HR 2506 RS
Rule
Received; read twice and referred to the Committee on Appropriations
Reported by Mr. LEAHY, with an amendment
That the following sums are appropriated, out of
any money in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely: [<-Struck
out]
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
[<-Struck out]
EXPORT-IMPORT BANK OF THE UNITED STATES
[<-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]
SUBSIDY APPROPRIATION [<-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]
ADMINISTRATIVE EXPENSES [<-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]
OVERSEAS PRIVATE INVESTMENT CORPORATION
[<-Struck out]
NONCREDIT ACCOUNT [<-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]
PROGRAM ACCOUNT [<-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]
Funds Appropriated to the President
[<-Struck out]
TRADE AND DEVELOPMENT AGENCY [<-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 September 30, 2003. [<-Struck out]
TITLE II--BILATERAL ECONOMIC ASSISTANCE
[<-Struck out]
Funds Appropriated to the President
[<-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]
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
[<-Struck out]
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
[<-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]
DEVELOPMENT ASSISTANCE [<-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]
INTERNATIONAL DISASTER ASSISTANCE
[<-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]
TRANSITION INITIATIVES [<-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]
DEVELOPMENT CREDIT AUTHORITY [<-Struck
out]
(INCLUDING TRANSFER OF FUNDS) [<-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]
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND [<-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]
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT [<-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]
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL [<-Struck
out]
For necessary expenses to carry out the provisions
of section 667, $30,000,000, 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. [<-Struck
out]
Other Bilateral Economic Assistance
[<-Struck out]
ECONOMIC SUPPORT FUND [<-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]
INTERNATIONAL FUND FOR IRELAND [<-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]
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
[<-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]
(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. [<-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]
(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]
(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]
(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]
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION [<-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]
(b) Of the funds appropriated under this heading,
not to exceed $125,000,000 may be made available for assistance for Ukraine.
[<-Struck out]
(c) Of the funds appropriated under this title,
not less than $82,500,000 should be made available for assistance for Georgia.
[<-Struck out]
(d) Of the funds appropriated under this title,
not less than $82,500,000 should be made available for assistance for Armenia.
[<-Struck out]
(e) Section 907 of the FREEDOM Support Act shall
not apply to-- [<-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]
(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]
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while acting within his or her
official capacity; [<-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]
(5) any financing provided under the
Export-Import Bank Act of 1945; or [<-Struck out]
(6) humanitarian assistance. [<-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]
(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]
(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]
(B) is providing full access to international
non-government organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya. [<-Struck out]
(2) Paragraph (1) shall not apply to--
[<-Struck out]
(A) assistance to combat infectious diseases or
assistance for victims of trafficking in persons; and [<-Struck
out]
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and Activities) of the FREEDOM
Support Act. [<-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]
Independent Agencies [<-Struck out]
INTER-AMERICAN FOUNDATION [<-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]
AFRICAN DEVELOPMENT FOUNDATION [<-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]
PEACE CORPS [<-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]
Department of State [<-Struck out]
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[<-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]
ANDEAN COUNTERDRUG INITIATIVE [<-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]
MIGRATION AND REFUGEE ASSISTANCE [<-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]
UNITED STATES EMERGENCY REFUGEE AND MIGRATION
ASSISTANCE FUND [<-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]
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS [<-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]
Department of the Treasury [<-Struck
out]
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
[<-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]
DEBT RESTRUCTURING [<-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]
(1) the Inter-American Development Bank;
[<-Struck out]
(2) the African Development Fund;
[<-Struck out]
(3) the African Development Bank; and
[<-Struck out]
(4) the Central American Bank for Economic
Integration: [<-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]
(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]
(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]
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]
TITLE III--MILITARY ASSISTANCE [<-Struck
out]
Funds Appropriated to the President
[<-Struck out]
INTERNATIONAL MILITARY EDUCATION AND TRAINING
[<-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]
FOREIGN MILITARY FINANCING PROGRAM
[<-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]
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]
PEACEKEEPING OPERATIONS [<-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]
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
[<-Struck out]
FUNDS APPROPRIATED TO THE PRESIDENT
[<-Struck out]
INTERNATIONAL FINANCIAL INSTITUTIONS
[<-Struck out]
GLOBAL ENVIRONMENT FACILITY [<-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]
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
ASSOCIATION [<-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]
CONTRIBUTION TO THE MULTILATERAL INVESTMENT
GUARANTEE AGENCY [<-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]
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
[<-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]
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT
CORPORATION [<-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]
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
[<-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]
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
[<-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]
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
[<-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]
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
[<-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]
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION
AND DEVELOPMENT [<-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]
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
[<-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]
contribution to the international fund for
agricultural development [<-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]
international organizations and programs
[<-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]
TITLE V--GENERAL PROVISIONS [<-Struck
out]
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
[<-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]
PRIVATE AND VOLUNTARY ORGANIZATIONS
[<-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]
(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]
LIMITATION ON RESIDENCE EXPENSES [<-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]
LIMITATION ON EXPENSES [<-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]
LIMITATION ON REPRESENTATIONAL ALLOWANCES
[<-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]
PROHIBITION ON FINANCING NUCLEAR GOODS
[<-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]
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES [<-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]
MILITARY COUPS [<-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]
