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For an additional amount for ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for emergency expenses for activities related to preventing or responding to international terrorism, $93,000,000, to remain available until March 31, 2003: Provided, That of the funds appropriated by this paragraph, not less
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MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing Program'' for emergency expenses for activities related to preventing or responding to international terrorism, $347,500,000, to remain available until March 31, 2003: Provided, That funds appropriated by this paragraph may be made available for assistance only for Afghanistan, Pakistan, Nepal, Jordan, Bahrain, Oman, Yemen, Uzbekistan, the Kyrgyz Republic, Tajikistan, Kazakhstan, Turkey, Georgia, the Philippines, Colombia, Djibouti, Ethiopia, Kenya, and Ecuador: Provided further, That funds appropriated by this paragraph should be made available to establish, train, and equip a Colombian Army brigade dedicated to providing security to civilian prosecutors in operations to collect evidence and execute arrest warrants against leaders of paramilitary organizations: Provided further, That of the funds appropriated by this paragraph, not to exceed $3,500,000 may be made available for assistance for the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That prior to the obligation of funds under the previous proviso, the Secretary of State shall determine and report to the Committee on Appropriations that (i) of the Government of Colombia's oil revenues from the Cano Limon pipeline, an appropriate percentage will be made available for primary health care, basic education , microenterprise, and other programs and activities to improve the lives of the people of Arauca department and that a transparent mechanism exists to effectively monitor such funds, and (ii) Occidental Petroleum and Repsol have each agreed in writing to refund to the United States Government an amount, based upon each company's financial interest in the pipeline, equal to the percentage that each such share represents of the amount of funds made available by this Act to the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That the amounts refunded pursuant to an agreement entered into pursuant to the previous proviso shall be made available for any of the programs and activities identified in clause (i) to improve the lives of the Colombian people without further appropriation by Congress: Provided further, That funds made available by this Act for assistance for Uzbekistan may be made available if the Secretary of State determines and reports to the Committees on Appropriations that Uzbekistan is making substantial and continuing progress in meeting its commitments under the ``Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America'': Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated by this paragraph that are made available for Afghanistan may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations'' for emergency expenses for activities related to preventing or responding to international terrorism, $20,000,000, to remain available until March 31, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated by this paragraph shall be available only for Afghanistan, and may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
(RESCISSION)
The unobligated balances of funds provided in Public Law 92-301 and Public Law 93-142 for maintenance of value payments to international financial institutions are rescinded.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 601. INTERNATIONAL ORGANIZATIONS AND PROGRAMS. Section 576 of Public Law 107-115 is amended--
(1) in subsection (a) by striking ``not more than''; and
(2) by adding the following new subsection:
``(d) OBLIGATION AND DISBURSEMENT.--Funds made available pursuant to subsection (a) shall be obligated and disbursed not later than July 10, 2002, unless otherwise prohibited by law.''.
SEC. 602. ELIGIBILITY CONDITIONS. (a) Prior to providing assistance to a government with funds appropriated by this chapter, the Secretary of State shall take into account whether such government has established, or is making substantial progress in establishing--
(1) the rule of law, political pluralism including the establishment of political parties, respect for fundamental human rights including freedoms of expression, religion and association, and the rights to due process, a fair trial, and equal protection under the law;
(2) democratic institutions, independent media, credible electoral processes, and conditions for the development of an active civil society;
(3) a market-based economy, and economic policies to reduce poverty and increase the availability of health care and educational opportunities; and
(4) effective mechanisms to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
(b) Nothing in this section shall apply to funds appropriated under this chapter for assistance for Afghanistan or under the heading ``International Disaster Assistance''.
SEC. 603. COLOMBIA. (a) COUNTER-TERRORISM AUTHORITY.--In fiscal year 2002, funds available to the Department of State under the heading ``Andean Counterdrug Initiative'' in Public Law 107-115 for assistance for the Colombian Armed Forces and the Colombian National Police, funds appropriated by this Act that are made available for such assistance, and unexpired balances and assistance previously provided from prior Acts making appropriations for foreign operations, export financing, and related programs for such assistance, shall be available to support the Colombian Government's unified campaign against narcotics trafficking and against paramilitary and guerrilla organizations designated as terrorist organizations in that country.
(b) In order to ensure the effectiveness of United States support for such unified campaign, prior to the exercise of the authority contained in subsection (a) to provide counter-terrorism assistance, the Secretary of State shall report to the appropriate congressional committees that--
(1) the newly elected President of Colombia has--
(A) committed, in writing, to establish comprehensive policies to combat illicit drug cultivation, manufacturing, and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit crops) and to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations;
(B) committed, in writing, to implement significant budgetary and personnel reforms of the Colombian Armed Forces; and
(C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the country's previous commitments under ``Plan Colombia''; and
(2) no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available under this Act or any other Act.
