including by denying access to military intelligence, vehicles, and
other equipment or supplies, and ceasing other forms of active or tacit
cooperation), at the command, battalion, and brigade levels, with paramilitary
groups, and to execute outstanding arrest warrants for members of such groups.
(c) CONSULTATIVE PROCESS- Ten days prior to making the determination
and certification required by this section, and every 120 days thereafter, the
Secretary of State shall consult with internationally recognized human rights
organizations regarding progress in meeting the conditions contained in
subsection (b).
(d) REPORT- One hundred and twenty days after the enactment of this
Act, and every 120 days thereafter, the Secretary of State shall submit a
report to the Committees on Appropriations describing actions taken by the
Colombian Armed Forces to meet the requirements set forth in subparagraphs
(b)(1) through (3); and
(e) DEFINITIONS- In this section:
(1) AIDED OR ABETTED- The term `aided or abetted' means to provide any
support to paramilitary groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such groups.
(2) PARAMILITARY GROUPS- The term `paramilitary groups' means illegal
self-defense groups and illegal security cooperatives.
ILLEGAL ARMED GROUPS
SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED GROUPS-
Subject to subsection (b), the Secretary of State shall not issue a visa to any
alien who the Secretary determines, based on credible evidence--
(1) has willfully provided any support to the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army (ELN), or the United
Self-Defense Forces of Colombia (AUC), including taking actions or failing to
take actions which allow, facilitate, or otherwise foster the activities of
such groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human rights, including
extra-judicial killings, in Colombia.
(b) WAIVER- Subsection (a) shall not apply if the Secretary of State
determines and certifies to the appropriate congressional committees, on a
case-by-case basis, that the issuance of a visa to the alien is necessary to
support the peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON
ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
SEC. 565. None of the funds appropriated or otherwise made available by
this Act may be used to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting
Corporation.
IRAQ
SEC. 566. Notwithstanding any other provision of law, funds
appropriated under the heading `Economic Support Fund' may be made available
for programs benefitting the Iraqi people and to support efforts to bring about
a democratic transition in Iraq: Provided, That not more than 15 percent of the
funds may be used for administrative and representational expenses, including
expenditures for salaries, office rent and equipment: Provided further, That
not later than 60 days after the date of enactment of this Act, the Secretary
of State shall consult with the Committees on Appropriations regarding plans
for the expenditure of funds under this section: Provided further, That funds
made available under this heading are made available subject to the regular
notification procedures of the Committees on Appropriations.
WEST BANK AND GAZA
PROGRAM
SEC. 567. For fiscal year 2002, 30 days prior to the initial obligation
of funds for the bilateral West Bank and Gaza Program, the Secretary of State
shall certify to the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the United States will
have access to appropriate United States financial information in order to
review the uses of United States assistance for the Program funded under the
heading `Economic Support Fund' for the West Bank and Gaza.
INDONESIA
SEC. 568. (a) Funds appropriated by this Act under the headings
`International Military Education and Training' and `Foreign Military Financing
Program' may be made available for assistance for Indonesian Ministry of
Defense or military personnel only if the President determines and submits a
report to the appropriate congressional committees that the Government of
Indonesia and the Indonesian Armed Forces are--
(1) taking effective measures to bring to justice members of the armed
forces and militia groups against whom there is credible evidence of human
rights violations in East Timor and Indonesia, including imposing just
punishment for those involved in the murders of American citizen Carlos Caceres
and two other United Nations humanitarian workers in West Timor on September 6,
2000;
(2) taking effective measures to bring to justice members of the armed
forces against whom there is credible evidence of aiding or abetting militia
groups in East Timor and Indonesia;
(3) allowing displaced persons and refugees to return home to East
Timor, including providing safe passage for refugees returning from West Timor;
(4) not impeding the activities of the United Nations Transitional
Authority in East Timor;
(5) demonstrating a commitment to preventing incursions into East Timor
by members of militia groups in West Timor;
(6) demonstrating a commitment to accountability by cooperating with
investigations and prosecutions of members of the armed forces and militia
groups responsible for human rights violations in East Timor and Indonesia;
(7) demonstrating a commitment to civilian control of the armed forces
by reporting to civilian authorities audits of receipts and expenditures of the
armed forces;
(8) allowing United Nations and other international humanitarian and
human rights workers and observers unimpeded access to West Timor, Aceh, West
Papua, and Maluka; and
(9) releasing political detainees.
RESTRICTIONS ON
ASSISTANCE TO GOVERNMENTS DESTABILIZING SIERRA LEONE
SEC. 569. (a) None of the funds appropriated by this Act may be made
available for assistance for the government of any country for which the
Secretary of State determines there is credible evidence that such government
has provided lethal or non-lethal military support or equipment, directly or
through intermediaries, within the previous 6 months to the Sierra Leone
Revolutionary United Front (RUF), Liberian Armed Forces, or any other group
intent on destabilizing the democratically elected government of the Republic
of Sierra Leone.