TRANSFERS BETWEEN ACCOUNTS [<-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]
DEOBLIGATION/REOBLIGATION AUTHORITY
[<-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]
AVAILABILITY OF FUNDS [<-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]
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
[<-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]
COMMERCE AND TRADE [<-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]
(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]
(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]
(2) research activities intended primarily to
benefit American producers. [<-Struck out]
SURPLUS COMMODITIES [<-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]
NOTIFICATION REQUIREMENTS [<-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]
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS [<-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]
INDEPENDENT STATES OF THE FORMER SOVIET UNION
[<-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]
(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]
(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]
Assistance may be furnished without regard to this
subsection if the President determines that to do so is in the national
interest. [<-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]
(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]
(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]
(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]
(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]
(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]
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION [<-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]
EXPORT FINANCING TRANSFER AUTHORITIES
[<-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]
SPECIAL NOTIFICATION REQUIREMENTS
[<-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]
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
[<-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]
CHILD SURVIVAL AND DISEASE PREVENTION ACTIVITIES
[<-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]
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN
COUNTRIES [<-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]
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
[<-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]
AUTHORIZATION REQUIREMENT [<-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]
DEMOCRACY PROGRAMS [<-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]
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES [<-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]
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of international terrorism;
or [<-Struck out]
(2) otherwise supports international terrorism.
[<-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]
DEBT-FOR-DEVELOPMENT [<-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]
SEPARATE ACCOUNTS [<-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]
(A) require that local currencies be deposited
in a separate account established by that government; [<-Struck
out]
(B) enter into an agreement with that government
which sets forth-- [<-Struck out]
(i) the amount of the local currencies to be
generated; and [<-Struck out]
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with this section; and
[<-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]
(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]
(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]
(i) project and sector assistance activities;
or [<-Struck out]
(ii) debt and deficit financing; or
[<-Struck out]
(B) for the administrative requirements of the
United States Government. [<-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]
(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]
(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]
(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]
(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]
(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]
(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]
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS
TO INTERNATIONAL FINANCIAL INSTITUTIONS [<-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]
(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]
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ [<-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]
(1) such assistance is in the national interest
of the United States; [<-Struck out]
(2) such assistance will directly benefit the
needy people in that country; or [<-Struck out]
(3) the assistance to be provided will be
humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.
[<-Struck out]
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION [<-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]
IMPACT ON JOBS IN THE UNITED STATES
[<-Struck out]
SEC. 533. None of the funds appropriated by this
Act may be obligated or expended to provide-- [<-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]
(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]
SPECIAL AUTHORITIES [<-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]
(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]
(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]
(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]
(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]
(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]
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF
ISRAEL AND NORMALIZING RELATIONS WITH ISRAEL [<-Struck out]
SEC. 535. It is the sense of the Congress that--
[<-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]
(2) the decision by the Arab League in 1997 to
reinstate the boycott against Israel was deeply troubling and disappointing;
[<-Struck out]
(3) the fact that only three Arab countries
maintain full diplomatic relations with Israel is also of deep concern;
[<-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]
(5) the President should-- [<-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]
(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]
(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]
(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]
ADMINISTRATION OF JUSTICE ACTIVITIES
[<-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]
ELIGIBILITY FOR ASSISTANCE [<-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]
(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]
(c) EXCEPTION- This section shall not apply--
[<-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]
(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]
EARMARKS [<-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]
(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]
PROHIBITION ON PUBLICITY OR PROPAGANDA
[<-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]
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
[<-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]
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
[<-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]
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
[<-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]
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS
THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM [<-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]
(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]
(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]
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY
FOREIGN COUNTRIES [<-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]
(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]
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST
BANK AND GAZA [<-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]
WAR CRIMES TRIBUNALS DRAWDOWN [<-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]
LANDMINES [<-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]
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
[<-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]
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
[<-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]
(1) alcoholic beverages; or [<-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]
SPECIAL DEBT RELIEF FOR THE POOREST
[<-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]
(1) guarantees issued under sections 221 and 222
of the Foreign Assistance Act of 1961; [<-Struck out]
(2) credits extended or guarantees issued under
the Arms Export Control Act; or [<-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]
(b) LIMITATIONS- [<-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]
(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]
(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]
(c) CONDITIONS- The authority provided by
subsection (a) may be exercised only with respect to a country whose