(c) REPORT.--The authority provided in subsection (a) shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations.
(d) PROVISIONS OF LAW THAT REMAIN APPLICABLE.--Sections 556, 567, and 568 of Public Law 107-115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106-246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a) and to funds made available elsewhere in this Act that are made available for assistance for the Colombian Armed Forces and the Colombian National Police.
(RESCISSION)
SEC. 604. (a) Of the funds appropriated under the heading ``Export-Import Bank of the United States'' that are available for tied-aid grants in title I of Public Law 107-115 and under such heading in prior Acts making appropriations for foreign operations, export financing, and related programs, $50,000,000 are rescinded.
(b) Of the funds appropriated under the heading ``Economic Support Fund'' in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (as contained in Public Law 106-113) and in prior Acts making appropriations for foreign operations, export financing, and related programs, $25,000,000 are rescinded.
SEC. 605. Of the amounts appropriated to the President for the United States Agency for International Development (USAID) for the fiscal year 2002 and made available for the Ocean Freight Reimbursement Program of USAID, $300,000 shall be made available to the National
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SEC. 606. Not later than 45 days after the date of the enactment of this Act, the President shall transmit to the Committee on Appropriations and the Committee on International Relations of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate a report setting forth a strategy for meeting the immediate and long-term security needs of Afghanistan in order to promote safe and effective delivery of humanitarian and other assistance throughout Afghanistan, further the rule of law and civil order, and support the formation of a functioning, representative Afghan national government.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for ``Resource Management'', $412,000, to remain available until expended, to reimburse homeland security-related costs: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ``Construction'', $3,125,000, to remain available until expended, for facility and safety improvements related to homeland security: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
National Park Service
CONSTRUCTION
For an additional amount for ``Construction'', $17,651,000, to remain available until expended: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ``Surveys, Investigations, and Research'', $26,776,000, to remain available until expended, of which $20,000,000 is for high resolution mapping and imagery of the Nation's strategic cities, and of which $6,776,000 is for data storage infrastructure upgrades and emergency power supply system improvements at the Earth Resources Observation Systems Data Center: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(RESCISSION)
Of the funds provided under this heading in Public Law 107-20 for electric power operations and related activities at the San Carlos Irrigation Project, $10,000,000 are rescinded.
Departmental Offices
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ``Departmental Management, Salaries and Expenses'', for security enhancements, $7,030,000, to remain available until expended, of which not to exceed $4,130,000 may be transferred by the Secretary to any office within the Department of the Interior other than the Bureau of Reclamation: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ``Capital Improvement and Maintenance'', $3,500,000, to remain available until expended, for facility enhancements to protect property from acts of terrorism, vandalism, and theft: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OTHER RELATED AGENCY
Smithsonian Institution
CONSTRUCTION
For an additional amount for ``Construction'', $2,000,000, to remain available until expended, for planning, design, and construction of an alcohol collections storage facility at the Museum Support Center: Provided, That the Congress designates the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 701. The Department of the Interior and Related Agencies Appropriations Act, 2002 (Public Law 107-63), under the head ``Minerals Management Service, Royalty and Offshore Minerals Management'' is amended by striking the word ``and'' immediately following the word ``points,'' in the sixth proviso, and by inserting immediately after the word ``program'' in the sixth proviso ``, or under its authority to transfer oil to the Strategic Petroleum Reserve'', and by inserting at the end of the sixth proviso immediately preceding the colon, the following, ``and to recover MMS transportation costs, salaries and other administrative costs directly related to filling the Strategic Petroleum Reserve''.
SEC. 702. In entering into agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the country receiving said services when the individuals are fighting fires. The Secretary of Agriculture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign country (either directly or through its fire organization) agrees to assume any and all liability for the acts or omissions of American firefighters engaged in firefighting in a foreign country. When an agreement is reached for furnishing fire fighting services, the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws of the host country and those remedies shall be the exclusive remedies for any claim arising out of fighting fires in a foreign country. Neither the firefighter, the sending country nor any organization associated with the firefighter shall be subject to any action whatsoever pertaining to or arising out of fighting fires: Provided, That the Secretary of Agriculture shall draft and submit to Congress legislation implementing the agreement recently reached between the interested parties, including the Department of Justice and the Department of Agriculture, regarding management of the Black Hills National Forest which shall include actions for protection of resources and communities from fire.
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