(b) None of the funds appropriated by this Act may be made available
for assistance for the government of any country for which the Secretary of
State determines there is credible evidence that such government has aided or
abetted, within the previous 6 months, in the illicit distribution,
transportation, or sale of diamonds mined in Sierra Leone.
(c) None of the funds appropriated by this Act may be made available
for assistance for the government of any country for which the Secretary of
State determines there is credible evidence that such government has knowingly
facilitated the safe passage of weapons or other equipment to the RUF, Liberian
security forces, or any other group intent on destabilizing the democratically
elected government of the Republic of Sierra Leone.
(d) Whenever the prohibition on assistance required under subsection
(a), (b) or (c) is exercised, the Secretary of State shall notify the
Committees on Appropriations in a timely manner.
VOLUNTARY SEPARATION
INCENTIVES
SEC. 570. Section 579(c)(2)(D) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000, as enacted by section
1000(a)(2) of the Consolidated Appropriations Act, 2000 (Public Law 106-113),
as amended, is amended by striking `December 31, 2001' and inserting in lieu
thereof `December 31, 2002'.
AMERICAN CHURCHWOMEN
AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA
SEC. 571. (a) To the fullest extent possible information relevant to
the December 2, 1980, murders of four American churchwomen in El Salvador, and
the May 5, 2001, murder of Sister Barbara Ann Ford and the murders of six other
American citizens in Guatemala since December 1999, should be investigated and
made public.
(b) The Department of State is urged to pursue all reasonable avenues
in assuring the collection and public release of information pertaining to the
murders of the six American citizens in Guatemala.
(c) The President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess relevant
information, to expeditiously declassify and release to the victims' families
such information.
(d) In making determinations concerning declassification and release of
relevant information, all Federal agencies and departments shall presume in
favor of releasing, rather than of withholding, such information.
(e) All reasonable efforts should be taken by the American Embassy in
Guatemala to work with relevant agencies of the Guatemalan Government to
protect the safety of American citizens in Guatemala, and to assist in the
investigations of violations of human rights.
BASIC EDUCATION
ASSISTANCE FOR PAKISTAN
SEC. 572. Funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 may be made
available for assistance for basic education programs for Pakistan,
notwithstanding any provision of law that restricts assistance to foreign
countries: Provided, That such assistance is subject to the regular notification
procedures of the Committees on Appropriations.
COMMERCIAL LEASING OF
DEFENSE ARTICLES
SEC. 573. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be used to
provide financing to Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to purchase) of
defense articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those defense articles
being provided by commercial lease rather than by government-to-government sale
under such Act.
WAR CRIMINALS
SEC. 574. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance, and the
Secretary of the Treasury shall instruct the United States executive directors
to the international financial institutions to vote against any new project
involving the extension by such institutions of any financial or technical
assistance, to any country, entity, or municipality whose competent authorities
have failed, as determined by the Secretary of State, to take necessary and
significant steps to implement its international legal obligations to apprehend
and transfer to the International Criminal Tribunal for the former Yugoslavia
(the `Tribunal') all persons in their territory who have been publicly indicted
by the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to humanitarian
assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the Secretary
of State determines and reports to the appropriate congressional committees
that the competent authorities of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for investigators,
the provision of documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international financial
institution regarding the extension of financial or technical assistance or
grants to any country or entity described in subsection (a), the Secretary of
the Treasury, in consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the proposed
assistance, including an explanation of the United States position regarding
any such vote, as well as a description of the location of the proposed
assistance by municipality, its purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International Development, and
the Secretary of the Treasury shall consult with representatives of human
rights organizations and all government agencies with relevant information to
help prevent publicly indicted war criminals from benefiting from any financial
or technical assistance or grants provided to any country or entity described
in subsection (a).
(e) The Secretary of State may waive the application of subsection (a)
with respect to a specific project within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that such
assistance directly supports the implementation of the Dayton Accords, which
include the obligation to apprehend and transfer indicted war criminals to the
Tribunal and to provide all possible assistance to refugees and displaced
persons and work to facilitate their voluntary return.
(f) DEFINITIONS- As used in this section--
(1) COUNTRY- The term `country' means Bosnia and Herzegovina, Croatia
and Serbia.
(2) ENTITY- The term `entity' refers to the Federation of Bosnia and Herzegovina,
Kosovo, Montenegro and the Republika Srpska.
(3) MUNICIPALITY- The term `municipality' means a city, town or other
subdivision within a country or entity as defined herein.