government-- [<-Struck out]
(1) does not have an excessive level of military
expenditures; [<-Struck out]
(2) has not repeatedly provided support for acts
of international terrorism; [<-Struck out]
(3) is not failing to cooperate on international
narcotics control matters; [<-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]
(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]
(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]
(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]
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
[<-Struck out]
SEC. 551. (a) LOANS ELIGIBLE FOR SALE, REDUCTION,
OR CANCELLATION- [<-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]
(A) debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps; or
[<-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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED
NATIONS AGENCIES [<-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]
(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]
(c) DEFINITIONS- As used in this section the term
`United States person' refers to-- [<-Struck out]
(1) a natural person who is a citizen or
national of the United States; or [<-Struck out]
(2) a corporation, partnership, or other legal
entity organized under the United States or any State, territory,
possession, or district of the United States. [<-Struck out]
HAITI COAST GUARD [<-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]
LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY [<-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]
(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. [<-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]
LIMITATION ON ASSISTANCE TO SECURITY FORCES
[<-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]
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN
THE RUSSIAN FEDERATION [<-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]
ASSISTANCE FOR THE MIDDLE EAST [<-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]
ENTERPRISE FUND RESTRICTIONS [<-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]
CAMBODIA [<-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]
(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]
FOREIGN MILITARY TRAINING REPORT [<-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]
(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]
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
[<-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]
(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]
(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]
(2) North Korea is complying with all provisions
of the Agreed Framework; and [<-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]
(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]
(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]
(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]
PLO COMPLIANCE REPORT [<-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]
(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]
(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]
(3) United States assistance (except
humanitarian assistance) shall not be provided for the West Bank and Gaza
Program. [<-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]
(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]
(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]
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION [<-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]
IRAQ [<-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]
WEST BANK AND GAZA PROGRAM [<-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]
INDONESIA [<-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]
(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]
(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]
(3) allowing displaced persons and refugees to
return home to East Timor, including providing safe passage for refugees
returning from West Timor; [<-Struck out]
(4) not impeding the activities of the United
Nations Transitional Authority in East Timor; [<-Struck out]
(5) demonstrating a commitment to preventing
incursions into East Timor by members of militia groups in West Timor; and
[<-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]
MAN AND THE BIOSPHERE [<-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]
TAIWAN REPORTING REQUIREMENT [<-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]
(1) Taiwan's requests for purchase of defense
articles and defense services during the pending round of arms talks;
[<-Struck out]
(2) the Administration's assessment of the
legitimate defense needs of Taiwan, in light of Taiwan's requests; and
[<-Struck out]
(3) the decision-making process used by the
Executive branch to consider those requests. [<-Struck out]
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS
DESTABILIZING SIERRA LEONE [<-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]
(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]
(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]
VOLUNTARY SEPARATION INCENTIVES [<-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]
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
[<-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]
(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]
(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]
(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]
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other sums; and
[<-Struck out]
(3) the UNFPA does not fund abortions.
[<-Struck out]
(d) REPORT TO THE CONGRESS AND WITHHOLDING OF
FUNDS- [<-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]
(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]
AMERICAN CHURCHWOMEN IN EL SALVADOR
[<-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]
(b) The Secretary of State and the Department of
State are to be commended for fully releasing information regarding the
murders. [<-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]
(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]
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
[<-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]
(1) implementing procedures for conducting
annual audits by qualified independent auditors for all new investment
lending; [<-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]
(3) taking steps to establish an independent
fraud and corruption investigative organization or office;
[<-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]
(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]
(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]
(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]
COMMERCIAL LEASING OF DEFENSE ARTICLES
[<-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]
WAR CRIMINALS [<-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]
(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]
(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]
(2) taking steps that are consistent with the
Dayton Accords. [<-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]
USER FEES [<-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]
BASIC EDUCATION ASSISTANCE FOR PAKISTAN
[<-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]
HEAVILY INDEBTED POOR COUNTRIES TRUST FUND
AUTHORIZATION [<-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]
FUNDING FOR SERBIA [<-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]
(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]
(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]
(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]
(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]
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of law.
[<-Struck out]
(d) Subsections (b) and (c) shall not apply to
Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy
in municipalities. [<-Struck out]
IMPROVING GLOBAL HEALTH THROUGH SAFE INJECTIONS
[<-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]
(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]
EL SALVADOR RECONSTRUCTION [<-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]
PROHIBITION ON UNITED STATES CONTRIBUTION TO THE
UNITED NATIONS INTERNATIONAL NARCOTICS CONTROL BOARD [<-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]
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]
FUNDING FOR TRAFFICKING VICTIMS PROTECTION ACT OF
2000 [<-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]
(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]
(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]
(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]
This Act may be cited as the `Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002'.
[<-Struck out]
Calendar No. 147
Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2002, and for other purposes.
END