(4) DAYTON ACCORDS- The term `Dayton Accords' means the General Framework
Agreement for Peace in Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
FUNDING FOR SERBIA
SEC. 575. (a) Of funds made available in this Act, up to $115,000,000
may be made available for assistance for Serbia: Provided, That none of these
funds may be made available for assistance for Serbia after March 31, 2002,
unless the President has made the determination and certification contained in
subsection (c).
(b) After March 31, 2002, the Secretary of the Treasury should instruct
the United States executive directors to the international financial
institutions to support loans and assistance to the Government of the Federal
Republic of Yugoslavia subject to the conditions in subsection (c): Provided,
That section 576 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not apply to the provision
of loans and assistance to the Federal Republic of Yugoslavia through
international financial institutions.
(c) The determination and certification referred to in subsection (a)
is a determination by the President and a certification to the Committees on
Appropriations that the Government of the Federal Republic of Yugoslavia is--
(1) cooperating with the International Criminal Tribunal for Yugoslavia
including access for investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in their apprehension;
(2) taking steps, additional to those undertaken in fiscal year 2001,
that are consistent with the Dayton Accords to end Serbian financial,
political, security and other support which has served to maintain separate
Republika Srpska institutions; and
(3) taking steps, additional to those undertaken in fiscal year 2001,
to implement policies which reflect a respect for minority rights and the rule
of law, including the release of all political prisoners from Serbian jails and
prisons.
(d) Subsections (b) and (c) shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in municipalities.
USER FEES
SEC. 576. The Secretary of the Treasury shall instruct the United
States executive directors to the international financial institutions (as
defined in section 1701(c)(2) of the International Financial Institutions Act)
and the International Monetary Fund to oppose any loan of such institutions
that would require user fees or service charges on poor people for primary
education or primary healthcare, including prevention and treatment efforts for
HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in
connection with the institutions' lending programs, and to oppose the approval
or endorsement of such user fees or service charges in connection with any
structural adjustment scheme or debt relief action, including any Poverty
Reduction Strategy Paper.
HEAVILY INDEBTED POOR
COUNTRIES TRUST FUND AUTHORIZATION
SEC. 577. Section 801(b)(1) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001 (Public Law 106-429)
is amended by striking `$435,000,000' and inserting `$600,000,000'.
FUNDING FOR PRIVATE
ORGANIZATIONS
SEC. 578. Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance authorized under part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), foreign
nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on the basis of
health or medical services including counseling and referral services, provided
by such organizations with non-United States Government funds if such services
do not violate the laws of the country in which they are being provided and
would not violate United States Federal law if provided in the United States;
and
(2) shall not be subject to requirements relating to the use of
non-United States Government funds for advocacy and lobbying activities other
than those that apply to United States nongovernmental organizations receiving
assistance under part I of such Act.
PROHIBITION ON
FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
SEC. 579. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be used to pay for the
performance of abortions as a method of family planning or to motivate or
coerce any person to practice abortions. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a method of family
planning or to coerce or provide any financial incentive to any person to
undergo sterilizations. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of, or the
performance of, abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these funds
by any such country or organization would violate any of the above provisions
related to abortions and involuntary sterilizations.
CUBA
SEC. 580. (a) AMOUNTS FOR COOPERATION WITH CUBA ON COUNTER-NARCOTICS
MATTERS- Subject to subsection (b), of the amounts appropriated or otherwise
made available by this Act, $1,500,000 shall be available for purposes of
preliminary work by the Department of State, or such other entities as the
Secretary of State may designate, to establish cooperation with appropriate
agencies of the Cuba Government on counter-narcotics matters, including matters
relating to cooperation, coordination, and mutual assistance in the
interdiction of illicit drugs being transported through Cuba airspace or over
Cuba waters.
(b) LIMITATION- The amount in subsection (a) shall not be available
under that subsection until the President certifies to Congress the following:
(1) That Cuba has in place appropriate procedures to protect against
loss of innocent life in the air and on the ground in connection with the
interdiction of illicit drugs.
(2) That there is no evidence of the involvement of the Government of
Cuba in drug trafficking.
REPORTS ON CONDITIONS
IN HONG KONG
SEC. 581. (a) Section 301 of the United States-Hong Kong Policy Act (22
U.S.C. 5731) is amended by striking `and March 31, 2000,' and inserting: `March
31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March
31, 2005, and March 31, 2006'.
(b) The requirement in section 301 of the
United States-Hong Kong Policy Act, as amended by subsection (a), that a report
under that section shall be transmitted not later than March 31, 2001, shall be
considered satisfied by the transmittal of such report by August 7, 2001.
DISABILITY ACCESS
SEC. 582. Housing that is constructed with funds appropriated by this
Act to carry out the provisions of chapter 1 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and to carry out the provisions of the
Support for East European Democracy (SEED) Act of 1989, shall to the maximum
extent feasible, be wheelchair accessible.
COMMUNITY-BASED
POLICE ASSISTANCE
SEC. 583. (a) AUTHORITY- Funds made available to carry out the
provisions of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section 660 of that Act,
to enhance the effectiveness and accountability of civilian police authority in
Jamaica through training and technical assistance in internationally recognized
human rights, the rule of law, strategic planning, and through the promotion of
civilian police roles that support democratic governance including programs to
prevent conflict and foster improved police relations with the communities they
serve.
(b) REPORT- Twelve months after the initial obligation of funds for
Jamaica for activities authorized under subsection (a), the Administrator of
the United States Agency for International Development shall submit a report to
the appropriate congressional committees describing the progress the program is
making toward improving police relations with the communities they serve and
institutionalizing an effective community-based police program.
(c) NOTIFICATION- Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
SEPTEMBER 11
DEMOCRACY AND HUMAN RIGHTS PROGRAMS
SEC. 584. Of the funds appropriated by this Act under the heading
`Economic Support Fund', not less than $15,000,000 shall be made available for
programs and activities to foster democracy, human rights, press freedoms, and
the rule of law in countries with a significant Muslim population, and where
such programs and activities would be important to United States efforts to
respond to, deter, or prevent acts of international terrorism: Provided, That
funds appropriated under this section should support new initiatives or bolster
ongoing programs and activities in those countries: Provided further, That not
less than $2,000,000 of such funds shall be made available for programs and
activities that train emerging Afghan women leaders in civil society
development and democracy building: Provided further, That not less than
$10,000,000 of such funds shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy Human Rights and Labor, Department of
State, for such activities: Provided further, That funds made available
pursuant to the authority of this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
UZBEKISTAN
SEC. 585. Not later than three months after the date of the enactment
of this Act, and six months thereafter, the Secretary of State shall submit a
report to the appropriate congressional committees describing the following:
(1) The defense articles, defense services, and financial assistance
provided by the United States to Uzbekistan during the six-month period ending
on the date of such report.
(2) The use during such period of defense articles and defense services
provided by the United States by units of the Uzbek armed forces, border
guards, Ministry of National Security, or Ministry of Internal Affairs.
(3) The extent to which any units referred to in paragraph (2) engaged
in human rights violations, or violations of international law, during such
period.
HUMANITARIAN
ASSISTANCE FOR AFGHANISTAN
SEC. 586. It is the sense of the Senate that--
(1) Afghanistan's neighbors should reopen their borders to allow for
the safe passage of refugees, and the international community must be prepared
to contribute to the economic costs incurred by the flight of desperate Afghan
civilians;
(2) as the United States engages in military action in Afghanistan, it
must work to deliver assistance, particularly through overland truck convoys,
and safe humanitarian access to affected populations, in partnership with
humanitarian agencies in quantities sufficient to alleviate a large scale
humanitarian catastrophe; and
(3) the United States should contribute to efforts by the international
community to provide long-term, sustainable reconstruction and development
assistance for the people of Afghanistan, including efforts to protect the
basic human rights of women and children.
AUTHORIZATIONS
SEC. 587. The Secretary of the Treasury may, to fulfill commitments of
the United States, contribute on behalf of the United States to the seventh
replenishment of the resources of the Asian Development Fund, a special fund of
the Asian Development Bank, and to the fifth replenishment of the resources of
the International Fund for Agricultural Development. The following amounts are
authorized to be appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $412,000,000 for the Asian Development Fund and
$30,000,000 for the International Fund for Agricultural Development.
DISCRIMINATION
AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FEDERATION
SEC. 588. None of the funds appropriated or otherwise made available by
this Act may be made available for the Government of the Russian Federation
after the date that is 180 days after the date of the enactment of this Act,
unless the President determines and certifies in writing to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on International Relations of the
House of Representatives that the Government of the Russian Federation has not
implemented any statute, executive order, regulation, or other similar
government action that would discriminate, or would have as its principal
effect discrimination, against religious groups or religious communities in the
Russian Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a party.
SENSE OF THE SENATE
REGARDING THE IMPORTANT ROLE OF WOMEN IN THE FUTURE RECONSTRUCTION OF
AFGHANISTAN
SEC. 589. (a) FINDINGS- The Senate finds that:
(1) Prior to the rise of the Taliban in 1996, women throughout
Afghanistan enjoyed greater freedoms, comprising 70 percent of school teachers,
50 percent of civilian government workers, and 40 percent of doctors in Kabul.
(2) In Taliban-controlled areas of Afghanistan, women have been
banished from the work force, schools have been closed to girls and women
expelled from universities, women have been prohibited from leaving their homes
unless accompanied by a close male relative, and publicly visible windows of
women's houses have been ordered to be painted black.
(3) In Taliban-controlled areas of Afghanistan, women have been forced
to wear the burqa (or chadari)--which completely shrouds the body, leaving only
a small mesh-covered opening through which to see.
(4) In Taliban-controlled areas of Afghanistan, women and girls have
been prohibited from being examined by male physicians while at the same time,
most female doctors and nurses have been prohibited from working.
(5) In Taliban-controlled areas of Afghanistan, women have been
brutally beaten, publicly flogged, and killed for violating Taliban decrees.
(6) The United States and the United Nations have never recognized the
Taliban as the legitimate government of Afghanistan, in part, because of their
horrific treatment of women and girls.
(7) Afghan women and children now make up 75 percent of the millions of
Afghan refugees living in neighboring countries in substandard conditions with
little food and virtually no clean water or sanitation.
(b) SENSE OF THE SENATE- It is the sense of the Senate that:
(1) Afghan women organizations must be included in planning the future
reconstruction of Afghanistan.
(2) Future governments in Afghanistan should work to achieve the following
goals:
(A) The effective participation of women in all civil, economic, and
social life.
(B) The right of women to work.
(C) The right of women and girls to an education without discrimination
and the reopening of schools to women and girls at all levels of education.
(D) The freedom of movement of women and girls.
(E) Equal access of women and girls to health facilities.
SENSE OF THE SENATE
CONDEMNING SUICIDE BOMBINGS AS A TERRORIST ACT
SEC. 590. (a) FINDINGS- The Senate finds that:
(1) Suicide bombings have killed and injured countless people
throughout the world.
(2) Suicide bombings and the resulting death and injury demean the
importance of human life.
(3) There are no circumstances under which suicide bombings can be
justified, including considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
(4) Religious leaders, including the highest Muslim authority in Saudi
Arabia, the Grand Mufti, have spoken out against suicide bombings.
(b) SENSE OF THE SENATE- It is the sense of the Senate that--
(1) Suicide bombings are a horrific form of terrorism that must be
universally condemned.
(2) The United Nations should specifically condemn all suicide bombings
by resolution.
RESTRICTION ON
FUNDING FOR CAMBODIAN GENOCIDE TRIBUNAL
SEC. 591. None of the funds appropriated or otherwise made available by
this Act may be used to provide equipment, technical support, consulting
services, or any other form of assistance to any tribunal established by the
Government of Cambodia pursuant to a memorandum of understanding with the
United Nations unless the President determines and certifies to Congress that
the tribunal is capable of delivering justice for crimes against humanity and
genocide in an impartial and credible manner.
EXCESS DEFENSE
ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUNTRIES AND CERTAIN OTHER
COUNTRIES
SEC. 592. Notwithstanding section 516(e) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2002 and 2003,
funds available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles transferred
under the authority of section 516 of such Act to Albania, Bulgaria, Croatia,
Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: Provided, That
section 105 of Public Law 104-164 is amended by striking `2000 and 2001' and
inserting `2002 and 2003'.
INCREASED PEACE CORPS
PRESENCE IN MUSLIM COUNTRIES
SEC. 593.(a) FINDINGS- Congress makes the following findings:
(1) In the aftermath of the terrorist attacks of September 11, 2001, it
is more important than ever to foster peaceful relationships with citizens of
predominantly Muslim countries.
(2) One way to foster understanding between citizens of predominantly
Muslim countries and the United States is to send United States citizens to
work with citizens of Muslim countries on constructive projects in their home
countries.
(3) The Peace Corps mission as stated by Congress in the Peace Corps
Act is to promote world peace and friendship.
(4) Within that mission, the Peace Corps has three goals:
(A) To assist the people of interested countries in meeting the need of
those countries for trained men and women.
(B) To assist in promoting a better understanding of Americans on the
part of the peoples served.
(C) To assist in promoting a better understanding of other peoples on
the part of Americans.
(5) The Peace Corps has had significant success in meeting these goals
in the countries in which the Peace Corps operates, and has already established
mechanisms to put volunteers in place and sustain them abroad.
(6) The Peace Corps currently operates in very few predominantly Muslim
countries.
(7) An increased number of Peace Corps volunteers in Muslim countries
would assist in promoting peace and understanding between Americans and Muslims
abroad.
(b) STUDY- The Director of the Peace Corps shall undertake a study to
determine--
(1) the feasibility of increasing the number of Peace Corps volunteers
in countries that have a majority Muslim population;
(2) the manner in which the Peace Corps may target the recruitment of
Peace Corps volunteers from among United States citizens who have an interest
in those countries or who speak Arabic;
(3) appropriate mechanisms to ensure the safety of Peace Corps
volunteers in countries that have a majority Muslim population; and
(4) the estimated increase in funding that will be necessary for the
Peace Corps to implement any recommendation resulting from the study of the
matters described in paragraphs (1) through (3).
(c) REPORT- Not later than 6 months after the date of enactment of this
Act, the Director of the Peace Corps shall submit to the appropriate
congressional committees a report containing the findings of the study
conducted under subsection (b).
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this section, the
term `appropriate congressional committees' means the Committee on Foreign
Relations of the Senate and the Committee on International Relations of the
House of Representatives.
MACHINE READABLE
PASSPORTS.
SEC. 594. (a) AUDITS- The Secretary of State shall--
(1) perform annual audits of the implementation of section 217(c)(2)(B)
of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation of precautionary measures to prevent
the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa waiver program
have established a program to develop tamper-resistant passports.
(b) PERIODIC REPORTS- Beginning one year after the date of enactment of
this Act, and every year thereafter, the Secretary of State shall submit a
report to Congress setting forth the findings of the most recent audit
conducted under subsection (a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIREMENT- Section
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is
amended by striking `2007' and inserting `2003'.
(d) WAIVER- Section 217(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(3)) is amended--
(1) by striking `On or after' and inserting the following:
`(A) IN GENERAL- Except as provided in subparagraph (B), on or after';
and
(2) by adding at the end the following:
`(B) LIMITED WAIVER AUTHORITY- During the period beginning October 1,
2003, and ending September 30, 2007, the Secretary of State may waive the
requirement of subparagraph (A) with respect to nationals of a program country
(as designated under subsection (c)), if the Secretary of State finds that the
program country--
`(i) is making progress toward ensuring that passports meeting the
requirement of subparagraph (A) are generally available to its nationals; and
`(ii) has taken appropriate measures to protect against misuse of
passports the country has issued that do not meet the requirement of
subparagraph (A).'.
SUDAN
SEC. 595. (a) FINDINGS REGARDING THE NEED FOR HUMANITARIAN ASSISTANCE-
The Senate makes the following findings:
(1) The war in Sudan has cost more than 2,000,000 lives and has
displaced more than 4,000,000 people.
(2) The victims of this 18-year war are not confined to one ethnic
group or religion as moderate Moslems in eastern and western Sudan suffer
greatly, as do Christians and animists in southern Sudan.
(3) Humanitarian assistance to the Sudanese is a cornerstone of United
States foreign assistance policy and efforts to end the war in Sudan.
(4) The United States Government has been the largest single provider
of humanitarian assistance to the Sudanese people, providing $1,200,000,000 in
humanitarian assistance to war victims during the past 10 years, including
$161,400,000 during fiscal year 2000 alone.
(5) Continued strengthening of United States assistance efforts and
international humanitarian relief operations in Sudan are essential to bringing
an end to the war.
(b) FINDINGS REGARDING THE NIF GOVERNMENT- In addition to the findings
under subsection (a), the Senate makes the following findings:
(1) The people of the United States will not abandon the people of
Sudan, who have suffered under the National Islamic Front (NIF) government.
(2) For more than a decade, the NIF government has provided safe haven
for well-known terrorist organizations, including to Osama bin Laden's al-Qaeda
and the Egyptian Islamic Jihad.
(3) The NIF government has been engaged, and continues to engage, in
gross human rights violations against the civilian population of Sudan,
including the enslavement of women and children, the bombardment of civilian
targets, and the scorched-earth destruction of villages in the oil fields of
Sudan.
(c) SENSE OF THE SENATE- In recognition of the sustained struggle for
self-determination and dignity by the Sudanese people, as embodied in the
Inter-Governmental Authority on Development (IGAD) Declaration of Principles,
and the statement adopted by the United States Commission on International
Religious Freedom on October 2, 2001, it is the sense of the Senate that--
(1) the National Islamic Front (NIF) government of Sudan should--
(A) establish an internationally supervised trust fund that will manage
and equitably disburse oil revenues;
(B) remove all bans on relief flights and provide unfettered access to
all affected areas, including the Nuba Mountains;
(C) end slavery and punish those responsible for this crime against
humanity;
(D) end civilian bombing and the destruction of communities in the oil
fields;
(E) honor the universally recognized right of religious freedom,
including freedom from coercive religious conversions;
(F) seriously engage in an internationally sanctioned peace process
based on the already adopted Declaration of Principles; and
(G) commit to a viable cease-fire agreement based on a comprehensive
settlement of the political problems; and
(2) the President should continue to provide generous levels of
humanitarian, development, and other assistance in war-affected areas of Sudan,
and to refugees in neighboring countries, with an increased emphasis on
moderate Moslem populations who have been brutalized by the Sudanese government
throughout the 18-year conflict.
MODIFICATION TO THE
ANNUAL DRUG CERTIFICATION PROCEDURES WITH RESPECT TO COUNTRIES IN THE WESTERN
HEMISPHERE
SEC. 596. During fiscal year 2002 funds in this Act that would
otherwise be withheld from obligation or expenditure under section 490 of the
Foreign Assistance Act of 1961 with respect to countries in the Western
Hemisphere may be obligated or expended provided that:
(1) REPORT- Not later than November 30, 2001 the President has
submitted to the appropriate congressional committees a report identifying each
country in the Western Hemisphere determined by the President to be a major
drug-transit country or major illicit drug producing country.
(2) DESIGNATION AND JUSTIFICATION- In each report under paragraph (1),
the President shall also--
(A) designate each country, if any, identified in such report that has
failed demonstrably, during the previous 12 months, to make substantial
efforts--
(i) to adhere to its obligations under international counternarcotics
agreements; and
(ii) to take the counternarcotics measures set forth in section
489(a)(1) of the Foreign Assistance Act of 1961; and
(B) include a justification for each country so designated.
(3) LIMITATION ON ASSISTANCE FOR DESIGNATED COUNTRIES- In the case of a
country identified in a report for fiscal year 2002 under paragraph (1) that is
also designated under paragraph (2) in the report, United States assistance may
be provided under this Act to such country in fiscal year 2002 only if the
President determines and reports to the appropriate congressional committees
that--
(A) provision of such assistance to the country in such fiscal year is
vital to the national interests of the United States; or
(B) commencing at any time after November 30, 2001, the country has
made substantial efforts--
(i) to adhere to its obligations under international counternarcotics
agreements; and
(ii) to take the counternarcotics measures set forth in section
489(a)(1) of the Foreign Assistance Act of 1961.
(4) INTERNATIONAL COUNTERNARCOTICS AGREEMENT DEFINED- In this section,
the term `international counternarcotics agreement' means--
(A) the United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force between the United
States and another country or countries that addresses issues relating to the
control of illicit drugs, such as--
(i) the production, distribution, and interdiction of illicit drugs,
(ii) demand reduction,
(iii) the activities of criminal organizations,
(iv) international legal cooperation among courts, prosecutors, and law
enforcement agencies (including the exchange of information and evidence),
(v) the extradition of nationals and individuals involved in
drug-related criminal activity,
(vi) the temporary transfer for prosecution of nationals and
individuals involved in drug-related criminal activity,
(vii) border security,
(viii) money laundering,
(ix) illicit firearms trafficking,
(x) corruption,
(xi) control of precursor chemicals,
(xii) asset forfeiture, and
(xiii) related training and technical assistance;
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by participating countries
with respect to such issues.
(5) APPLICATION- Section 490 (b)-(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291j) shall not apply during fiscal year 2002 with respect to
any country in the Western Hemisphere identified in paragraph (1) of this
section.
(6) STATUTORY CONSTRUCTION- Nothing in this section supersedes or
modifies the requirement in section 489(a) of the Foreign Assistance Act of
1961 (with respect to the International Control Strategy Report) for the
transmittal of a report not later than March 1, 2002 under that section.-
(7) SENSE OF CONGRESS ON ENHANCED INTERNATIONAL NARCOTICS CONTROL- It
is the sense of Congress that--
(A) many governments are extremely concerned by the national security
threat posed by illicit drug production, distribution, and consumption, and
crimes related thereto, particularly those in the Western Hemisphere;
(B) an enhanced multilateral strategy should be developed among drug
producing, transit, and consuming nations designed to improve cooperation with
respect to the investigation and prosecution of drug related crimes, and to
make available information on effective drug education and drug treatment;
(C) the United States should at the earliest feasible date convene a
conference of representatives of major illicit drug producing countries, major
drug transit countries, and major money laundering countries to present and
review country by country drug reduction and prevention strategies relevant to
the specific circumstances of each country, and agree to a program and
timetable for implementation of such strategies; and
(D) not later than one year after the date of the enactment of this
Act, the President should transmit to Congress any legislation necessary to
implement a proposed multilateral strategy to achieve the goals referred to in
subparagraph (B), including any amendments to existing law that may be required
to implement that strategy.
CENTRAL AMERICA
DISASTER RELIEF
SEC. 597. Of the funds appropriated under the headings `International
Disaster Assistance', `Development Assistance', and `Economic Support Fund',
not less than $35,000,000 should be made available for relief and
reconstruction assistance for victims of earthquakes and drought in El Salvador
and elsewhere in Central America.
PROJECTS HONORING
VICTIMS OF TERRORIST ATTACKS
SEC. 598. The National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) is amended by inserting before title V the following:
`TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS
`(a) DEFINITION- In this section, the term `Foundation' means the
Points of Light Foundation funded under section 301, or another nonprofit
private organization, that enters into an agreement with the Corporation to
carry out this section.
`(b) IDENTIFICATION OF PROJECTS-
`(1) ESTIMATED NUMBER- Not later than December 1, 2001, the Foundation,
after obtaining the guidance of the heads of appropriate Federal agencies, such
as the Director of the Office of Homeland Security and the Attorney General,
shall--
`(A) make an estimate of the number of victims killed as a result of
the terrorist attacks on September 11, 2001 (referred to in this section as the
`estimated number'); and
`(B) compile a list that specifies, for each individual that the
Foundation determines to be such a victim, the name of the victim and the State
in which the victim resided.
`(2) IDENTIFIED PROJECTS- The Foundation shall identify approximately
the estimated number of community-based national and community service projects
that meet the requirements of subsection (d). The Foundation shall name each identified
project in honor of a victim described in subsection (b)(1)(A), after obtaining
the permission of an appropriate member of the victim's family and the entity
carrying out the project.
(c) ELIGIBLE ENTITIES- To be eligible to have a project named under
this section, the entity carrying out the project shall be a political
subdivision of a State, a business, or a nonprofit organization (which may be a
religious organization, such as a Christian, Jewish, or Muslim organization).
`(d) PROJECTS- The Foundation shall name, under this section,
projects--
`(1) that advance the goals of unity, and improving the quality of life
in communities; and
`(2) that will be planned, or for which implementation will begin,
within a reasonable period after the date of enactment of this section, as
determined by the Foundation.
`(e) WEBSITE AND DATABASE- The Foundation shall create and maintain
websites and databases, to describe projects named under this section and serve
as appropriate vehicles for recognizing the projects.'.
WAIVER OF RESTRICTION
ON ASSISTANCE TO AZERBAIJAN
SEC. 599. (a) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under title V of the
FREEDOM Support Act and section 1424 of Public Law 104-201 or nonproliferation
assistance;
(2) any assistance provided by the Trade and Development Agency under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United States and
Foreign Commercial Service while acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other assistance provided
by the Overseas Private Investment Corporation under title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act of 1945; or
(6) humanitarian assistance.
(b) The President may waive section 907 of the FREEDOM Support Act if
he determines and certifies to the Committees on Appropriations that to do so--
(1) is necessary to support United States efforts to counter terrorism;
or
(2) is necessary to support the operational readiness of United States
Armed Forces or coalition partners to counter terrorism; or
(3) is important to Azerbaijan's border security; and
(4) will not undermine or hamper ongoing efforts to negotiate a
peaceful settlement between Armenia and Azerbaijan or be used for offensive
purposes against Armenia.
(c) The authority of subsection (b) may only be exercised through
December 31, 2002.
(d) The President may extend the waiver authority provided in
subsection (b) on an annual basis on or after December 31, 2002 if he
determines and certifies to the Committees on Appropriations in accordance with
the provisions of subsection (b).
(e) The Committees on Appropriations shall be consulted prior to the
provision of any assistance made available pursuant to subsection (b).
(f) Within 60 days of any exercise of the authority under subsection
(b) the President shall send a report to the appropriate congressional
committees specifying in detail the following--
(1) the nature and quantity of all training and assistance provided to
the Government of Azerbaijan pursuant to subsection (b);
(2) the status of the military balance between Azerbaijan and Armenia
and the impact of United States assistance on that balance; and
(3) the status of negotiations for a peaceful settlement between
Armenia and Azerbaijan and the impact of United States assistance on those
negotiations.
FEDERAL INVESTIGATION
ENHANCEMENT ACT OF 2001
SEC. 599A. (a) SHORT TITLE- This section may be cited as the `Federal
Investigation Enhancement Act of 2001'.
(b) UNDERCOVER INVESTIGATIVE PRACTICES CONDUCTED BY FEDERAL ATTORNEYS- Section
530B(a) of title 28, United States Code, is amended by inserting after the
first sentence, `Notwithstanding any provision of State law, including
disciplinary rules, statutes, regulations, constitutional provisions, or case
law, a Government attorney may, for the purpose of enforcing Federal law,
provide legal advice, authorization, concurrence, direction, or supervision on
conducting undercover activities, and any attorney employed as an investigator
or other law enforcement agent by the Department of Justice who is not
authorized to represent the United States in criminal or civil law enforcement
litigation or to supervise such proceedings may participate in such activities,
even though such activities may require the use of deceit or misrepresentation,
where such activities are consistent with Federal law.'.
KENNETH M. LUDDEN
SEC. 599B. This Act shall be cited as the Kenneth M. Ludden Foreign
Operations, Export Financing, and Related Programs Appropriations Act, Fiscal
Year 2002.
This Act may be cited as the `Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002'.
Passed the House of Representatives
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate
Attest:
JERI THOMSON,
Secretary.
END